Use and Occupancy Set at Unit's Maintenance

September 30, 2002

LVT Number: 16145

Landlord bought a cooperative building in a reforeclosure action. Landlord then sued co-op occupants for use and occupancy. Occupants had been rent-stabilized tenants before the cooperative conversion in 1989. The court referee recommended that the use and occupancy be set at $6,500 per month for the two apartments. Tenants objected. The court ruled for tenants. The court set the use and occupancy for one apartment at $650 per month and for the other at $936 per month.

Landlord bought a cooperative building in a reforeclosure action. Landlord then sued co-op occupants for use and occupancy. Occupants had been rent-stabilized tenants before the cooperative conversion in 1989. The court referee recommended that the use and occupancy be set at $6,500 per month for the two apartments. Tenants objected. The court ruled for tenants. The court set the use and occupancy for one apartment at $650 per month and for the other at $936 per month. The court said that the established maintenance charges for the apartments were the correct measure of what the use and occupancy should be.

Davis v. Cole: NYLJ, 9/18/02, p. 19, col. 6 (Sup. Ct. NY; Lebedeff, J)

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