Use and occupancy award based on fair market rent.


Landlord sued former tenant of rent-stabilized apartment for fair market use and occupancy, as well as attorney's fees, after landlord won a nonprimary residence case against tenant. The trial court, by special referee, awarded landlord $246,000 in fair market use and occupancy, and $344,000 in attorneys' fees. Tenant appealed and lost. Tenant's failure to appeal from court's original order and judgment didn't warrant dismissal of her entire appeal, but she couldn't now raise a claim that use and occupancy should be based on the last rent-stabilized rent rather than the market rent for the apartment. In addition, tenant never had the right to a rent-stabilized apartment...

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