Sommer v. Ann Turkel, Inc.

OPINION OF THE COURT

Norman C. Ryp, J.

Rent Stabilization Law (Administrative Code of City of New York § 26-501 et seq. [RSL]) maximum rent cap or fair market rental capitalization under RPAPL 749 (3)?

The defining issue of first impression is whether RPAPL 749 *893(3) retroactive (63 months) use and occupation between lease termination and issuance of a warrant of eviction for tenants’ nonprimary residence determined by a reversing appellate court is limited by the current stabilized rent or fair market value.

A. PROCEDURAL HISTORY AND FACTS

This RPAPL 753 application by respondents occupants Ann…