Section 2524.4(a)(1) of the Rent Stabilization Code provides that an owner can elect not to offer a renewal lease to a tenant at the expiration of the lease term and subsequently commence a holdover proceeding where "[a]n owner who seeks to recover possession of the housing accommodation for such owner's personal use and occupancy
, as his or her primary residence in the City of New York and/or for the use and occupancy
of a member of his or her immediate family as his or her primary residence in the City of New York..." The court (Hon.
The contract provided that the concessionaire shall have the "use and occupancy of the space near the plumbing, gas and electrical fixtures' in the basement of the landlord's building.
If the instrument grants only use and occupancy, without exclusive possession, it is a mere license.
The lease contained typical office lease provisions which require (a) the tenant to comply with all applicable laws and requirements in connection with its use and occupancy
of the leased premises or any tenant alteration, (b) the tenant to make all repairs to the leased premises at the tenant's sole cost and expense and (c) the tenant to abate any nuisance arising from any cause or condition created by or at the instance of the tenant.