Co-op Shareholder Tenants Get Attorneys' Fees in Mold Case

Cooperative shareholder tenants sued landlord co-op corporation in an HP proceeding, claiming that there were hazardous violations based on mold conditions in their apartments. They further claimed the condition was caused by a compromised concrete slab beneath the building and resulting water intrusion. After the court directed landlord to correct the conditions, tenants asked for attorneys' fees. The court ruled for tenants since they were the "prevailing parties" who had to commence legal proceedings and incur legal costs to compel landlord's compliance with the Housing Maintenance Code. Landlord appealed and lost. Tenants were awarded the "central relief" sought in this HP proceeding, and therefore were entitled to attorneys' fees.

Hartman v. WVH Hous. Dev. Fund Corp.: Index No. 570106/21, 2022 NY Slip Op 51032(U)(App. T. 1 Dept.; 10/24/22; Hagler, JP, Tisch, Michael, JJ)