Court Increases Attorney's Fees to Tenant

June 30, 2011

LVT Number: #23489

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for tenant based on several DOB violations for huge cracks in the living room ceiling, landlord's inaction, and HPD's eventual repair. Landlord didn't request access until after HPD completed repairs and showed no proof to support its claim that tenant refused access. The court awarded attorney's fees to tenant in the amount of $6,600. Tenant appealed, seeking a greater attorney's fee award.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for tenant based on several DOB violations for huge cracks in the living room ceiling, landlord's inaction, and HPD's eventual repair. Landlord didn't request access until after HPD completed repairs and showed no proof to support its claim that tenant refused access. The court awarded attorney's fees to tenant in the amount of $6,600. Tenant appealed, seeking a greater attorney's fee award. The court ruled for tenant in light of all the facts in the case and increased the award to $10,000.

H&H Realty Property LLC v. Rodriguez: 2011 NY Slip Op 51164(U), 2011 WL 2536163 (App. T. 1 Dept.; 6/27/11; Shulman, JP, Schoenfeld, Torres, JJ)

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