Landlord Can Get Attorney's Fees from DHR

Co-op shareholder-tenant complained to HUD that landlord was discriminating against her based on disability. Landlord had sued to evict her for keeping a dog in violation of her lease. Tenant claimed that it was an emotional support animal. HUD referred the case to DHR, which initially found no probable cause for finding discrimination. DHR later reversed itself and sent the case back to HUD. Landlord then filed an Article 78 court appeal, claiming that DHR's actions were arbitrary and unreasonable. The court ruled against landlord, who appealed and won, finding that DHR's ruling went against it's own rules. The case was sent back to the lower court, and landlord asked for more than $100,000 in attorney's fees. The court ruled for landlord and referred the case to a referee to determine how much would be reasonable. Landlord could get attorney's fees from DHR because DHR's decision wasn't substantially justified. 

East River Housing Corporation v. Division of Human Rights: Index No. 101137/13, NYLJ No. 1202673925509 (Sup. Ct. NY; 9/19/14; Kern, J)