Landlord Can't Get Attorney's Fees from Section 8 Tenant

January 14, 2013

LVT Number: #24562

Westchester County landlord sued to evict Section 8 tenant for nonpayment of rent. The court ruled for landlord, awarding possession, $5,000 in rent arrears, and attorney's fees totaling $1,340. Tenant then asked the court to vacate the judgment and warrant. The court refused. Tenant appealed and won. DSS had agreed to pay the rent arrears and needed only a short delay to reissue checks that had been canceled due to a computer error.

Westchester County landlord sued to evict Section 8 tenant for nonpayment of rent. The court ruled for landlord, awarding possession, $5,000 in rent arrears, and attorney's fees totaling $1,340. Tenant then asked the court to vacate the judgment and warrant. The court refused. Tenant appealed and won. DSS had agreed to pay the rent arrears and needed only a short delay to reissue checks that had been canceled due to a computer error. And, although landlord's house rules stated that tenant must pay attorney's fees as additional rent if landlord prevailed in a housing court proceeding, attorney's fees can't be deemed additional rent against Section 8 tenants and can't be recovered against Section 8 tenants in an eviction proceeding. 

Fairview Housing LLC v. Wilson: 38 Misc.3d 128(A), 2012 NY Slip Op 52385(U) (App. T. 9th & 10th; LaCava, JP, Iannacci, LaSalle, JJ)

Topics

More like this