Landlord Can't Get Fees

August 31, 2000

LVT Number: 14341

Landlord sued to evict tenant after his one-year lease expired. Landlord had offered tenant a renewal lease, but then withdrew the offer before tenant accepted. At about the same time, the DHCR ruled that tenant's apartment was exempt from rent stabilization because the apartment had been deregulated based on high-rent vacancy before tenant moved in. The court ruled for landlord, and landlord asked for attorney's fees. The court ruled against landlord on the issue of attorney's fees. Landlord appealed and lost.

Landlord sued to evict tenant after his one-year lease expired. Landlord had offered tenant a renewal lease, but then withdrew the offer before tenant accepted. At about the same time, the DHCR ruled that tenant's apartment was exempt from rent stabilization because the apartment had been deregulated based on high-rent vacancy before tenant moved in. The court ruled for landlord, and landlord asked for attorney's fees. The court ruled against landlord on the issue of attorney's fees. Landlord appealed and lost. Landlord had made a renewal lease offer to tenant, and it was unfair to expect tenant to move out immediately when the renewal offer was withdrawn just three weeks before tenant's lease expired.

Jacreg Realty Corp. v. Pitz: NYLJ, 8/31/00, p. 22, col. 1 (App. T.1 Dept.; McCooe, PJ, Davis, Gangel-Jacob, JJ)

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