Landlord Can't Get Fees from DHCR

January 1, 1993

LVT Number: 6605

At the end of a proceeding challenging a decision by the DHCR, landlord asked the court for attorney's fees. The court denied landlord's request, and landlord appealed. The appeals court also denied landlord's request. Landlord was ineligible to recover fees under Civil Practice Law and Rules Article 86, which permits recovery of attorney's fees in actions against the state in limited circumstances. Landlord didn't show that he lacked the resources to sustain a long legal battle.

At the end of a proceeding challenging a decision by the DHCR, landlord asked the court for attorney's fees. The court denied landlord's request, and landlord appealed. The appeals court also denied landlord's request. Landlord was ineligible to recover fees under Civil Practice Law and Rules Article 86, which permits recovery of attorney's fees in actions against the state in limited circumstances. Landlord didn't show that he lacked the resources to sustain a long legal battle.

[Matter of Peck: NYLJ, p. 26, col. 2 (12/10/92) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Kassal, Rubin, JJ)].

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