Landlord Can't Get Fees from DHCR

April 1, 1995

LVT Number: 9562

Landlord won a court case against the DHCR and then asked the court to order the DHCR to pay landlord's attorney's fees. The court ruled against landlord and landlord appealed. The appeals court again ruled against landlord. Landlord started its court action against DHCR in November 1989. The New York Equal Access to Justice Act, which permits an award of attorney's fees in actions commenced against the State of New York only applies to actions commenced on or after April 1, 1990. So landlord can't get fees under that law. In addition, the DHCR's ruling was substantially justified.

Landlord won a court case against the DHCR and then asked the court to order the DHCR to pay landlord's attorney's fees. The court ruled against landlord and landlord appealed. The appeals court again ruled against landlord. Landlord started its court action against DHCR in November 1989. The New York Equal Access to Justice Act, which permits an award of attorney's fees in actions commenced against the State of New York only applies to actions commenced on or after April 1, 1990. So landlord can't get fees under that law. In addition, the DHCR's ruling was substantially justified.

Sin Hang Lee v. Higgins: NYLJ, p. 32, col. 3 (3/23/95) (App. Div. 2 Dept.; Ritter, JP, Copertino, Joy, Hart, JJ)

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