Landlord Gets Fees in 7-A Proceeding

Tenants asked the court to appoint a 7-A administrator for the building. The court refused because (1) building conditions didn't warrant the appointment of an administrator, and (2) tenants didn't prove that they represented more than one-third of the building occupants. Landlord then asked the court for attorney's fees. Tenants argued that landlord didn't really win the case because they'd gotten rent abatements in a prior nonpayment proceeding. The court ruled for landlord, and tenants appealed. The appeals court also ruled for landlord. Landlord had successfully defended the 7-A administrator case. The fact that tenants won a rent abatement in a prior case isn't relevant to landlord's claim for attorney's fees in the 7-A case. And, since courts have awarded attorney's fees to tenants who've won 7-A proceedings, they should also award fees to landlords who successfully defend against 7-A proceedings.

Thenebe v. Ansonia Associates: NYLJ, p. 25, col. 1 (2/8/95) (App. T. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)