Litigious Landlord Must Pay Higher Fee Rate

April 30, 2006

LVT Number: 18804

Facts: Tenant sued landlord to get apartment repairs. Landlord and tenant signed a settlement agreement in court. Landlord agreed to fix two violations and to restore heat and hot water to tenant's apartment. Tenant later asked the court for an award of attorney's fees, based on landlord's failure to comply with the settlement agreement. Tenant had signed a fee agreement with her attorneys by which they charged her a reduced rate, based on her financial situation. But tenant argued that the court should award reasonable attorney's fees at a higher rate, not the discounted rate.

Facts: Tenant sued landlord to get apartment repairs. Landlord and tenant signed a settlement agreement in court. Landlord agreed to fix two violations and to restore heat and hot water to tenant's apartment. Tenant later asked the court for an award of attorney's fees, based on landlord's failure to comply with the settlement agreement. Tenant had signed a fee agreement with her attorneys by which they charged her a reduced rate, based on her financial situation. But tenant argued that the court should award reasonable attorney's fees at a higher rate, not the discounted rate. Landlord objected. Court: Tenant wins. Landlord was litigious and shouldn't benefit from the discounted rate that tenant's attorney generously gave her. Tenant had a meritorious case. Awarding reasonable attorney's fees didn't give tenant a windfall and didn't punish landlord. The court awarded attorney's fees with interest to tenant, for a total of almost $100,000.

Ross v. Congregation B'Nai Abraham Mordechai: NYLJ, 4/25/06, p. 18, col. 1 (Civ. Ct. NY; Lebovits, J)

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