No Attorney's Fees Awarded for Fair Market Rent Appeal

November 1, 2006

LVT Number: 19190

Tenant complained that first rent-stabilized rent for his apartment exceeded the fair market rent. The DHCR ruled for tenant and ordered a rent refund. Tenant appealed, claiming that he was also entitled to attorney's fees. Both the lower court and the appeals court ruled against tenant. Tenant wasn't entitled to attorney's fees, since he didn't prove that landlord would be entitled to recover attorney's fees in a similar action seeking to recover damages for breach of the lease.

Tenant complained that first rent-stabilized rent for his apartment exceeded the fair market rent. The DHCR ruled for tenant and ordered a rent refund. Tenant appealed, claiming that he was also entitled to attorney's fees. Both the lower court and the appeals court ruled against tenant. Tenant wasn't entitled to attorney's fees, since he didn't prove that landlord would be entitled to recover attorney's fees in a similar action seeking to recover damages for breach of the lease.

Ellison v. DHCR: NYLJ, 10/23/06, p. 33, col. 6 (App. Div. 1 Dept.; Buckley, PJ, Tom, Marlow, Nardelli, Williams, JJ)

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