No Attorney's Fees for Landlord After Harassment Claim Dismissed

Tenant sued landlord in housing court for harassment and asked for a restraining order. The court ruled against tenant after a trial and dismissed the case. Landlord then asked the court for attorney's fees. The court ruled against landlord. Under NYC Housing Maintenance Code 27-2115(m)(3), a court can award a landlord attorney's fees in a harassment case if the claim was frivolous. While that provision doesn't define "frivolous," other laws state that a case is frivolous if it is completely without merit, is claimed primarily to delay resolution of a conflict, or asserts materially false statements. In this case, tenant didn't intend to harass or annoy landlord but actually believed that landlord had engaged in a prior pattern of harassing conduct through prior nonpayment proceedings that were decided in landlord's favor. There also was no pattern of prior actions by tenant against landlord.

Huss v. Fried: Index No. HP6370/2012, NYLJ No. 1202593427041 (Civ. Ct. Kings; 2/28/13; McClanahan, J)