No Attorney's Fees for Landlord in Unresolved HP Proceeding

July 31, 2008

LVT Number: #20606

Tenant in co-op building sued landlord in an HP proceeding to compel it to cure housing code violations. The court ruled against tenant and found that the matter had been resolved. The court awarded attorney's fees to landlord. Tenant appealed and won. Tenant had claimed that water continued to penetrate into his apartment. Landlord admitted that there was still moisture in the apartment. So the court was wrong to find that the case had been resolved. And since there were still conditions in the apartment, the court shouldn't have awarded landlord attorney's fees.

Tenant in co-op building sued landlord in an HP proceeding to compel it to cure housing code violations. The court ruled against tenant and found that the matter had been resolved. The court awarded attorney's fees to landlord. Tenant appealed and won. Tenant had claimed that water continued to penetrate into his apartment. Landlord admitted that there was still moisture in the apartment. So the court was wrong to find that the case had been resolved. And since there were still conditions in the apartment, the court shouldn't have awarded landlord attorney's fees. The court also incorrectly awarded possession to landlord. Even if attorney's fees were "additional rent" under the terms of tenant's proprietary lease, possession of the apartment isn't a proper issue for consideration in an HP proceeding.

ALS v. 512 East 11th Street HDFC: NYLJ, 7/29/08, p. 33, col. 3 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

Topics

More like this