No Attorney's Fees for Section 8 Tenant

Section 8 tenant sued landlord after landlord refused to continue accepting tenant's rent subsidies. The court ruled for tenant, finding that landlord couldn't opt out of the federal program and terminate rent-stabilized tenant's existing lease. Tenant then asked the court for attorney's fees because he was the prevailing party in the lawsuit. The court ruled against tenant. Tenant didn't show that there was any clause in his lease for recovery of attorney's fees. Although landlord sought attorney's fees in its eviction petition, it made the claim for attorney's fees "upon information and belief" that it was entitled to them if it won the case. So there was no admission by landlord that there was an attorney's fees clause in the lease. In addition, the housing assistance payment (HAP) contract attached as an addendum to tenant's lease contained no provision for attorney's fees.

Ortiz v. 570156 LLC: NYLJ, 4/9/08, p. 26, col. 3 (Sup. Ct. NY; Tolub, J)