No Attorney's Fees for Tenant

Landlord sued to evict tenant in 2008 when tenant's lease expired. Landlord claimed that tenant's apartment was unregulated due to a high-rent vacancy in 2001. Tenant claimed that she was rent stabilized because landlord received J-51 benefits for her building at the time she moved in and because her lease contained no notice of deregulation after the J-51 benefits expired. The court ruled for tenant and ordered a hearing on an award of attorney's fees to tenant. Landlord appealed, claiming that no attorney's fees should be awarded. The court ruled for landlord. Although tenant was the prevailing party, at the time landlord started the case there was a legal question about whether receipt of J-51 benefits barred luxury deregulation. The Court of Appeals only later decided that question. Under the circumstances, it would be unfair to award tenant attorney's fees.

72A Realty Associates v. Lucas: 2011 NY Slip Op 21188, 2011 WL 213625 (App. T. 1 Dept.; 5/24/11; Schoenfeld, JP, Shulman, Hunter Jr., JJ)