No Attorney's Fees for Tenant Who Illegally Sublet Apartment

Landlord sued former tenant to recover attorney's fees that landlord incurred in connection with an eviction case against subtenant. The court ruled against landlord, but awarded tenant $35,000 in attorney's fees. Landlord appealed, seeking both its own attorney's fees and objecting to the award of attorney's fees to tenant.  The appeals court ruled for landlord in part. The lower court correctly ruled that landlord wasn't entitled to attorney's fees in connection with the eviction proceeding brought solely against tenant's subtenant. Although tenant signed affidavits of primary residence to facilitate subtenant's occupancy of the apartment before he gave up his right to a renewal lease, he didn't cause subtenant's occupancy during the next 14 months before landlord sued to evict subtenant. But, in light of tenant's misconduct in signing false affidavits of primary residency and unauthorized subletting, it would be unfair to award tenant attorney's fees. So the lower court's attorney fee award to tenant was revoked.

333 East 49th Partners, LP v. Flamm: 2013 NY Slip Op 04731, 2013 WL 3185164 (App. Div. 1 Dept.; 6/25/13; Acosta, JP, Saxe, Moskowitz, Freedman, Manzanet-Daniels, JJ)