No Attorney's Fees to Tenant Who Moved Out Owing Back Rent

April 1, 2001

LVT Number: 14838

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part. Tenant got a 100 percent rent abatement based on HPD violations for the period January 1992 through October 1994 and a 25 percent rent abatement for the following 14 months. Tenant then asked the court for an award of attorney's fees. The court ruled against tenant because tenant was at least partly responsible for landlord's delay in making repairs. Tenant appealed. The appeals court ruled against tenant, but for a different reason.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part. Tenant got a 100 percent rent abatement based on HPD violations for the period January 1992 through October 1994 and a 25 percent rent abatement for the following 14 months. Tenant then asked the court for an award of attorney's fees. The court ruled against tenant because tenant was at least partly responsible for landlord's delay in making repairs. Tenant appealed. The appeals court ruled against tenant, but for a different reason. After the lower court decided how much rent abatement was due tenant, tenant still owed $13,000 in back rent. Tenant moved out and didn't pay it. In these circumstances, tenant shouldn't get attorney's fees.

Willows v. Tonkowich: NYLJ, 3/20/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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