No Fees to Landlord Who Acted in Bad Faith

July 31, 2001

LVT Number: 15129

Landlord sued to evict tenant after tenant's lease ended. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay use and occupancy from the date the lease ended until the date he agreed to move out. Landlord then asked the court for attorney's fees. The court ruled against landlord. Landlord appealed and lost. Landlord had offered tenant a renewal lease, even though it wasn't required to. But landlord then withdrew the offer, in retaliation for tenant's question to the DHCR as to whether the apartment was rent stabilized.

Landlord sued to evict tenant after tenant's lease ended. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay use and occupancy from the date the lease ended until the date he agreed to move out. Landlord then asked the court for attorney's fees. The court ruled against landlord. Landlord appealed and lost. Landlord had offered tenant a renewal lease, even though it wasn't required to. But landlord then withdrew the offer, in retaliation for tenant's question to the DHCR as to whether the apartment was rent stabilized. In the circumstances, landlord acted in bad faith and couldn't get attorney's fees.

Jacreg Realty Corp. v. Barnes: NYLJ, 7/2/01, p. 20, col. 3 (App. Div.1 Dept.; Rosenberger, JP, Andrias, Lerner, Saxe, Friedman, JJ)

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