No Fees to Tenant for Enforcing DHCR Order

June 30, 2005

LVT Number: 18169

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant sought a court judgment and attorney's fees for an unpaid rent overcharge determination. The court found that the overcharge issue was resolved, but granted tenant attorney's fees in connection with the court case. Landlord appealed and won. Tenant used the wrong procedure to enforce the DHCR order. He should have entered the order as a judgment with the court. Tenant wasn't entitled to attorney's fees.

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant sought a court judgment and attorney's fees for an unpaid rent overcharge determination. The court found that the overcharge issue was resolved, but granted tenant attorney's fees in connection with the court case. Landlord appealed and won. Tenant used the wrong procedure to enforce the DHCR order. He should have entered the order as a judgment with the court. Tenant wasn't entitled to attorney's fees.

Berman v. Waverly Assocs.: NYLJ, 6/6/05, p. 26, col. 4 (App. Div. 1 Dept.; Saxe, JP, Sullivan, Nardelli, Williams, JJ)

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