No Fees to Tenant for Minor Rent Abatement

May 31, 2000

LVT Number: 14115

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord $5,400 in back rent that was not disputed and gave tenant a rent abatement of $1,240. Tenant then asked for attorney's fees. The court ruled for tenant, finding that he was the prevailing party. Landlord appealed and won. The abatement covered a four-year period and amounted to only 3.5 percent of the total rent for that period. So tenant shouldn't get attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord $5,400 in back rent that was not disputed and gave tenant a rent abatement of $1,240. Tenant then asked for attorney's fees. The court ruled for tenant, finding that he was the prevailing party. Landlord appealed and won. The abatement covered a four-year period and amounted to only 3.5 percent of the total rent for that period. So tenant shouldn't get attorney's fees.

Simkowitz v. Birden: NYLJ, 5/19/00, p. 28, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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