No Fees to Tenants for Defending Against Landlord's Court Challenge

September 30, 2005

LVT Number: 18356

Tenants complained of a rent overcharge. The DHCR ruled for tenants. Landlord challenged the DHCR's ruling in court. The court ruled for tenants, dismissing landlord's challenge. Tenants then asked for attorney's fees. The court ruled against tenants. Tenants didn't have a statutory right to legal fees for the cost of defending against landlord's court challenge. But they had a right to recover attorney's fees under their lease if it allowed landlord to recover attorney's fees for a breach of the lease. Tenants could bring a plenary action in civil court to seek attorney's fees.

Tenants complained of a rent overcharge. The DHCR ruled for tenants. Landlord challenged the DHCR's ruling in court. The court ruled for tenants, dismissing landlord's challenge. Tenants then asked for attorney's fees. The court ruled against tenants. Tenants didn't have a statutory right to legal fees for the cost of defending against landlord's court challenge. But they had a right to recover attorney's fees under their lease if it allowed landlord to recover attorney's fees for a breach of the lease. Tenants could bring a plenary action in civil court to seek attorney's fees.

Bridgeview Garden Apts. LLC v. DHCR: NYLJ, 9/21/05, p. 20, col. 1 (Sup. Ct. Richmond; Vitaliano, J)

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