Successor Tenant Who Won Case Gets Attorney Fees for His Self-Representation Time
LVT Number: #33427
Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant didn't appear, but her son successfully claimed succession rights. He appeared without an attorney. The court and appeals court ruled for the son, who later hired an attorney to seek attorney's fees from the landlord. Landlord argued that the son wasn't entitled to attorney's fees because he wasn't represented by an attorney during the court case.
The court ruled in the son's favor. Under the circumstances of the case and under RPL Section 234, the court found that the tenant was entitled to reimbursement of legal fees for the time he spent in defending himself in this proceeding as a pro se litigant. Attorney fees need not have been "actually incurred" to be within coverage under RPL Section 234. An hourly rate of $80 sought by the son, who is a non-attorney but whose work can be compared to that of a paralegal, was reasonable. The court awarded the son $4,000 representing 50 hours of research and drafting, as well as $4,400 in expenses for photocopying, travel, and court-related fees. With additional attorney fees for counsel retained for the attorney fees hearing, the court awarded a total of $53,000.
178 East 70th Street LLC v. Woodward: Index No. L&T 92830/2009, 2024 NY Slip Op 51250(U), 83 Misc.3d 1289(A)(Civ. Ct. NY; 9/11/24; Ortiz, J)