Tenant Can't Be Evicted for Nonpayment of Attorney's Fees

Landlord of HUD-subsidized housing sued to evict tenant for nonpayment of rent. Landlord and tenant signed a consent judgment in court for $1,760 in back rent and $550 in attorney's fees due to landlord. Landlord later asked the court for an eviction warrant based on tenant's noncompliance with the settlement agreement. The court ruled against landlord. Tenant had paid the total back rent owed, but the attorney's fees were outstanding. Rent regulation rules don't allow landlord to treat the attorney's fees as "rent," and no judgment of possession or eviction warrant can be issued based on nonpayment of the attorney's fees. Landlord must start a separate court action to sue for the unpaid attorney's fees.

Rip Van Winkle House v. Betterton: 35 Misc.3d 1221(A), NY Slip Op 50803(U) (City Ct. Poughkeepsie, 5/4/12; Moloney, J)