Tenant Gets $10,000 in Attorney's Fees

July 31, 2011

LVT Number: #23561

Landlord sued to evict tenant for causing apartment damage and refusing access for repairs. The court ruled for tenant and awarded him attorney's fees. Landlord appealed and lost. Attorney's fees to tenant were increased to $10,000. DOS issued several violations in August 2009, requiring landlord to repair huge cracks in tenant's living room ceiling. Landlord took no action, and in October 2009, HPD made the repairs. Landlord didn't request access from tenant for repairs until November 2009--after HPD completed its repair work.

Landlord sued to evict tenant for causing apartment damage and refusing access for repairs. The court ruled for tenant and awarded him attorney's fees. Landlord appealed and lost. Attorney's fees to tenant were increased to $10,000. DOS issued several violations in August 2009, requiring landlord to repair huge cracks in tenant's living room ceiling. Landlord took no action, and in October 2009, HPD made the repairs. Landlord didn't request access from tenant for repairs until November 2009--after HPD completed its repair work. Landlord also couldn't now claim that tenant negligently had damaged the ceiling, since it didn't make this claim in its termination notice.

H&H Realty Property LLC v. Rodriguez: NYLJ, 7/1/11, p. 29, col. 5 (App. T. 1 Dept.; Shulman, JP, Schoenfeld, Torres, JJ)

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