Tenant Gets Attorney's Fees

April 30, 2011

LVT Number: #23362

Landlord sued to evict tenant after tenant's market-rate lease expired. Tenant claimed that he was rent stabilized because the building received J-51 tax benefits, so landlord wasn't entitled to exemption for a high-rent vacancy increase. Tenant's rent was over $2,000 per month, but the apartment remained rent stabilized under J-51. Landlord later discontinued the case and offered tenant a rent-stabilized renewal lease. The court awarded tenant attorney's fees. Landlord appealed and lost.

Landlord sued to evict tenant after tenant's market-rate lease expired. Tenant claimed that he was rent stabilized because the building received J-51 tax benefits, so landlord wasn't entitled to exemption for a high-rent vacancy increase. Tenant's rent was over $2,000 per month, but the apartment remained rent stabilized under J-51. Landlord later discontinued the case and offered tenant a rent-stabilized renewal lease. The court awarded tenant attorney's fees. Landlord appealed and lost. Landlord unnecessarily prolonged the proceeding by failing to discontinue after either the Appellate Division or the Court of Appeals ruled on the same issue in Roberts v. Tishman Speyer Properties.

NYC 107 LLC v. Clark: NYLJ, 4/11/11, p. 18, col. 3 (App. T. 1 Dept.; Schoenfeld, PJ, Shulman, Hunter, JJ)

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