Tenant Gets Attorney's Fees

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on defective flooring in the bedroom and hallway. The condition of the flooring resulted in violations placed on the building. The court ruled for tenant and gave him an almost 30 percent rent abatement. Tenant owed landlord $6,500 after $2,700 was deducted from the total due. Tenant then asked for attorney’s fees. The court ruled for tenant. Tenant was the prevailing party because he received a substantial rent abatement. Tenant was entitled to attorney’s fees in connection with this nonpayment proceeding, a prior nonpayment proceeding that was dismissed on a technicality, and for time his attorney spent corresponding with landlord before the case began.

Hampshire Owners Corp. v. Sullivan: NYLJ, 2/24/09, p. 28, col. 3 (Civ. Ct. Queens; Doherty, J)