Tenant Gets Attorney's Fees After Settling Disability-Related Claim

Tenant sued landlord in federal court. Tenant suffered from renal disease and couldn’t safely go up and down seven flights of stairs to his apartment independently. Landlord didn’t offer tenant any accommodation when it announced plans to shut down the building’s only elevator for five months in early 2016. Tenant, represented by legal aid attorneys, sued for injunctive relief under the federal Fair Housing Act and New York State and City human rights laws. The case was settled and dismissed on condition that landlord move tenant to a first-floor apartment. Tenant then sought $60,589 in attorney's fees, and the court awarded him $39,540. Tenant was a “prevailing party,” and the court deemed public interest attorneys were entitled to attorney's fees at rates equal to those in private practice. The reduced award was based on duplicative work or hours expended on noncompensable tasks.

Ng v. King Henry Realty, Inc.: Index No. 16 Civ. 0013, NYLJ No. 1202769817217 (SDNY; 10/7/16; Francis, MJ)