Tenant Gets Attorney's Fees in Civil Contempt Motion Against Landlord

February 23, 2023

LVT Number: #32460

Tenant sued landlord in an HP proceeding. Landlord failed to appear in court, and after inquest, the court ruled that landlord was in civil contempt of the court's January 2022 default order, had engaged in harassment against tenant under the Housing Maintenance Code, and was liable for civil penalties. The court later held a hearing concerning reasonable legal fees incurred by tenant in connection with her civil contempt motion against landlord. Landlord showed up at that point and asked the court to vacate the default order.

Tenant sued landlord in an HP proceeding. Landlord failed to appear in court, and after inquest, the court ruled that landlord was in civil contempt of the court's January 2022 default order, had engaged in harassment against tenant under the Housing Maintenance Code, and was liable for civil penalties. The court later held a hearing concerning reasonable legal fees incurred by tenant in connection with her civil contempt motion against landlord. Landlord showed up at that point and asked the court to vacate the default order. The court ruled against landlord and awarded legal fees to tenant's legal services attorneys. It didn't matter that tenant had no written retainer agreement with her attorneys. The court found that the attorney's hourly rate of $250 was reasonable, reduced the number of proposed hours slightly, and awarded tenant's attorneys $12,300 for attorney's fees.

Lucas v. Forlader: Index No. L&T308904/21, 2023 NY Slip Op 50055(U)(Civ. Ct. Queens; 1/19/23; Guthrie, J)

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