Tenant Gets Attorney's Fees in DHCR Proceeding

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $138,375, including triple damages. The DRA also directed landlord to refund to tenant $33,000 in attorney's fees. The attorney charged tenant $400 per hour, as well as $125 per hour for paralegal time. Landlord appealed and won, in part. Landlord claimed that no attorney's fees were warranted because this wasn't an exceptional case. The DHCR found that the Rent Stabilization Law and Code didn't bar an award of attorney's fees. Tenant was entitled to attorney's fees for work done during the processing of landlord's and tenant's PARs. But the DHCR wouldn't grant attorney's fees for work done by tenant's attorney in an Article 78 proceeding landlord had filed after the DHCR's original order in the case. The attorney's fee award was reduced to $23,000.

Graham Court Owners Corp.: DHCR Adm. Rev. Docket No. AN410010RO (7/30/14) [6-pg. doc.]