Tenant Gets Attorney's Fees in HP Proceeding

February 20, 2015

LVT Number: #25982

Tenant sued landlord for lack of hot water. in February 2013, tenant asked the court to hold landlord in contempt for failing to restore hot water in her apartment for over two years. After a hearing, the court ruled for tenant and awarded tenant $19,000 in fines and damages. Tenant then asked for attorney's fees under Judiciary Law Section 773. Landlord argued that there was no lease clause providing for attorney's fees and that tenant received free legal services from The Legal Aid Society. The court ruled for tenant and awarded $20,000 in legal fees.

Tenant sued landlord for lack of hot water. in February 2013, tenant asked the court to hold landlord in contempt for failing to restore hot water in her apartment for over two years. After a hearing, the court ruled for tenant and awarded tenant $19,000 in fines and damages. Tenant then asked for attorney's fees under Judiciary Law Section 773. Landlord argued that there was no lease clause providing for attorney's fees and that tenant received free legal services from The Legal Aid Society. The court ruled for tenant and awarded $20,000 in legal fees. Tenant's experienced legal aid attorney spent over 44 hours on the case at a reasonable rate of $450 per hour. It didn't matter that tenant didn't pay for these services. And, under Judiciary Law Section 773, since landlord's contempt of court caused an actual loss or injury to tenant, Judiciary Law Section 773 called for an award of attorney's fees.

Brown v. NYCHA: Index No HP1885/10 & 116/12, NYLJ No. 1202715109979 (Civ. Ct. NY; 1/7/15; Saxe, J)

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