Tenant Gets Fees for Case to Enforce DHCR Order

April 1, 2000

LVT Number: 13961

Tenant sued landlord to get a refund that the DHCR had ordered in a fair market rent appeal case. The court ruled for tenant and awarded her the refund with interest, costs, and attorney's fees. Landlord appealed, claiming that tenant wasn't entitled to attorney's fees or interest. The appeals court ruled against landlord. A tenant who must bring a court case to enforce a fair market rent appeal is entitled to attorney's fees under Real Property Law section 234. Tenant is also entitled to interest under CPLR 5001(a) computed from the date of the DRA's order.

Tenant sued landlord to get a refund that the DHCR had ordered in a fair market rent appeal case. The court ruled for tenant and awarded her the refund with interest, costs, and attorney's fees. Landlord appealed, claiming that tenant wasn't entitled to attorney's fees or interest. The appeals court ruled against landlord. A tenant who must bring a court case to enforce a fair market rent appeal is entitled to attorney's fees under Real Property Law section 234. Tenant is also entitled to interest under CPLR 5001(a) computed from the date of the DRA's order.

Chechak v. Hakim: NYLJ, 3/2/00, p. 27, col. 6 (App. Div.1 Dept.; Williams, JP, Wallach, Saxe, Buckley, JJ)

Topics

More like this