Tenant Gets Fees for Case to Get Overcharge Refunded

April 1, 1994

LVT Number: 8649

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord and dismissed its PAR. When landlord didn't pay tenant the overcharge refund due him, tenant sued landlord and asked for attorney's fees. The court ruled for tenant. Since tenant had to sue landlord to collect his refund, he was entitled by statute to ''reasonable'' attorney's fees. Tenant was awarded $5,600 in attorney's fees and costs.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord and dismissed its PAR. When landlord didn't pay tenant the overcharge refund due him, tenant sued landlord and asked for attorney's fees. The court ruled for tenant. Since tenant had to sue landlord to collect his refund, he was entitled by statute to ''reasonable'' attorney's fees. Tenant was awarded $5,600 in attorney's fees and costs.

Paolella v. Park Lane East Holding Co.: NYLJ, p. 27, col. 3 (3/17/94) (Civ. Ct. Kings; Dowling, J)

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