Tenant Gets Fees for Court Case to Enforce DHCR Order

February 1, 2000

LVT Number: 13822

The DHCR ordered landlord to refund an overcharge to tenant based on tenant's fair market rent appeal. Tenant brought a court case to get landlord to pay the amount due. The court ruled for tenant and awarded tenant attorney's fees. Landlord appealed and lost. Tenant wouldn't be entitled to attorney's fees if landlord brought a court case to challenge a DHCR order. But that wasn't the case here. The DHCR ruled that landlord violated the fair market rent appeal provisions of the rent stabilization law which, in effect, was a violation of tenant's rent-stabilized lease.

The DHCR ordered landlord to refund an overcharge to tenant based on tenant's fair market rent appeal. Tenant brought a court case to get landlord to pay the amount due. The court ruled for tenant and awarded tenant attorney's fees. Landlord appealed and lost. Tenant wouldn't be entitled to attorney's fees if landlord brought a court case to challenge a DHCR order. But that wasn't the case here. The DHCR ruled that landlord violated the fair market rent appeal provisions of the rent stabilization law which, in effect, was a violation of tenant's rent-stabilized lease. Tenant's lease provided for attorney's fees in disputes based on a breach of the lease. So tenant was entitled to attorney's fees for enforcing his right to a fair market rent appeal refund.

Paganuzzi v. Primrose Mgmt. Co.: NYLJ 1/6/00, p. 27, col. 3 (App. Div.1 Dept.; Nardelli, JP, Tom, Mazzarelli, Ellerin, Friedman, JJ)

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