Tenant Gets Fees in DHCR Proceeding

February 1, 1994

LVT Number: 8498

In a DHCR proceeding, tenant requested attorney's fees. The DHCR ruled for tenant, awarding him attorney's fees in the amount requested. Landlord appealed, and the court sent that portion of the case concerning attorney's fees back to the DHCR for reconsideration. Tenant then appealed. The appeals court ruled for tenant. There was no reason to send this issue back to the DHCR. Landlord had never questioned the amount of attorney's fees that tenant requested while the PAR was pending before the DHCR. Landlord's appeal was dismissed altogether.

In a DHCR proceeding, tenant requested attorney's fees. The DHCR ruled for tenant, awarding him attorney's fees in the amount requested. Landlord appealed, and the court sent that portion of the case concerning attorney's fees back to the DHCR for reconsideration. Tenant then appealed. The appeals court ruled for tenant. There was no reason to send this issue back to the DHCR. Landlord had never questioned the amount of attorney's fees that tenant requested while the PAR was pending before the DHCR. Landlord's appeal was dismissed altogether.

Matter of Marksue Realty: NYLJ, p. 22, col. 1 (1/13/94) (App. Div. 1 Dept.; Murphy, PJ, Wallach, Kupferman, Asch, JJ)

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