Tenant Gets Fees for Habitability Claim

November 1, 1994

LVT Number: 9186

Landlord sued to evict tenant for nonpayment of rent. The court gave tenant a significant rent abatement for breach of the warranty of habitability, and tenant asked the court for attorney's fees. The court agreed, finding that tenant was the prevailing party in the case. Landlord appealed, and the appeals court upheld the award of fees. But it reduced the award to $3,000, which more accurately reflected the reasonable value of the services rendered.

Landlord sued to evict tenant for nonpayment of rent. The court gave tenant a significant rent abatement for breach of the warranty of habitability, and tenant asked the court for attorney's fees. The court agreed, finding that tenant was the prevailing party in the case. Landlord appealed, and the appeals court upheld the award of fees. But it reduced the award to $3,000, which more accurately reflected the reasonable value of the services rendered.

AMG Properties v. Davis: NYLJ, p. 22, col. 4 (10/13/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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