Tenant Gets Fees in Housing Violation Case

May 31, 1998

LVT Number: 12347

Tenant sued landlord to get correction of lead paint violations in tenant's apartment. Landlord agreed in court that it would correct the condition and temporarily relocate tenant while the work was being done. After landlord completed the work, tenant asked the court to award attorney's fees. The court ruled against tenant, finding that landlord had made prompt repairs under the agreement. Tenant appealed and won. Even though there was no trial, tenant won the case as a result of a court-ordered agreement that was completely in tenant's favor.

Tenant sued landlord to get correction of lead paint violations in tenant's apartment. Landlord agreed in court that it would correct the condition and temporarily relocate tenant while the work was being done. After landlord completed the work, tenant asked the court to award attorney's fees. The court ruled against tenant, finding that landlord had made prompt repairs under the agreement. Tenant appealed and won. Even though there was no trial, tenant won the case as a result of a court-ordered agreement that was completely in tenant's favor. Tenant could get attorney's fees because he had to bring a court case to force landlord's compliance with the Housing Maintenance Code.

Rosario v. 288 St. Nicholas Realty: NYLJ, p. 27, col. 4 (5/11/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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