Tenant Gets Fees in Primary Residence Case

February 1, 1994

LVT Number: 8499

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The trial court and appeals court ruled that the daughter could stay in the apartment as tenant. Landlord then appealed the court's ruling awarding tenant attorney's fees. The court ruled against landlord. The parents' original 1962 lease contained a standard attorney's fees clause. The clause gave landlord a right to attorney's fees; so, tenants had a reciprocal right. And, the lease clause was consistent with the rent control law.

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The trial court and appeals court ruled that the daughter could stay in the apartment as tenant. Landlord then appealed the court's ruling awarding tenant attorney's fees. The court ruled against landlord. The parents' original 1962 lease contained a standard attorney's fees clause. The clause gave landlord a right to attorney's fees; so, tenants had a reciprocal right. And, the lease clause was consistent with the rent control law. The appeals court sent the case back to the trial court to figure out the amount of attorney's fees due to tenant.

Duell v. Condon: NYLJ, p. 26, col. 5 (1/31/94) (App. Div. 1 Dept.; Murphy, PJ, Kupferman, Ross, Rubin, Nardelli, JJ)

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