Tenant Gets Fees for Warranty of Habitability Claim

April 30, 1996

LVT Number: 10528

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant, giving him a 33 percent rent abatement. The court also awarded tenant $8,000 in attorney's fees. Landlord appealed. The court ruled against landlord. Since tenant won the case, tenant was entitled to attorney's fees. But the award should be limited to 33 percent of tenant's attorney's fees, to be consistent with the percentage of the rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant, giving him a 33 percent rent abatement. The court also awarded tenant $8,000 in attorney's fees. Landlord appealed. The court ruled against landlord. Since tenant won the case, tenant was entitled to attorney's fees. But the award should be limited to 33 percent of tenant's attorney's fees, to be consistent with the percentage of the rent abatement.

Ieraci v. Gerez: NYLJ, p. 30, col. 3 (4/29/96) (App. T. 2 Dept.; Aronin, JP, Chetta, Patter- son, JJ)

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