Tenants Get Fees for Eviction Case

November 1, 1999

LVT Number: 13610

Loft tenants sued landlord, seeking a ruling that they were rent stabilized and had been overcharged. Landlord then sued to evict tenants. The court actions were combined and the court ruled for tenants without a trial. Tenants then asked for attorney's fees. The court ruled for tenants. Tenants' leases provided for attorney's fees if landlord won the case. By law, tenants were also entitled to attorney's fees if they won the case. Landlord argued that there still hadn't been a final ruling on the overcharge issue.

Loft tenants sued landlord, seeking a ruling that they were rent stabilized and had been overcharged. Landlord then sued to evict tenants. The court actions were combined and the court ruled for tenants without a trial. Tenants then asked for attorney's fees. The court ruled for tenants. Tenants' leases provided for attorney's fees if landlord won the case. By law, tenants were also entitled to attorney's fees if they won the case. Landlord argued that there still hadn't been a final ruling on the overcharge issue. But tenants could get attorney's fees now because they had won on the eviction issue.

Tan Holding Corp. v. Wallace: NYLJ, p. 27, col. 4 (10/13/99) (Civ. Ct. NY; Hoffman, J)

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