ATTORNEY'S FEES

Tenant Gets Attorney's Fees After Landlord Discontinues Eviction Proceeding

December 14, 2021    

Landlord sued to evict tenant for a lease violation based on tenant's failure to install rugs and padding in his apartment, which created noise that disturbed other tenants. Landlord later asked the court's...

Tenant Gets Attorney's Fees After Landlord Withheld Sublet Consent in Bad Faith

December 14, 2021    

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court ruled against landlord, finding that tenant complied with Real Property Law (RPL) Section 226-b(2) by requesting to sublet her apartment...

HomeAway Gets $595K in Attorney's Fees in Challenge to Short-Term Rental Law

April 23, 2021    

HomeAway.com, Inc., a "home-sharing platform" that covered short-term rental of apartments in NYC, sued the City of New York in 2018 to challenge a new local law that required companies such as HomeAway and...

Landlord Gets Attorney's Fees for Counterclaims Based on Apartment Damage

April 23, 2021    

Former tenant sued landlord for return of apartment security deposit and claimed that landlord improperly commingled the security deposit in violation of General Obligations Law (GOL) Section 7-103. Landlord, in turn...

Court Denies Tenant Attorney's Fees After Landlord Discontinues Case

February 24, 2021    

Landlord sued to evict tenant but asked the court for a discontinuance of the proceeding after pretrial discovery raised questions about the nature of tenant's occupancy. The court agreed and denied tenant's...

Tenants Can't Get Additional Attorneys' Fees from DHCR for PAR

February 22, 2021    

(Decision submitted by Ronald S. Languedoc, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenants.)

Tenants in one apartment claimed...

Lease Didn't Provide for Attorney's Fees

January 26, 2021    

Tenant sued landlord for: (a) a declaratory judgment voiding a settlement in a prior rent overcharge action against prior landlord and determining tenant's lawful rent;; and (b) damages for his claimed overcharge...

Tenant Gets No Attorney's Fees in DHCR Rent Overcharge Proceeding

September 26, 2020    

Rent-stabilized tenant who moved into an apartment in 2010 complained of rent overcharge in 2016. The DRA ruled for tenant in 2018 and ordered landlord to refund $5,384 with triple damages and interest. The DRA then...

Tenant's Legal Aid Attorneys Get $24,000 in Attorney's Fees

May 25, 2020    

Landlord sued to evict rent-stabilized tenant. The court ruled against landlord and ordered landlord to offer tenant a proper renewal lease within 15 days. Tenant later asked the court to hold landlord in contempt...

Successor Tenant Not Entitled to Attorney's Fees

April 27, 2020    

Landlord sued to evict occupant of rent-stabilized apartment who claimed succession rights. The court ruled for the occupant, who then asked the court to restore the proceeding for a hearing on her request for...

1985 Lease Entitles Tenant to Attorney's Fees in Eviction Case

March 23, 2020    

Rent-stabilized tenant asked for attorney's fees as the prevailing party after the court dismissed landlord's holdover eviction proceeding against tenant. The court denied tenant's request for attorney...

Tenant Can't Rely on Nonbinding Lease Agreement to Get Attorney's Fees

August 12, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case but denied tenant's request for attorney's fees. Tenant appealed and lost. Real Property Law...