Fees Owed Not Considered Rent

January 1, 2002

LVT Number: 15492

Landlord sued to evict loft tenant for illegal subletting. The court ruled for landlord, gave tenant a right to correct the subletting, and awarded landlord $62,000 in attorney's fees as a money judgment. Landlord appealed, claiming that the attorney's fees should be considered ''additional rent'' under tenant's lease and tenant should be subject to eviction if he doesn't pay it. The appeals court ruled against landlord. Tenant corrected the illegal sublet. Attorney's fees shouldn't be considered rent to permit landlord to get a judgment of possession of a regulated apartment.

Landlord sued to evict loft tenant for illegal subletting. The court ruled for landlord, gave tenant a right to correct the subletting, and awarded landlord $62,000 in attorney's fees as a money judgment. Landlord appealed, claiming that the attorney's fees should be considered ''additional rent'' under tenant's lease and tenant should be subject to eviction if he doesn't pay it. The appeals court ruled against landlord. Tenant corrected the illegal sublet. Attorney's fees shouldn't be considered rent to permit landlord to get a judgment of possession of a regulated apartment.

Crystal World Realty Corp. v. Sze: NYLJ, 12/19/01, p. 22, col. 6 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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