Landlord Gets $30,000 in Attorney's Fees in Pet Case

LVT Number: #25337

Landlord co-op corporation sued to evict tenant shareholder in late 2011 for keeping a dog in violation of the building's rules. Tenant got rid of the dog in early 2012 but filed a complaint with the State Division of Human Rights (DHR) claiming that he needed a dog as a reasonable accommodation for a disability and that landlord discriminated against him. Tenant rejected a settlement offer from landlord that would have allowed him to keep a dog in exchange for dropping the discrimination complaint and paying nominal legal fees.

Landlord co-op corporation sued to evict tenant shareholder in late 2011 for keeping a dog in violation of the building's rules. Tenant got rid of the dog in early 2012 but filed a complaint with the State Division of Human Rights (DHR) claiming that he needed a dog as a reasonable accommodation for a disability and that landlord discriminated against him. Tenant rejected a settlement offer from landlord that would have allowed him to keep a dog in exchange for dropping the discrimination complaint and paying nominal legal fees. The court then ruled for landlord, while the DHR proceeding remained pending. Landlord asked for attorney's fees, claiming that its attorney had spent a number of hours on the case at rates that increased from $450/hour to $490/hour during the years that the case was pending. There also were additional associate attorney and legal assistant costs. The court reduced the hourly rate to $420 since the issue was relatively straightforward, and awarded a total of $30,000 in attorney's fees. 

East River Housing Corp. v. Gilbert: Index No. 52689/12, NYLJ No. 1202637161197 (Civ. Ct. NY; 12/30/13; Stoller, J)