No Attorney's Fees for Landlord

February 11, 2013

LVT Number: #24621

Tenant brought an HP proceeding in housing court to force repairs. Tenant claimed that noise coming from the boiler directly beneath her apartment created a violation. Landlord asked the court to dismiss the case and award attorney's fees since the condition was cured. The court dismissed the case but gave landlord no attorney's fees. Tenant appealed and lost. Trial testimony, including that of landlord's acoustic expert, showed that the noise violation had been corrected before the trial and that the sound levels in tenant's apartment didn't violate the Building Code.

Tenant brought an HP proceeding in housing court to force repairs. Tenant claimed that noise coming from the boiler directly beneath her apartment created a violation. Landlord asked the court to dismiss the case and award attorney's fees since the condition was cured. The court dismissed the case but gave landlord no attorney's fees. Tenant appealed and lost. Trial testimony, including that of landlord's acoustic expert, showed that the noise violation had been corrected before the trial and that the sound levels in tenant's apartment didn't violate the Building Code. Landlord had performed significant work in the boiler room and remedied the condition. But landlord wasn't entitled to attorney's fees since tenant had to resort to commencing the HP proceeding to compel landlord to cure the violation.

Abrams v. 4-6-8 LLC: Index No. 397/2012, NYLJ No. 1202583728768 (App. T. 1 Dept.; 1/8/13)

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