No Fees to Tenant for Court Case Challenging DHCR Ruling

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. After the court ruled against landlord, tenant sued landlord in civil court to recover attorney's fees she spent in the court case challenging the DHCR ruling. The civil court ruled against tenant. There was no law or lease provision that authorized an award of attorney's fees to tenant in this case. Landlord's court case was against the DHCR, not against tenant. The only reason tenant was involved in the case against the DHCR was that she asked the court to be made a party.

Evans v. Dunbar Partners: Index No. 016125/02 (Civ. Ct. NY 10/4/02; Kern, J) [7-pg. doc.]