No Fees to Tenant for Warranty of Habitability Claim

April 30, 2002

LVT Number: 15760

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord over $13,000 in back rent. The court also gave tenant a $745 rent abatement for breach of the warranty of habitability. Tenant then asked for attorney's fees. The court ruled against tenant. Tenant appealed and lost. Tenant's rent abatement was for 5 percent of the rent owed. The court's ruling wasn't substantially in tenant's favor. Tenant wasn't entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord over $13,000 in back rent. The court also gave tenant a $745 rent abatement for breach of the warranty of habitability. Tenant then asked for attorney's fees. The court ruled against tenant. Tenant appealed and lost. Tenant's rent abatement was for 5 percent of the rent owed. The court's ruling wasn't substantially in tenant's favor. Tenant wasn't entitled to attorney's fees.

Conthur Development Co. v. Aagaard: NYLJ, 4/16/02, p. 18, col. 1 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

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