Tenant Can't Get Attorney's Fees for DHCR Case in Housing Court Proceeding

March 8, 2013

LVT Number: #24645

Landlord sued to evict tenant for nonpayment of rent. Tenant asked for attorney's fees after the court ruled against landlord. The court ruled for tenant but later reduced the amount of attorney's fees awarded to tenant. Tenant appealed and lost. Tenant had claimed he should get additional attorney's fees in connection with a DHCR proceeding that was related to the dismissed summary eviction proceeding. But Real Property Law Section 234 only authorized an award of attorneys' fees to tenant in a summary proceeding and didn't apply to the DHCR proceeding. 

Landlord sued to evict tenant for nonpayment of rent. Tenant asked for attorney's fees after the court ruled against landlord. The court ruled for tenant but later reduced the amount of attorney's fees awarded to tenant. Tenant appealed and lost. Tenant had claimed he should get additional attorney's fees in connection with a DHCR proceeding that was related to the dismissed summary eviction proceeding. But Real Property Law Section 234 only authorized an award of attorneys' fees to tenant in a summary proceeding and didn't apply to the DHCR proceeding. 

W.th Street Realty LLC v. Morton: Index No. 9304N33846, 2013 WL 599138 (App. Div. 1 Dept.; 2/19/13; Tom, JP, Moskowitz, Richter, Manzanet-Daniels, Clark, JJ)

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