Tenant Can't Get Attorney's Fees in HP Case

January 13, 2013

LVT Number: #24549

Tenant brought an HP proceeding against landlord, seeking correction of building violations and conditions. The trial court dismissed the case and awarded landlord $93,000 in attorney's fees. Tenant appealed and won in part. The trial court reasonably dismissed the HP proceeding.  Evidence showed that landlord did significant work in the boiler room, that the noise emanating from the boiler directly beneath tenant's ground-floor apartment had been corrected prior to trial, and the sound levels in tenant's apartment didn't violate the Building Code.

Tenant brought an HP proceeding against landlord, seeking correction of building violations and conditions. The trial court dismissed the case and awarded landlord $93,000 in attorney's fees. Tenant appealed and won in part. The trial court reasonably dismissed the HP proceeding.  Evidence showed that landlord did significant work in the boiler room, that the noise emanating from the boiler directly beneath tenant's ground-floor apartment had been corrected prior to trial, and the sound levels in tenant's apartment didn't violate the Building Code. But the appeals court revoked the attorney's fees award. Tenant had to start legal proceedings to compel landlord to correct the conditions, and it took landlord many months to cure the violation. But tenant didn't deserve attorney's fees either since she pursued and prolonged the proceeding, long after the condition was cured. 

Abrams v. 4-6-8 LLC: 38 Misc.3d 127(A), 2012 NY Slip Op 52345(U) (App. T. 1 Dept.; 12/21/12; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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