Tenant Can't Get Prejudgment Interest

April 30, 2003

LVT Number: 16494

Facts: Rent-stabilized tenant sued landlord for a rent overcharge. The court ruled for tenant and awarded him attorney's fees. Tenant asked for prejudgment interest on the amount of attorney's fees awarded. Tenant claimed he should get interest for the period of time between the court's ruling that there was an overcharge and the later ruling that tenant was entitled to attorney's fees under the Rent Stabilization Code. Court: Tenant loses. The fees didn't accrue until the attorney's work was completed.

Facts: Rent-stabilized tenant sued landlord for a rent overcharge. The court ruled for tenant and awarded him attorney's fees. Tenant asked for prejudgment interest on the amount of attorney's fees awarded. Tenant claimed he should get interest for the period of time between the court's ruling that there was an overcharge and the later ruling that tenant was entitled to attorney's fees under the Rent Stabilization Code. Court: Tenant loses. The fees didn't accrue until the attorney's work was completed. Most of the attorney's work was done after the court ruled that there was an overcharge. Prejudgment interest would be a windfall for tenant.

Negron v. Goldman: NYLJ, 4/16/03, p. 19, col. 3 (Civ. Ct. NY; Kern, J)

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