Tenant Gets $60,000 in Attorneys' Fees in Case Involving Improper Deregulation

Landlord sued tenant, seeking a declaration that his apartment was deregulated. Tenant claimed that he was rent stabilized and had been overcharged. He asked the court to dismiss the complaint, to find a rent overcharge and to award attorney's fees. In 2015, the court ruled that certain apartments in the building were rent stabilized and denied an award of attorneys' fees. The court decision covered several court actions involving other apartments in the same building but omitted mention of tenant's action. In 2016, tenant asked the court to correct the 2015 decision to include him and to compel discovery. The court eventually ruled for tenant and sent the case to a Special Referee to determine the legal regulated rent and any attorney's fees. After various delays and motions were made, the court ultimately awarded tenant $41,070 for rent overcharges and $60,915 in attorney's fees.

Cenpark Realty v. Applbaum: Index No. 152938/2014, 2024 NY Slip Op 30302(U)(Sup. Ct. NY; 1/22/24; Adams, J)