Tenant Gets Attorney Fees in Preferential Rent Case

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant had to pay the legal regulated rent upon lease renewal. Tenant argued that his initial lease gave him a preferential rent for the entire term of his tenancy, without limitation. While the case was pending, landlord conceded that tenant was entitled to pay the preferential rent. Tenant then asked for attorney's fees. Landlord argued that tenant still owed back rent and therefore wasn't the prevailing party. The court ruled for tenant. Tenant prevailed on the central issue concerning the preferential rent. Tenant was now ready to pay any outstanding rent since the issue was resolved and there was no reason for landlord to start a new nonpayment proceeding. Tenant was entitled to reasonable attorney's fees.

Savoy Park Owner LLC v. Phillips: NYLJ, 12/19/07, p. 29, col. 3 (Civ. Ct. NY; Martino, J)