Tenant Gets Fees for Habitability Claim

April 30, 2000

LVT Number: 14041

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court gave tenant a 50 percent rent abatement. Tenant then asked for attorney's fees. The court ruled for tenant and awarded him $4,625 in attorney's fees. Landlord appealed and lost. In light of the amount of the rent abatement, tenant was the prevailing party in the case and was entitled to attorney's fees. And the amount of attorney's fees actually awarded was much less than requested and was reasonable.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court gave tenant a 50 percent rent abatement. Tenant then asked for attorney's fees. The court ruled for tenant and awarded him $4,625 in attorney's fees. Landlord appealed and lost. In light of the amount of the rent abatement, tenant was the prevailing party in the case and was entitled to attorney's fees. And the amount of attorney's fees actually awarded was much less than requested and was reasonable.

Reads Ventures Corp. v. Lukowsky: NYLJ, 4/3/00, p. 25, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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