Tenant Gets Fees for Owner Occupancy Case

LVT Number: 10016

Landlord sued to evict rent-stabilized tenant to recover the apartment for her own use and occupancy. In lengthy proceedings, the trial court ruled for landlord, but two appeals courts reversed and ruled for tenant. Tenant then asked for attorney's fees. Landlord claimed that the attorney's fees clause was in the renewal lease because it wasn't in the original lease between landlord and tenant. The court ruled for tenant. The clause could be added to expand tenant's rights.

Landlord sued to evict rent-stabilized tenant to recover the apartment for her own use and occupancy. In lengthy proceedings, the trial court ruled for landlord, but two appeals courts reversed and ruled for tenant. Tenant then asked for attorney's fees. Landlord claimed that the attorney's fees clause was in the renewal lease because it wasn't in the original lease between landlord and tenant. The court ruled for tenant. The clause could be added to expand tenant's rights. Also, even if there was no specific lease provision concerning attorney's fees, landlord had previously requested attorney's fees in this case. So tenant was entitled to fees under the mutual obligation provision of Real Property Law, section 234.

Nestor v. Britt: NYLJ, p. 26, col. 5 (9/13/95) (Civ. Ct. NY; Malatzky, J)