Tenants Get Fees for Warranty of Habitability Claim

Facts: Tenants sued landlord for breach of the warranty of habitability. The court ruled for tenants and then held a hearing to determine the amount of attorney's fees tenants should get. Tenants sought over $167,000 in fees. Landlord claimed that tenants didn't incur the fees. And, in any event, landlord pointed out that tenants were awarded only $30,000 for their claim of breach of the warranty of habitability. Landlord claimed tenants should be limited to attorney's fees equaling one third of that amount. Court: Tenants win. Tenants were entitled to reasonable attorney's fees and expenses because landlord didn't comply with the warranty of habitability. There was no specific percentage limit. Tenants' attorney hadn't collected fees but had apparently agreed to have fees set by the court if tenants won the case. Tenants would also get the fee for the hearing. The court awarded tenants attorney's fees of $166,000, disbursements of $3,400, and statutory costs of $3,700.

Senfeld v. I.S.T.A. Holding Co., Inc.: NYLJ, p. 21, col. 5 (8/16/95) (Sup. Ct. NY; Crane, J)