Tenants Who Prevail in Evictions Can Collect Legal Fees
Tenants who successfully fight off eviction efforts in holdover proceedings are entitled to the attorney fees they incur retaining their units, the state Court of Appeals decided unanimously Thursday in a decision written by Judge Jenny Rivera.
February 20, 2015 at 05:00 AM
6 minute read
ALBANY – Tenants who successfully fight off eviction efforts in holdover proceedings are entitled to the attorney fees they incur retaining their units, the state Court of Appeals decided unanimously Thursday.
The court said Real Property Law §234, by allowing landlords to collect fees they spend in retaking possession of apartments by re-renting the units, carries with it a reciprocal right of recovery for the tenant.
Judge Jenny Rivera (See Profile), writing for the 5-0 court in Graham Court Owner's Corp. v. Taylor, 18, said the court's interpretation of the law is in keeping with the purpose behind RPL §234, which she said is to level the playing field between tenants and landlords and to allow disputes between the two to be resolved quickly and without undue expense.
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