Posted by Sam on August 19, 2001 at 23:02:30:
In Reply to: Rent Control Laws posted by Mickey on August 16, 2001 at 07:30:31:
: Where can you find laws governing rent control? Specifically the law that says "if you don't have a lease, you can not collect your cost of lawyer fees when a landlord takes you to court". My landlord has taken me to court FOUR times and has lost all four times. This is great for us but it is has cost us our entire savings to prove our innocence. I need to know if there is any way I can recoup some of my lawyers fees. In 1979, he took me court claiming I wasn't entitled to a rent controlld apt. that I have lived in since 1946. Then in 1999 he said it wasn't my primary residence, took it to Appellate Court and the Court of Appeals and lost. It doesn't cost the landlord anything since he has lawyers on retainers but it has almost put us in the poor house. HELP!
In NY state, both parties pay their own legal fees, unless there's a statute/law or a contract clause that says otherwise. There is no such landlord/tenant law and you don't have a lease (contract).
There is a statute that could have gotten you legal fees: "Part 130
Sanctions" for 'frivolous" legal proceedings. Frivolous here means with false statements or without merit (no real legal reason to base it on).
ADMINISTRATIVE ORDER OF THE
CHIEF ADMINISTRATIVE JUDGE OF THE COURTS
Pursuant to the authority vesting in me, and upon consultation with and with the approval of the
Administrative Board of the Courts, I hereby amend, effective January 1, 1998, Part 130 of the
Rules of the Chief Administrator (22 NYCRR), relating to costs and sanctions, and section
202.16 of the Uniform Civil Rules for the Supreme Court, and the County Court (22 NYCRR),
relating to procedure in matrimonial actions, to read as follows:
PART 130. COSTS AND SANCTIONS
SUBPART 130-1. AWARDS OF COSTS AND IMPOSITION OF
FINANCIAL SANCTIONS FOR FRIVOLOUS CONDUCT
IN CIVIL LITIGATION
Section 130-1.1 Costs; Sanctions
* * *
(c) For purposes of this Part, conduct is frivolous if:
(1) it is completely without merit in law [or fact] and
cannot be supported by a reasonable argument for an
extension, modification or reversal of existing law; [or]
(2) it is undertaken primarily to delay or prolong the
resolution of the litigation, or to harass or maliciously injure
another[.]; or
(3) it asserts material factual statements that are false.
Frivolous conduct shall include the making of a
frivolous motion for costs or sanctions under this section. In
determining whether the conduct undertaken was frivolous,
the court shall consider, among other issues, (1) the
circumstances under which the conduct took place, including
the time available for investigating the legal or factual basis
of the conduct; and (2) whether or not the conduct was
continued when its lack of legal or factual basis was apparent,
[or] should have been apparent [to counsel], or was brought
to the atttention of counsel or the party.
* * *
Section 130-1, 1-a Signing of Papers
(a) Signature. Every pleading written motion, and other paper,
served on another party or filed or sumitted to the court shall be
signed by an attorny, or by a party if the party is not represented
by any attorney, with the name of the attorney or party clearly
printed or typed directly below the signature. Absent good cause
shown, the court shall strike any unsigned paper if the omission of
the signature is not corrected promptly after being called to the
attention of the attorney or party.
(b) Certification. By signing a paper, an attorney or party certifies
that, to the best person's knowledge, information and belief,
formed after an inquiry reasonable under the circumstances, the
presentation of the paper or the contentions therein are not
frivolous as defined in the subsection (c) of section 130-1.1.
Section 130-1.2 Order Awarding Costs or Imposing
Sanctions
The court may [make an] award [of] costs or impose sanctions or
both only upon a written decision setting forth the conduct on
which
the award or imposition is based, the reasons why the court found
the conduct to be frivolous, and the reasons why the court found
the
amount awarded or imposed to be appropriate. An award of costs
or the imposition of sanctions or both shall be entered as a
judgment
of the court. In no event shall the [total] amount of [costs awarded
and] sanctions imposed exceed $10,000 [in any action or
proceeding]
for any single occurrence of frivolous conduct.
* * *
SUBPART 130-2. IMPOSITION OF FINANCIAL SANCTIONS
OR COSTS FOR UNJUSTIED FAILURE TO ATTEND A
SCHEDULED COURT APPEARANCE
Section 130-2.1 Costs; Sanctions
(a) Nothwithstanding and in addition to the provisions of subpart
130-1
of this Part, the court, in its discretion, may impose financial
sanctions or,
in addition to or in lieu of imposing sanctions, may award costs in
the form
of reimbursement for actual expenses reasonably incurred and
reasonable
attorney's fees, upon any attorney who, without good cause, fails
to appear
at a time and place scheduled for an action or proceeding to be
heard
before a designated court. This Part shall not apply to town or
village
courts or to proceedings in a small claims part of any court.
* * *
(c) The court, as appropriate, may impose any such financial
sanctions or
award costs upon an attorney personally or upon a partnership,
firm,
corporation, government agency, prosecutor's office, legal aid
society or
public defender's office with which the attorney is associated and
that has
appeared as attorney or record.
(d) The imposition of sanctions or award of costs may be made
either upon
motion or upon the court's own initiative, after a reasonable
opportunity to
be heard. The form of the hearing shall depend upon the nature
of the
attorney's failure to appear and the totality of the circumstances of
the case.
Section 130-2.2. Order Imposing Sanctions and Costs
The court may impose sanctions or award costs or both only upon
a
written memorandum decision or statement on the record setting
forth
the conduct on which the award or imposition is based and the
reasons
why the court found the attorney's failure to appear at a
scheduled
court appearance to be without good cause. The imposition of
sanctions
or an award of costs or both shall be entered as a judgment of the
court.
In no event shall the total amount of sanctions [or costs] imposed
and
costs awarded exceed $2,500 for any single failure to appear at a
scheduled court appearance.
* * *
CHIEF ADMINISTRATIVE JUDGE OF THE COURTS
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