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Re: Rent Control Laws: legal fees

Posted by Mickey on August 23, 2001 at 06:59:13:

In Reply to: Re: Rent Control Laws: legal fees posted by Sam on August 19, 2001 at 23:02:30:

: : 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).


: 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:



: 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.

: * * *


: 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.

: * * *



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