Judge Sabrina Kraus
Petitioner Masaryk Towers Corp., sued Section 8 tenant Castro in this nonpayment action for tenant’s alleged failure to pay rent due. Masaryk issued a five day rent demand alleging $2,164.92 was due for August and September 2012.Tenant filed an answer alleging she paid all rent due and any balance was due from Section 8. Masaryk later orally moved to discontinue the proceeding with prejudice acknowledging Castro owed no rent. The court found it was uncontested Castro owed no rent, and she owed no rent when the demand was made, ruling petitioner improperly sued Castro for increases and fuel charges that were not due from Castro, but from Section 8. It concluded Castro was the prevailing party in this proceeding, noting the parties’ lease provided for attorney fees and found Castro was entitled to attorney fees as the prevailing party under Real Property Law §234. The court noted the fact Castro was represented by the Legal Aid Society did not preclude her application for fees, stating §234 was enacted to deter landlords from engaging in the practice of bringing meritless eviction proceedings, such as here. Thus, it restored the proceeding to the calendar for a hearing to determine reasonable attorney fees to be awarded Castro.