Case Type
HP
Housing Type
Other
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-00140 K.C.
Slip Opinion Number
2025 NY Slip Op 50770(U)
Petitioner
LEONEL GOMEZ, ADA HERNANDEZ, IRIS HERNANDEZ, ROSAURA SOSA, GRISELDA UVALDO
Respondent
WILLIAM YANG LLC, XIANG YANG, JANE YANG, NYC DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
Judge
TOUSSAINT, WAVNY; BUGGS, CHEREÉ A.; OTTLEY, LISA S.
Decision/Order Date
2025-07-18
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
The court reversed a Civil Court order regarding the calculation of attorneys' fees in an HP action. The lower court awarded fees based on the rates for 18-b assigned counsel, but the Appellate Term held that legal services organizations are entitled to fees based on the prevailing market rate in the community, regardless of their nonprofit status. The case was remitted to the lower court for a new hearing to determine a reasonable fee award based on the correct standard, citing precedent that nonprofit counsel should be valued the same as private attorneys.
Keywords
Attorneys' Fees; Legal Services/Nonprofit Attorneys' Fees Should be Calculated According to Prevailing Market Rate in the Relevant Community
Recommended Citation
"GOMEZ v. YANG LLC" (2025). All Decisions. 1888.
https://ir.lawnet.fordham.edu/housing_court_all/1888
