Opinion
570337/09.
Decided August 13, 2010.
Landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated November 14, 2007, which denied its application for entry of a final judgment for attorney's fees in a nonpayment summary proceeding.
Order (Jean T. Schneider, J.), dated November 14, 2007, insofar as appealed from, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Shulman, J.
The award of attorney's fees in favor of the HDFC cooperative landlord was properly embodied in a nonpossessory money judgment, and this even if landlord's submissions were sufficient to demonstrate that such fees were denominated as additional maintenance or rent in the parties' proprietary lease agreement ( see Matter of Binghamton Hous. Auth. v Douglas, 217 AD2d 897; Port Chester Hous. Auth. v Turner, 189 Misc 2d 603). Landlord's argument notwithstanding, the definitional term "rent" set forth in the applicable Federal public housing statute — "the charges under the occupancy agreements between . . . members [of a cooperative] and the cooperative" ( 42 USC § 1437f[f][2]) — cannot be read so broadly as to encompass a nonrent item of inchoate amount such as attorney's fees. In any event, landlord effectively waived any entitlement it may have had to recover attorney's fees in the form of a possessory judgment when it stipulated to settle its underlying maintenance claims upon the entry of a final judgment against tenant, without expressly reserving its rights, if any, to enforce its contemplated claim for attorney's fees via a second possessory judgment ( see generally Amalgamated Dwellings, Inc. v Blutreich, 69 AD3d 486).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.