15 U.S.C. § 3611

Additional remedies

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(a) Suits at law or equity

Unless otherwise limited as in section 3607 or 3608 of this title, any person aggrieved by a violation of this chapter may sue at law or in equity.

(b) Recovery of actual damages

In any action authorized by this section for a violation of section 3607 or 3609 of this title where actual damages have been suffered, such damages may be awarded or such other relief granted as deemed fair, just, and equitable.

Every person who becomes liable to make any payment under this section may recover contributions from any person who if sued separately, would have been liable to make the same payment.

(d) Amounts recoverable; defendant’s attorneys’ fees

The amounts recoverable under this section may include interest paid, reasonable attorneys’ fees, independent engineer and appraisers’ fees, and court costs. A defendant may recover reasonable attorneys’ fees if the court determines that the cause of action filed by the plaintiff is frivolous, malicious, or lacking in substantial merit.

(Pub. L. 96–399, title VI, § 612, Oct. 8, 1980, 94 Stat. 1679.)

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1987–2022 · leading case: John Doe No. 1 v. Susan L. Burke, 133 A.3d 569 (D.C. 2016).

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John Doe No. 1 v. Susan L. Burke, 133 A.3d 569 (D.C. 2016). · cites it 6× “1993) (per curiam) (under 15 U.S.C. § 3611 (d), relief “may include” reasonable attorney‟s fees, but defendant may recover fees only if plaintiff‟s action was “frivolous, malicious, or lacking in substantial merit”; court concludes that whether to award fees to prevailing…”

Bleecker Charles Co. v. 350 Bleecker Street Apt. Corp., 212 F. Supp. 2d 226 (S.D.N.Y. 2002). · cites it 4× “Plaintiff now moves for the award of attorneys’ fees, as permitted by the Act, 15 U.S.C. § 3611 (d), and for an injunction prohibiting the Co-op from passing along any portion of the fee award to the Sponsor in its capacity as shareholder in the Co-op.”

Park South Tenants Corp. v. 200 Cent. Park South Assocs., L.P., 754 F. Supp. 352 (S.D.N.Y. 1991). · cites it 3× “” 15 U.S.C. § 3611 (b). Such equitable relief may include a court-ordered rent abatement upon the partial termination of a Lease under the Act.”

West 14th Street Com. Corp. v. 5 West 14th Owners Corp., 815 F.2d 188 (2d Cir. 1987). · cites it 2× “II APPLICATION TO INSTANT CASE Applying the above rules to the facts of the present case, we conclude that because one section of the Act, 15 U.S.C. § 3611 , expressly grants plaintiffs the right to bring an action in federal court under § 3607, the provision of the Act that…”

Park South Tenants Corp. v. 200 Cent. Park South Assocs., L.P., 748 F. Supp. 208 (S.D.N.Y. 1990). · cites it 2× “Only upon a determination that an association’s rights under Section 3607 have been frustrated can the Court award damages pursuant to 15 U.S.C. § 3611 . 4 (b) Plaintiffs Right to Terminate a Lease Under Section 3607 Plaintiff’s complaint before the Court is a product of §§ 3607…”

Darnet Realty Assocs. LLC v. 136 East 56th Street Owners, Inc., 214 F.3d 79 (2d Cir. 2000). · cites it 2× “Pursuant to 15 U.S.C. § 3611 (d), 6 the district court awarded fees to Darnet for its success in the actions *87 based on the 1996 notices, and also awarded fees to Owners for its success with respect to the 1998 notices.”

Cast Iron Co. v. Cast Iron Corp., 707 F. Supp. 655 (S.D.N.Y. 1988). “This ruling, which results in a judgment in favor of plaintiff, does not automatically compel the award of fees under the obviously discretionary language of 15 U.S.C. § 3611 (d) (“the amounts recoverable under this section may include .”

181 East 73rd Street Co. v. 181 East 73rd Tenants Corp., 954 F.2d 45 (2d Cir. 1992). “Tenants Corporation argues that the district court’s denial of attorneys’ fees pursuant to 15 U.S.C. § 3611 (d) (1988) was an abuse of discretion.”

605 Park Garage Assocs., LLC v. 605 Apt. Corp., 412 F.3d 304 (2d Cir. 2005). “” 15 U.S.C. § 3611 (d); see also Darnet I, 153 F.”

Meadow Apts. Corp. v. S & H LLC, 2022 NY Slip Op 07158 (N.Y. App. Div. 2022). · cites it 2× “), entered on or about September 15, 2021, which granted defendant's motion to dismiss plaintiff's first, second, and third causes of action, and denied defendant's request for attorneys' fees pursuant to 15 USC § 3611 (d), unanimously modified, on the law, to deny the motion to…”

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