Appeals Court Reinstates Tenants' Claims of Harassment and Assault by Landlord

Tenants appealed a court's denial [see LVT #31340] of their claims against landlord for harassment, nuisance, assault, and breach of the warranty of habitability. The appeals court ruled for tenants and reversed the lower court's findings. The appeals court found that, if tenants proved the claimed conditions, the landlord's actions amounted not to mere annoyances but affected their health, safety, or welfare. Landlord's principal made express or implied threats that force would be used against the tenants when, for example, he screamed an expletive at tenant, spat in her face, and "encroached further upon her" while screaming the curse words. Tenants were entitled to a trial in connection with their claims.

Berg v. Chelsea Hotel Owner LLC: Index No. 654748/20, App. No. 15491-15491A, Case No. 2021-01111, 2021-03727, 2022 NY Slip Op 01511 (App. Div. 1 Dept.; 3/10/22; Manzanet-Daniels, JP, Mazzarelli, Gonzalez, Shulman, Rodriguez, JJ)