Appeals Court Reinstates Tenants' Dismissed Harassment Claim

Tenants sued landlord, claiming harassment, nuisance, and intentional infliction of emotional distress. The court granted landlord's request to dismiss the case without trial. Tenants appealed, and the case was reopened. Tenant's complaint stated a cause of action for harassment under NYC Admin. Code Section 27-2005(d) and 27-2115(m). Tenant claimed that landlord failed to provide essential services, including electricity, water, heat, and ventilation, resulting in Housing Maintenance Code violations. Tenant also claimed that these failures were calculated to, and did cause, tenants to vacate their apartment. The fact that tenants didn't state a specific violation arising from apartment conditions in their court papers didn't matter. The existence or absence of a violation can be determined in pre-trial questioning. The claims for nuisance and intentional infliction of emotional distress also were reinstated. The case was sent back to the trial court.

Carlson v. Chelsea Hotel Owner, LLC: 2022 NY Slip Op 01117, NYLJ 2/25/22, p. 18 col. 4 (App. Div. 1 Dept.; 2/22/22; Renwick, JP, Kennedy, Scarpulla Rodriguez, Higgitt, JJ)