Court Dismisses Tenant's Harassment Claim Against Landlord

Rent-stabilized tenant commenced an HP proceeding against landlord in housing court. Landlord asked the court to dismiss the tenant's harassment claim without trial. The actions tenant complained about in his petition mainly concerned the actions of another tenant. The petition complained about noise from the apartment upstairs. Tenant claimed that the upstairs tenant was the building super and that his complaints to the landlord about the upstairs tenant had been ignored. Tenant himself had been the building super until his position was terminated in 2020.

The court ruled for landlord and dismissed the complaint. Landlord submitted sworn statements from upstairs tenants who disputed the noise claims and also disputed that they were agents or employees of the landlord. Landlord argued that a building owner can't be held responsible under the HMC harassment provisions for the actions of fellow tenants. And even if one of the upstairs tenants worked for landlord, there was no cogent claim that the relationship between landlord and the upstairs tenant extended to any actions by that tenant and his wife in their own apartment, or that landlord's failure to abate the noise was an omission covered by the harassment law. Nothing supported tenant's claim that landlord and the upstairs neighbor were acting in collusion. 

Alibasic v. Leonardo Realty Corp.: Index No. HP6159/21, 2022 NY Slip Op 50191(U)(Civ. Ct. Queens; 3/10/22; Guthrie, J)