Court Dismisses Tenants' Harassment Claims

Tenants sued landlord in an HP proceeding and claimed harassment. In June 2021, the court set the matter down for a two-day trial concerning the harassment claims. On the first trial date, July 26, 2021, tenants said that they weren't ready for trial but that they wished to make a motion for summary judgment.

The court ruled against tenants and dismissed their harassment claims. The court discussed at length the "new" housing court system that had been in place since 2018, and that gave litigants more flexibility than the old system by scheduling trial dates in advance so that the parties could be ready after a case wasn't settled or decided in the court's resolution part. Under the old system, landlords and tenants were sent out to Part X for immediate trial after proceedings in a resolution part were completed, without knowing whether the case would actually go forward to trial on that date. The court pointed out that for a litigant, who had the advantage of the new system to be certain about their trial date, not to be ready for trial on that date, overly burdened the court system.

11-15 New Montrose Ave. Tenant Ass'n v. 11-15 New Montrose Ave. HDFC: Index No. 301035/2021, 2021 NY Slip Op 50692(U)(Civ. Ct. Kings; 7/26/21; Stoller, J)