Employees' Conduct Toward Tenant Doesn't Amount to Harassment

Facts: Former tenant sued landlord in federal court for sexual harassment and illegal eviction. Tenant claimed that several times over a few years, two of landlord's employees made sexually harassing phone calls to her. Another one of landlord's employees asked her for dates on several occasions. She claimed that on one occasion, the employee also made a sexual comment to her in the apartment while making repairs. Tenant was later evicted after landlord got an eviction warrant in housing court. Court: Tenant loses. Tenant's claim that the employee asked her out several times, doesn't, on its own, constitute sexual harassment. Tenant didn't state any facts indicating that there was anything intimidating about the employee's requests. And she didn't say there were any physical advances by the employee. Tenant also didn't indicate how she responded to the employee. A single comment by the employee wasn't enough for a sexual harassment claim. Also, tenant didn't prove the content of the claimed sexually harassing phone calls to her by the other employees. Tenant didn't show that the employees' behavior created a hostile environment or that there was discrimination. With regard to the illegal eviction claim, tenant can't challenge the eviction because it resulted from a housing court case that she didn't appeal.

Rich v. Lubin: NYLJ, 5/28/04, p. 20, col. 1 (SDNY; Griesa, J)