Hearing on Sanctions Ordered

Facts: Landlord sued to evict rent-controlled tenant's daughter after tenant died, claiming that the apartment was decontrolled. Tenant's daughter proved she was entitled to pass-on rights because she'd lived in the apartment with tenant for eight years before tenant died. Tenant asked the court to impose sanctions against landlord for frivolous and harassing conduct. Court: Tenant wins, and a hearing is required to determine the amount of costs and sanctions to be awarded. By law, landlord's court action could be found frivolous if it was completely without merit, was done primarily to delay resolution of legal issues or to harass tenant, or contained false claims. The history of landlord's actions supported tenant's claim. After landlord bought the building in 1992, he sued to evict tenant's daughter for nuisance. Landlord never pursued this case. Landlord then sued to evict tenant's daughter in 1993 for nonpayment of rent. In the nonpayment petition, landlord stated that the apartment was rent-controlled. The case was dismissed. Landlord then advised tenant's daughter that her monthly rent was being increased from $275 to $975, and that she would be evicted if she didn't pay. Landlord later sent another letter increasing the rent demand to $1,500 per month. In 1995 tenant's daughter filed a DHCR harassment complaint against landlord. Landlord didn't appear for a conference before a hearing officer. In 1996 landlord sued to evict tenant's daughter, claiming that the building was decontrolled. The case was later discontinued. The DHCR harassment unit had sent landlord a warning letter that the apartment was rent-controlled.

Wlizlo v. Guich: NYLJ, p. 23, col. 2 (1/6/98) (Civ. Ct. Kings; Rodriguez, J)