Landlord Didn't Harass Tenant

Tenant sued landlord in an HP housing court proceeding. Tenant sought an order directing landlord to correct apartment conditions and finding that landlord had harassed tenant. Ruling only on the harassment claim, the court found that tenant failed to state a cause of action. Tenant claimed harassment under NYC Admin. Code Section 27-2004(a)(48)(b), saying that she was denied hot water in August 2021. HPD had issued a violation for this condition. But, under the Admin. Code, harassment requires repeated interruptions or discontinuances of essential services, or an interruption or discontinuance of an essential service for an extended duration or of such significance as to substantially impair the habitability of the dwelling unit. Tenant didn't claim that the condition was "repeated" or that the lack of hot water was for either an "extended duration" or that it "substantially impaired" habitability of the apartment. Tenant also alleged that landlord called her and some others "shelter people" in front of other tenants, but this constitutionally protected speech didn't present danger "of some serious substantive evil." Tenant also didn't claim that this was a "repeated" offense. There also was no harassment because landlord's time to correct violations hadn't expired when tenant filed his court petition. The harassment claim was dismissed, and the case was set down for a conference on any remaining issues.

Serrano v. Paredes: Index No. 311336/2021, 2021 NY Slip Op 51148(U)(Civ. Ct. Bronx; 12/8/21; Ibrahim, J)