Landlord Fined $1,500 for Harassing Apartment Occupant

Landlord of low-income housing supervised by HPD sued to evict apartment occupant for nonpayment of rent. Occupant asked the court to dismiss the case and claimed harassment by landlord. The court ruled for occupant and fined landlord $1,500 for harassing occupant by starting repeated, baseless proceedings against him. Tenant, who was occupant's mother, had died in 2014. Occupant was 26 years old and mentally disabled. His aunt was his Article 81 guardian and had moved in with him to care for him. Landlord failed to give occupant a lease, despite repeated requests. So there was no landlord-tenant relationship and occupant never agreed to the rent amount sought by landlord. Occupant also had raised the same defenses in a prior nonpayment nonpayment proceeding that was discontinued. And a nuisance proceeding by landlord against occupant had been dismissed because occupant wasn't a tenant. Landlord should either give occupant a lease as a successor tenant, or deny occupant succession rights and face a likely appeal by occupant.

Tivoli Bi LLC v. Lee, Index No. L&T 51168/2017, NYLJ No. 1202793938377 (Civ. Ct. Kings; 6/30/17; Scheckowitz, J)