Landlord Gets $2,000 Penalty and "C" Violation for Harassing SRO Tenant

Landlord sued to evict rent-stabilized SRO tenant for nonpayment of rent. The court dismissed landlord's claim at trial based on landlord's default, but considered the counterclaims raised in tenant's answer. The court granted tenant a rent abatement based on breach of the warranty of habitability in the amount of 15 percent for a 30-month period based on severely cracked plaster and peeling paint on the walls and ceilings throughout the apartment, crumbling mortar on the exposed brick wall in the living room, defective flooring, infestations of mice and cockroaches, and a nonworking stove and oven. In the building's common areas there was exposed electrical wiring, defective flooring in the stairs and landings, cracked plaster, and peeling paint on the walls and ceilings. Landlord had notice of these conditions. The court dismissed tenant's rent overcharge claim because landlord never collected rent in excess of the legal regulated rent. The court also found that landlord harassed tenant in violation of NYC Admin. Code 27-2005(d) by threatening to cut the chain on tenant's bicycle and slash the tires, misrepresenting tenant's rent stabilization status on a DOB alteration application, and failing to comply with NYC Admin. Code Section 27-2004(a)(48)(f-2) when offering tenant a buyout. The court ordered that a "C" violation be placed on the building based on landlord's harassment of tenant and imposed a $2,000 penalty.

Dani Lake LLC v. Torres: 64 Misc.3d 1231(A), 2019 NY Slip Op 51383(U) (Civ. Ct. Bronx; 8/13/19; Lutwak, J)