Landlord Harassed Tenant by Failing to Provide Adequate Heat

Tenant, who received Section 8 vouchers, sued landlord in an HP action in December 2021 for housing code violations and harassment. Landlord failed to appear at a follow-up court date, and the court issued a Default Order to Restore Heat. The order reserved tenant's right to seek civil penalties and restore her harassment claims. In March 2022, tenant asked the court for a civil contempt order because landlord still hadn't restored her heat. The court held an inquest where tenant testified about the apartment conditions, their effect on her and her children, and that her landlord threatened to turn off her utilities in 2021. The court held landlord in civil contempt, finding that tenant's testimony established that she and her children were prejudiced by landlord's willful disobedience of the Default Order. The court also found that landlord engaged in harassment because tenant demonstrated landlord's intent to cause tenant to vacate the apartment by failing to provide adequate heat.

Lucas v. Forlader: Index No. 308904, 2022 NY Slip Op 50650(U), NYLJ No. 1658260208 (Civ. Ct. Queens; 7/12/22; Guthrie, J)