Landlord Harassed Tenant Through Groundless Eviction Proceedings

Tenant sued landlord and HPD in an HP proceeding, seeking an order to correct violations and a finding of harassment by the landlord. The trial court ruled in tenant's favor.

First, tenant argued that landlord had harassed him through repeated failures to correct violations. However, the court found no harassment in connection with violations since tenant didn't give landlord notice of the violations. And tenant admitted that landlord corrected violations under the court's order to correct. The court also noted that a tenant can't obtain a rent abatement when tenant doesn't give landlord notice of the conditions.

However, landlord's pursuit of an eviction judgment against tenant in two separate matters on the incorrect ground that an HPD Vacate Order applied to the apartment amounted to harassment. The Vacate Order plainly ordered the evacuation of the "rear" of the building's basement level. Tenant's apartment was in the front of the building's basement level. The Housing Maintenance Code defines "harassment" in part as repeated commencement of baseless or frivolous court proceedings. Landlord also had constructed an obstruction by placing a wall behind an exit door, although it was removed within two to three days.

The court awarded civil penalties payable to HPD in the amount of $2,500. The court also awarded tenant $1,000 in compensatory damages, and $1,500 in punitive damages. Tenant also was entitled to attorney's fees, in an amount to be determined by the court. The court directed HPD to place a "C" violation on the premises for harassment. 

Tezca v. Chery: Index No. 305012/2021, 2022 NY Slip Op 30530(U)(Civ. Ct. Kings; 3/1/22; Stoller, J)