Landlord Must Pay $2,000 to HPD for Harassing Tenant

Landlord sued to evict rent-stabilized tenant for refusing to renew her expired lease. Almost immediately after a trial started, landlord asked to discontinue the case because it couldn't make out all the elements of a prima facie case. The court granted the request, and the trial continued only to consider tenant's counterclaim of harassment.

After trial, the court ruled for tenant, finding that landlord engaged in an ongoing course of conduct meant to interfere with or disturb the comfort, repose, peace, or quiet of tenant in the apartment and intending to deprive her of her rights as a rent-stabilized tenant. Landlord bought the building in April 2018 and immediately wrote to tenant in an adversarial and threatening manner. Among other things, landlord tried to get tenant to sign a lease renewal with a $26 monthly fee for an air conditioner that landlord didn't provide to tenant in the building where electricity wasn't included in tenant's rent. Landlord made it seem that repairs required based on HPD violations wouldn't be made unless tenant signed off on paying for apartment improvements. Landlord also changed the building lock without giving tenant a new key and didn't give tenant a proper lease renewal offer. The court imposed penalties totaling $2,000 based on landlord's harassment of tenant, payable to HPD.

Hilltop 161 LLC v. Philbert: 62 Misc.3d 1212(A), 2019 NY Slip Op 50121(U) (Civ. Ct. NY; 1/28/19; Kraus, J)