Landlord Must Pay $21,000 for Failing to Provide Cooking Gas for Two Years

August 24, 2022

LVT Number: #32198

Tenants sued landlord in an HP proceeding, claiming harassment in violation of Housing Maintenance Code (HMC) Section 27-2004(a)(48). Tenants asked the court to rule in their favor without a trial, arguing there was no issue of fact. The court ruled for tenants and issued a finding of harassment and a "C" violation for the tenants' apartments. The court also imposed fines on landlord. Landlord was ordered to pay HPD $14,000, representing $2,000 for each apartment. Landlord was also ordered to pay each tenant $1,000, for a total of $7,000 in compensatory damages.

Tenants sued landlord in an HP proceeding, claiming harassment in violation of Housing Maintenance Code (HMC) Section 27-2004(a)(48). Tenants asked the court to rule in their favor without a trial, arguing there was no issue of fact. The court ruled for tenants and issued a finding of harassment and a "C" violation for the tenants' apartments. The court also imposed fines on landlord. Landlord was ordered to pay HPD $14,000, representing $2,000 for each apartment. Landlord was also ordered to pay each tenant $1,000, for a total of $7,000 in compensatory damages. The court didn't award punitive damages. The court found that landlord failed to repair various HPD violations at the building in a timely manner, and failed to provide cooking gas service, which was an essential service, for two years. 

11-15 New Montrose Ave. Tenant Assoc. v. 11-15 New Montrose Ave. HDFC: Index No. 309338/21, 2022 NY Slip Op 32615(U)(Civ. Ct. Kings; 7/22/22; Smith, J)

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