Landlord Not Responsible for Disputes Among Tenants

Boarding house tenant sued landlord for a refund of rent totaling $3,000 paid for the period between September 2011 and June 2012. Tenant claimed a breach of the warranty of habitability and unacceptable living conditions. At trial, tenant testified that landlord failed to control other tenants who she claimed were harassing her. She made no claim that landlord failed to provide water, heat, light, power, or other services. Tenant presented proof of numerous police reports regarding supposed incidents at the building, but an arrest was made in only one incident and that case was later dismissed. The court ruled against tenant and dismissed the case. Landlord wasn’t a “den mother” who had to make sure that tenants got along with each other.

Freda v. Phillips: 36 Misc.3d 1231(A), 2012 NY Slip Op 51570(U) (Just. Ct. Red Hook; 8/20/12; Treibwasser, J)