Landlord Who Harassed Tenant Fined $5,000

September 28, 2017

LVT Number: #27939

Landlord sued to evict month-to-month tenant. Tenant claimed retaliatory eviction and harassment. The court ruled for tenant and dismissed the case. Tenant had complained of a lack of heat and essential services and started an HP proceeding against landlord. She also called 311 and police at various times. Landlord changed the locks on the building's front door and, when tenant gained access, discovered that landlord had removed her kitchen appliances. They were never restored. Landlord failed to rebut the presumption of retaliatory eviction at trial.

Landlord sued to evict month-to-month tenant. Tenant claimed retaliatory eviction and harassment. The court ruled for tenant and dismissed the case. Tenant had complained of a lack of heat and essential services and started an HP proceeding against landlord. She also called 311 and police at various times. Landlord changed the locks on the building's front door and, when tenant gained access, discovered that landlord had removed her kitchen appliances. They were never restored. Landlord failed to rebut the presumption of retaliatory eviction at trial. Landlord's deliberate actions also constituted harassment of tenant. The court fined landlord $5,000 in punitive damages.

Emmitt v. Ferrarie: Index No. L&T1202795480607 (Civ. Ct. Bronx; 7/28/17; Breier, J)

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