Landlord Who Harassed Tenant Must Pay Fines and Punitive Damages
LVT Number: #31219
Building tenants sued landlord to obtain correction of outstanding violations. They also claimed harassment by landlord. In November 2019, the parties signed a consent order in court for correction of the violations but left the harassment claims unresolved. By December 2020, all tenants except one had settled and discontinued their harassment claims with landlord.
After a trial, the court ruled for the remaining tenant, who proved harassment. Tenant showed there were ceiling leaks throughout her apartment dating back to at least 2015, reporting in Class "B" hazardous violations reported on ten separate dates between 2015 and 2020. Landlord also failed to prove that the conditions related to the roof had ever been corrected or corrected properly, and HPD continued to place violations arising out of a defective roof through 2020. New violations for the same or similar conditions were even placed after landlord claimed to have fixed the roof. Tenant also proved that landlord repeatedly failed to provide hot water, which was an essential service, at various times since 2012. In response, landlord's testimony lacked detail and was unsupported. Tenant also established harassment under HMC Section 27-2004(b-3) because landlord repeatedly submitted false certifications to HPD. HPD's Closed Violation Summary Report alone listed 23 separate violations in the apartment that were falsely certified since March 2015.
The court imposed civil penalties of $9,000 for harassment since landlord's consistent failure to correct hazardous conditions and provide essential services, as well as its falsification of certifications, substantially interfered with and disturbed tenant's comfort, repose, peace, and quiet. The court also awarded tenant $1,000 in compensatory damages. In addition, the court assessed $10,000 in punitive damages against landlord. The court also granted tenant attorney's fees, in an amount to be determined at a hearing.
351-359 E. 163rd St. Tenants Assoc. v. East 163 LLC: Index No. 31720/2019, 2021 NY Slip Op 50055(U)(Civ. Ct. Bronx; 1/21/21; Ibrahim, J)