Landlord Who Removed Terrace Screen in Apartment Harassed Tenant

Tenant brought an HP proceeding in housing court, claiming that landlord had harassed her. She also asked for a restraining order and restoration of a terrace screen outside her apartment. She claimed that landlord removed the screen from her terrace after prior landlord had approved its installation. Landlord argued that the screen was removed in order to comply with Admin. Code Section 27-2007(c) and that the screen obstructed access to the building's fire escapes.

The court ruled for tenant, finding that landlord engaged in behavior that harassed her under the Housing Maintenance Code. There was no proof that tenant's terrace screen blocked or interfered with access to the fire escape or that the terrace screen had a glass-framed door. Landlord also showed a pattern of continued assertions of "unreal facts." The court gave landlord 35 days to restore the screen, and ordered it to pay HPD $2,000 in civil penalties and to pay tenant $1,000 in compensatory damages.

Pagan v. 57 Elmhurst LLC: Index No. HP52/20, 2022 NY Slip 50408(U), NYLJ No. 1653372576 (Civ. Ct. Queens; 4/8/22; Sanchez, J)