No Harassment of Tenant Found in HP Action

September 27, 2021

LVT Number: #31615

Tenant sued landlord in housing court's HP part, claiming harassment and seeking correction of building violations. The court ruled for tenant. Tenant had lived in the building since 2014, and the building was sold to new landlord in 2015. New landlord disputed whether tenant lawfully resided in the apartment. The court ruled for tenant in part. Since he was lawfully occupying the apartment as an incident of his employment before termination by landlord prior to commencing the HP action, he was authorized by law to commence a proceeding to enforce housing standards.

Tenant sued landlord in housing court's HP part, claiming harassment and seeking correction of building violations. The court ruled for tenant. Tenant had lived in the building since 2014, and the building was sold to new landlord in 2015. New landlord disputed whether tenant lawfully resided in the apartment. The court ruled for tenant in part. Since he was lawfully occupying the apartment as an incident of his employment before termination by landlord prior to commencing the HP action, he was authorized by law to commence a proceeding to enforce housing standards. But the court didn't find that harassment had occurred. The evidence amounted to proof of a "mutually acrimonious relationship" between landlord and tenant, and possibly third parties. 

Lendor v. Moussavi: Index No. L&T 1334/20, 2021 NY Slip Op 50807(U)(Civ. Ct. Kings; 8/23/21; Capell, J)

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