Roof Leak Didn't Cause Harassment or Intentional Infliction of Emotional Distress

Rent-stabilized tenant sued landlord, claiming willful refusal to fix a damaged roof and repeated water leaks into her apartment and the adjoining corridor. Tenant claimed that these acts resulted in intentional infliction of emotional distress, harassment, nuisance, and breach of the warranty of habitability. Landlord argued that tenant's claims were groundless and asked the court to dismiss the case without trial.

The court ruled for landlord in part. The facts didn't establish extreme and outrageous conduct by landlord that would give rise to a claim for intentional infliction of emotional distress claim. Also, New York didn't recognize a common-law cause of action for harassment. Tenant also failed to present facts that indicated landlord's acts or omissions either caused or intended to cause her to vacate the apartment. Tenant's court papers set forth a list of claimed defects but said nothing about any claimed impact on her use and enjoyment of the premises. The court rejected tenant's claims that ugly wires, dirty elevators, and construction noise rose to the level of a private nuisance. Landlord already had signed a settlement agreement with tenant that gave her a rent abatement for breach of the warranty of habitability. To the extent that any of the ongoing conditions weren't covered in that agreement, tenant could restate those claims in amended court papers within 30 days.

Barros v. Chelsea Hotel Owner LLC: 2020 NY Slip Op 33643(U), NYLJ No. 1605044830 (Sup. Ct. NY; 11/2/20; Kotler, J)