Tenant Abused by Assigned Roommate

Landlord operated a not-for-profit residence for low-income elders, people with AIDS, and others in the arts. Most of the apartments were shared; roommates were assigned by landlord. After prior tenant complained to no avail that his 45-year-old musician roommate was violent, made noise all night, ran the shower constantly, and caused water to pool on the bathroom floor, he moved out. Landlord then assigned tenant to the apartment. Tenant was 65 years old, had work with an arts organization, and had no criminal record. He soon also complained about the roommate, but landlord did nothing until things escalated to the point that tenant was arrested after the roommate told police that tenant had pointed a knife at him. The charges were dropped, and tenant moved out shortly thereafter. Tenant then sued landlord, claiming a breach of the covenant of quiet enjoyment and the warranty of habitability. Tenant said he was constructively evicted from the common areas of the apartment from the time he moved in, and eventually from the entire apartment. Tenant sought a refund of the rent he paid for nine months, plus punitive damages. The court ruled for tenant. Landlord was aware of prior tenant's complaints when landlord showed tenant the apartment. Tenant complained a number of times about the roommate's harassing behavior, and landlord did nothing. The police were called to the apartment at least six times while tenant and prior tenant lived in the apartment. A reasonable landlord should have readily foreseen the risk in the situation and heeded tenant's requests for assistance and transfer to another apartment. The roommate was known to have acted aggressively in the past and was trying to avoid having anyone else occupy the apartment. Tenant was entitled to a refund of 90 percent of the rent he paid for the nine months he occupied the apartment. Landlord also breached the warranty of habitability once it was on notice of the roommate's behavior toward tenant. On this basis, tenant also was entitled to an abatement of one third of the rent he paid. For failing to separate tenant from the roommate, the court awarded $8,500 in punitive damages, equal to double the damages for the breach of the covenant of quiet enjoyment. Total damages were $13,000.

Cameron v. Aurora Associates, LP: NYLJ, 4/10/08, p. 19, col. 1 (Civ. Ct. NY; Jaffe, J)