Tenant Can Pursue Harassment Claim Against Landlord

Tenant sued landlord, claiming harassment. Landlord asked the court to dismiss the case. He claimed that tenant no longer lived in the apartment and therefore had no standing to sue. Tenant denied that she had moved out and claimed she hadn't surrendered possession of the unit to landlord. The court denied landlord's request to dismiss given the dispute as to whether tenant had moved out. And, even if tenant moved out while the case was pending, she had standing to sue for "injury in fact" and because the relief she sought fell within the zone of interest sought to be protected by the harassment laws.

Francis v. Stein: Index No. 30042/19, NYLJ No. 1586170715 (Civ. Ct. Bronx; 3/23/20; Baum, J)