Tenant Can Sue Landlord in Small Claims Court

August 18, 2015

LVT Number: #26323

Tenant sued landlord in small claims court for $3,300, claiming that landlord’s failure to make proper repairs caused damage to her personal property. The court ruled against tenant, finding that tenant’s claim would be better decided by HPD, the DHCR, or DOB, where tenant also had filed complaints. Tenant appealed, and the case was reopened. Although tenant had filed complaints elsewhere, no coordination between the court action and any administrative proceedings was needed.

Tenant sued landlord in small claims court for $3,300, claiming that landlord’s failure to make proper repairs caused damage to her personal property. The court ruled against tenant, finding that tenant’s claim would be better decided by HPD, the DHCR, or DOB, where tenant also had filed complaints. Tenant appealed, and the case was reopened. Although tenant had filed complaints elsewhere, no coordination between the court action and any administrative proceedings was needed. While the issues of whether there were faulty wires and mold in tenant’s apartment were properly before the administrative agencies, the issues before the small claims court concerned causation and damages. 

 

 

 

 

Amoamah v. Fried: 2015 NY Slip Op 25238, 2015 WL 4393961 (App. T. 2 Dept.; 7/14/15; Elliot, JP, Pesce, Solomon, JJ)

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