Tenant Claims Harassment Based on Landlord's Failure to Provide Gas and Heat

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked for a rent abatement because there was no heat or gas in the apartment. Landlord discontinued the case without prejudice as it was unprepared to go to trial, but later asked to restore the case and sought entry of a judgment and warrant. The court granted tenant’s request to file an amended answer, which now also claimed harassment by landlord. Tenant claimed that landlord intentionally deprived tenant of gas for over a year, failed to provide heat for over five months, failed to abate a mold condition in the apartment, and failed to offer tenant a renewal lease. Landlord asked the court to dismiss the harassment claim. The court ruled against landlord since landlord didn’t specifically address the claims regarding lack of heat, gas, and delay in issuing the renewal lease.

West 151 St. Realty Co. LLC v. Manguelle: Index No. L&T85007/2014, NYLJ No. 1202748558452 (Civ. Ct. NY; 1/21/16; Kraus, J)