Tenant Wins Court Case Based on Prior DHCR Harassment Finding

Facts: Tenant sued landlord in court for breach of the lease, unlawful eviction, assault, breach of the warranty of habitability, and nuisance. Tenant claimed that no trial was needed because DHCR's prior harassment findings already proved tenant's claims. Tenant had proved harassment before the DHCR by showing that landlord deprived tenants of heat and hot water, interfered with mail delivery, littered halls with debris, smoke, and noxious fumes, and verbally assaulted tenant. Landlord claimed that DHCR's harassment finding didn't prove tenant's claims. Court: Tenant wins. DHCR's findings proved tenant's court claims. At a DHCR harassment hearing, an administrative law judge found that landlord intentionally interfered with tenant's quiet enjoyment of his home, didn't make necessary repairs, or provide essential services. This proved breach of the lease, breach of the warranty of habitability, and nuisance. The ALJ also found that landlord intentionally forced tenant out of his home through illegal conduct. This proved unlawful eviction. Landlord also engaged in a pattern of threats and abuse against tenant, which intimidated tenant into moving out. This proved assault.

Conboy v. Mauro: NYLJ, p. 29, col. 3 (6/18/97) (Sup. Ct. NY; Miller, J)