Tenant Without Proof of Mold Didn't Show Harassment by Landlord

Tenant sued landlord and HPD, claiming harassment by landlord and a bathroom mold condition that warranted placement of a violation and remedy. The trial court ruled against tenant, who later asked the court for a fuller assessment of the claimed mold condition and harassment claim. The court again ruled against tenant. Tenant presented no proof of mold, and there was no HPD violation to support tenant's claim. So there was no reason for the court to order further investigation. In addition, the Housing Maintenance Code defined harassment to include a repeated failure to correct violations. But to make such a claim, tenant needed to show at least in part that there were hazardous or immediately hazardous HPD violations. There were no violations, and tenant also didn't show that landlord otherwise did anything to interfere substantially with her comfort, peace, or quiet. While tenant vacated the apartment due to her good-faith belief that there was mold in the bathroom and that she therefore needed to do so, there were no facts presented that supported her belief.

Jeffers v. River Park Residences LP: Index No. 13461/2020, 2021 NY Slip Op 50218(U)(Civ. Ct. Bronx; 2/26/21; Ibrahim, J)