Tenant's Claim of Building Violations and Harassment by Landlord Dismissed

Tenant sued landlord in housing court, claiming that conditions in his apartment violated the Multiple Dwelling Law (MDL), Housing Maintenance Code (HMC), and other housing standards. He also claimed that landlord harassed him in violation of the NYC Admin. Code Section 27-2005(d). Tenant said that conditions in his apartment included a defective electrical system with frequent sparks and electrical shorts, holes around the electrical outlets, corroded wiring, windows that didn't open, uneven floors, mold, and a cockroach infestation.

The court ruled against tenant and dismissed the case after conducting a hearing. HPD records didn't contain any open violations against the premises with respect to the electrical system or electrical work. An electrician, not certified as an expert, testified for tenant, but didn't sufficiently demonstrate knowledge of the building, electrical or housing standards and codes, and whether the electrical system at the premises was in compliance with these standards. So tenant failed to prove that the court should issue violations for these claimed conditions.

HPD's database currently showed only one open violation, dated March 13, 2021, for inoperative entry doors at the building. And landlord credibly testified that she replaced these doors. Tenant also admitted that some repairs were made. There were no DOB violations supporting tenant's claims. Tenant also didn't show that there had been harassment. And, although tenant claimed repeated failure to make repairs over a lengthy period of time, forcing him to vacate, as well as repeated interruptions of essential services and damage to tenant's personal property, he testified mostly about the electrical system, and admitted that he didn't request repairs in writing. 

Ramirez v. Lum: Index No. LYT307015/20, 2021 NY Slip Op 51211(U)(Civ. Ct. Kings; 12/16/21; Capell, J)