Tenant's Harassment Claim Against Landlord Dismissed

Tenant sued landlord in housing court for harassment, claiming that landlord violated NYC Admin. Code Section 27-2005(d). Tenant claimed that his next-door neighbor was loud, disturbed him, and failed to carpet his apartment as required by his lease. Tenant also claimed that landlord told him he could move if the neighbor disturbed him. The court ruled against tenant and dismissed the case. The harassment law didn't apply to tenant's neighbor, since he wasn't an owner. And landlord's statement about tenant moving didn't rise to a level of harassment as defined in the statute as it didn't substantially interfere with tenant's comfort, peace, or quiet. Installing carpet wouldn't protect a next-door neighbor from noise. And finding that landlord harassed tenant because it didn't sue to evict another tenant could cause landlords to commence more such eviction actions. This would frustrate the intent of the harassment law.

Robinson v. Taube: Index No. 6050/2019, 2019 NY Slip Op 50666(U), NYLJ No. 1557718356 (Civ. Ct. NY; 5/6/19; Stoller, J)