Tenant's Harassment Claim Against Landlord Dismissed

Rent-stabilized tenant sued landlord in 2017. She sought repairs, a rent abatement, and money damages for tortious interference with contract, property damage, harassment, and intentional infliction of emotional distress. Landlord asked the court to dismiss the case without trial.

The court ruled for landlord in part. There were triable issues of fact concerning whether repairs had been completed and whether tenant was entitled to an abatement. So the court refused to dismiss those claims. The court severed and dismissed tenant's claim as to whether landlord tortiously interfered with tenant's contracts causing damages since tenant last worked as an interior decorator in 2007. That was more than three years before tenant started her lawsuit against landlord. So that claim was untimely. Tenant's property claim also was subject to a three-year statute of limitation and therefore was limited to damages occurring after May 17, 2014. Tenant's harassment claim was dismissed because New York doesn't recognize a common-law cause of action for harassment and tenant described no specific conduct that might qualify as harassment under the NYC Housing Maintenance Code. Tenant's emotional distress claim was subject to a one-year statute of limitations and was unsupported by any facts.

De Lobo v. Ennismore Apt. Inc.: Index No. 154620/2025, 2025 NY Slip Op 30101(U)(Sup. Ct. NY; 1/2/25; Kotler, J)