Trial Court Dismisses Tenant's Harassment Claim Against Landlord

Tenant sued landlord in an HP proceeding, claiming harassment and a number of apartment conditions, including periodic heat and hot water cut-offs. The court dismissed the case after trial. Tenant said that the day after she complained to HPD, a predicate notice was taped to her door citing nonpayment, smoking, and occupancy by an unauthorized occupant. As to harassment, tenant and landlord presented conflicting testimony, and tenant presented no other documentation of this claim. The mutually acrimonious landlord/tenant relationship wasn't grounds to find there was harassment. Tenant also characterized landlord's predicate notice as a threat, but harassment is defined in the HMC as "repeated" commencement of frivolous court proceedings. Tenant also claimed that landlord harassed her by repeated failures to correct hazardous violations, but tenant testified that landlord responded quickly to any requests for service. The record also showed that tenant didn't give landlord notice of conditions in need of repair and didn't respond to requests for access. 

Garcia v. Adams: Index No. HP1020/20, 2021 NY Slip Op 50283(U)(Civ. Ct. Kings; 4/7/21; Stoller, J)