Court Awards Tenant Damages and HPD Fines for Landlord's Harassment

LVT Number: #31823

Tenants sued landlord in an HP proceeding, claiming harassment and seeking an order to correct repairs. Tenants claimed that landlord withheld essential services. The court ruled for tenants, in part, noting that tenants who proved harassment may obtain placement of Housing Maintenance Code violations, an injunction restraining landlord from engaging in such conduct, civil penalties payable to DOF, compensatory damages, punitive damages, and attorney's fees.

Tenants sued landlord in an HP proceeding, claiming harassment and seeking an order to correct repairs. Tenants claimed that landlord withheld essential services. The court ruled for tenants, in part, noting that tenants who proved harassment may obtain placement of Housing Maintenance Code violations, an injunction restraining landlord from engaging in such conduct, civil penalties payable to DOF, compensatory damages, punitive damages, and attorney's fees. The court found that landlord harassed one tenant through one of its board members who yelled at tenant and obstructed the building's common areas when tenant was moving out. The court directed HPD to place a violation and enjoin landlord from future harassment. The court placed an immediately hazardous "C" violation for harassment on the building, awarded tenant $1,000, and awarded HPD civil penalties of $2,000. The court denied any award of attorney's fees.

Pusateri v. Abramov: Index No. L&T 80/21, NYLJ No. 1640029513 (Civ. Ct. Queens; 12/14/21; Jimenez, J)