Former Aide's Harassment Claim Against Landlord Dismissed

January 18, 2017

LVT Number: #27439

Former homecare attendant sued landlord of two-family home, claiming that landlord harassed him by unlawfully and forcibly evicting him without due process of law. Landlord was a 94-year-old invalid who had terminated the attendant’s employment. Landlord and his daughter also claimed that the attendant was abusive to landlord. The attendant claimed that landlord prevented him from fully enjoying the premises and  from receiving mail addressed to him. The court ruled against the attendant, finding no harassment, but refused to impose sanctions against him.

Former homecare attendant sued landlord of two-family home, claiming that landlord harassed him by unlawfully and forcibly evicting him without due process of law. Landlord was a 94-year-old invalid who had terminated the attendant’s employment. Landlord and his daughter also claimed that the attendant was abusive to landlord. The attendant claimed that landlord prevented him from fully enjoying the premises and  from receiving mail addressed to him. The court ruled against the attendant, finding no harassment, but refused to impose sanctions against him. The attendant was entitled to file the housing court and illegal lockout proceedings against landlord following his eviction, even though they ultimately were dismissed. 

 

 

 

 

Ackerman v. Berkowitz and HPD: 2016 NY Slip Op 26412, 2016 WL 7233965 (Civ. Ct. Kings; 12/12/16; Avery, J)

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