Harassment Finding Terminated

LVT Number: 12293

Tenants complained to the DHCR that landlord was harassing them. The DHCR ruled for tenants in 1985 and issued a finding of harassment. The existence of the harassment finding limited landlord's rights under rent stabilization. Landlord later asked the DHCR to lift the harassment order, stating that there was no longer any basis for a harassment finding. The DHCR ruled for landlord in 1996, and tenants appealed. The court ruled against tenants. The DHCR's ruling was reasonable.

Tenants complained to the DHCR that landlord was harassing them. The DHCR ruled for tenants in 1985 and issued a finding of harassment. The existence of the harassment finding limited landlord's rights under rent stabilization. Landlord later asked the DHCR to lift the harassment order, stating that there was no longer any basis for a harassment finding. The DHCR ruled for landlord in 1996, and tenants appealed. The court ruled against tenants. The DHCR's ruling was reasonable. Although services provided were occasionally inadequate, there was substantial proof that conditions of harassment no longer existed at the building.

36th and Second Tenants Assn. v. DHCR: NYLJ, p. 25, col. 4 (4/20/98) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Rubin, Andrias, Saxe, JJ)