Landlord Must Pay Fine for Harassing Rent-Stabilized Tenant

LVT Number: #27334

Rent-stabilized tenant sued landlord in housing court for harassment. Tenant claimed verbal threats and that landlord failed to give her a renewal lease despite a DHCR order to do so. Instead landlord sent several nonrenewal letters or termination notices to tenant. She also claimed that landlord never complied with another DHCR order directing a refund of a rent overcharge.

Rent-stabilized tenant sued landlord in housing court for harassment. Tenant claimed verbal threats and that landlord failed to give her a renewal lease despite a DHCR order to do so. Instead landlord sent several nonrenewal letters or termination notices to tenant. She also claimed that landlord never complied with another DHCR order directing a refund of a rent overcharge. Tenant stopped making rent payments in September 2015, claiming that landlord refused to accept her repeated attempts to pay rent. Landlord claimed that it didn’t renew tenant’s lease due to chronic nonpayment of rent.

The court ruled for tenant. Chronic nonpayment of rent wasn’t a valid reason for nonrenewal of tenant’s rent-stabilized lease. Landlord’s 30-day termination notice also simply stated that tenant didn’t have a lease and failed to acknowledge she was rent stabilized. Landlord’s pattern of conduct substantially interfered with or disturbed tenant to deny her rights and force her to vacate. Landlord was enjoined from harassing tenant and ordered to pay a $2,000 fine to HPD.

 

 
Otero v. Ahmed: Index No. HP 701/16, NYLJ No. 1202769544752 (Civ. Ct. Queens; 9/30/16; Kullas, J)