Landlord Must Pay Penalties After Trial Court Finds Landlord Harassed Tenant

LVT Number: #32335

Tenant sued landlord in a housing court HP proceeding based on HPD violations and a harassment claim. After a trial, the court ruled for tenant based on findings that landlord had harassed her. Among other things, landlord at one point turned off the building's heat and hot water. Later, the electricity was turned off. At some time, all were shut off simultaneously. Tenant also testified that, on one occasion, landlord kicked in her apartment door and was arrested. The harassment was a class "C" violation.

Tenant sued landlord in a housing court HP proceeding based on HPD violations and a harassment claim. After a trial, the court ruled for tenant based on findings that landlord had harassed her. Among other things, landlord at one point turned off the building's heat and hot water. Later, the electricity was turned off. At some time, all were shut off simultaneously. Tenant also testified that, on one occasion, landlord kicked in her apartment door and was arrested. The harassment was a class "C" violation. The court issued an order restraining landlord from further violating NYC Admin. Code Sections 27-2005(d) and 27-2004(a)(48). The court imposed a civil penalty against landlord for $9,000, payable to HPD. The court also awarded statutory compensatory damages for $1,000 to tenant. And the court awarded statutory punitive damages in the amount of $5,000 to tenant. The court also said it would award attorney's fees to tenant. 

Brown v. Messam: Index No. LYT 309205/21, 2022 NY Slip Op 50990(U)(Civ. Ct. Queens; 10/4/22; Guthrie, J)