Punitive Damages Imposed on Landlord Who Shut Off Tenant's Water During Pandemic

LVT Number: #31506

Tenant sued landlord in an HP proceeding, seeking correction of apartment violations and also claiming harassment by landlord. Tenant claimed that landlord caused, or intended to cause, her to move out by using or threatening force, repeatedly stopping or interrupting essential services, and changing the lock on her apartment door without giving her a key to the new lock. The trial court ruled for tenant, and found that landlord's failure to provide running water for six weeks constituted harassment in violation of NYC Admin. Code Section 27-2005(d).

Tenant sued landlord in an HP proceeding, seeking correction of apartment violations and also claiming harassment by landlord. Tenant claimed that landlord caused, or intended to cause, her to move out by using or threatening force, repeatedly stopping or interrupting essential services, and changing the lock on her apartment door without giving her a key to the new lock. The trial court ruled for tenant, and found that landlord's failure to provide running water for six weeks constituted harassment in violation of NYC Admin. Code Section 27-2005(d). The court ordered landlord to pay HPD a $3,000 civil penalty, to pay tenant $1,000 in damages, and to pay $3,000 in punitive damages. The court noted that landlord shut off tenant's water during the COVID-19 pandemic from November to late December 2020, when tenant was employed as a patient care technician.

Hibbert v. Powell: Index No. 17578/2020, 2021 NY Slip Op 31862(U), NYLJ No. 1624252355 (Civ. Ct. Bronx; 5/19/21; Ibrahim, J)