294 5th Avenue Realty Partners LLC v. Jimenez

Synopsis

Landlord commenced a non-payment proceeding against a rent-controlled tenant. Tenant moved to dismiss based on rent-impairing violations and harassment. Court granted tenant's motion, finding rent-impairing violations existed for over a year, and landlord failed to correct them. Court also found evidence of harassment based on landlord's repeated failure to correct the roof leak and imposed a $10,000 penalty. Landlord's prior squatter holdover proceedings were deemed not to constitute harassment.