Case Type

HP

Housing Type

Market Rate

Court

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

2022-379 K C, 2022-731 K C

Petitioner

Department of Housing Preservation and Development of the City of New York

Respondent

Juda Rosenfeld, 180 E. 18 Realty Corp., Also Known as 180 East 18 Realty Corp., and Baruch Rosenfeld

Judge

PHILLIP HOM, J.P., WAVNY TOUSSAINT, CHEREE A. BUGGS, JJ.

Decision/Order Date

2024-08-12

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The landlord, Department of Housing Preservation and Development (HPD), sought an order finding that the tenant, Juda Rosenfeld, committed harassment and awarding civil penalties. The tenant moved to dismiss the harassment claims, arguing that HPD lacked standing. The court held that HPD has the authority to bring harassment claims under Administrative Code § 27-2120 (a) and that harassment is a violation of the code. The court also found that HPD is not required to serve a notice of violation before commencing the proceeding.

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