Case Type

Non-payment

Housing Type

Other

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-317643-24/NY

Petitioner

Harlem Restoration HDFC

Respondent

AMBER S. BREWER

Judge

Meyers, Adam R.

Decision/Order Date

2025-09-17

Posture

Post-answer Motion by Tenant

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

In this nonpayment case, the court granted a tenant's motion for partial summary judgment on a harassment counterclaim. The judge found that the landlord's repeated failure to correct hazardous violations created a **rebuttable presumption of harassment** under NYC Admin. Code § 27-2004. Since the landlord failed to rebut this presumption, the court awarded the tenant **statutory damages** of $1,000, and imposed a civil penalty of $2,000 payable to HPD. The court also issued a Class "C" harassment violation against the landlord, but the case remains pending for a final determination on the remaining claims.

Keywords

Repairs; Harassment Counterclaim; Rebuttable Presumption of Harassment; Statutory Damages

Share

COinS