Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-302504-22/KI
Petitioner
KIM PENG CHAN and KIM WAN CHAN
Respondent
DIEGO ENCALADA
Judge
Jimenez, Sergio
Decision/Order Date
2025-10-27
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In a nonpayment proceeding, the landlord's petition was dismissed. After a trial on tenant's counterclaims, the court found for the tenant, awarding a $20,000 rent abatement for breach of warranty of habitability due to conditions like damaged floors, mold, lack of heat/cooking gas, and pests. The tenant also proved harassment, receiving $1,000 in compensatory damages and $35,000 in punitive damages, citing the landlord's omission of essential services demonstrating intent or malice, including physical assaults. The court also ordered the landlord to correct all outstanding DHPD violations.
Keywords
Post-trial Decision; Rent Abatement Granted: $20, 000; Harassment Counterclaim Proved; Compensatory Damages of $1, 000 & Punitive Damages of $35, 000
Recommended Citation
"Chan v. Encalada" (2025). All Decisions. 2020.
https://ir.lawnet.fordham.edu/housing_court_all/2020
