Case Type

HP

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

HP 449/2019

Petitioner

Guang Y. Leung, Oi Yuk Kong, Ai Yu Shao, Qun Chen, Wai Hei Li, Liu Yi Chun, Xiu ZhenZhang, Jing Zhao Chen, Kai Lu and Jerry Li

Respondent

Zi Chang Realty Corp., Wing Chau Yeung and Yu Huang, and Department of Housing Preservation & Development (DHPD)

Judge

Stoller, Jack

Decision/Order Date

2020-04-27

Posture

Decision after trial

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Petitioners, tenants of ten separate apartments of a Manhattan building, commenced an Housing Part ("HP") proceeding in New York City Civil Court alleging harassment by the building's owners. After a six day trial, the Court found that the landlords had engaged in harassment as defined by the New York City Housing Maintenance Code by repeatedly depriving tenants of heat and hot water, using threatening language on signs posted throughout the building, including signs making threats based tenants' immigration and marital statuses. The owners also harassed the tenants, and violated the Real Property Law, by collecting illegal fees from tenants who had roommates. Based on the finding of harassment, the Court awarded compensatory damages to each tenants in the form of a rent abatement for the lack of heat and hot water, and return of illegal fees charged by the landlord in amounts of over $10,000 for each petitioner. The Court also awarded punitive damages of $4,500 for each petitioner, and enjoined the landlord from additional acts of harassment. Attorney’s fees were also awarded to petitioners' counsel.

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