Judge Miriam Breier

Landlord Emmitt sued to recover possession of the subject premises from month-to-month tenant Ferrarie arguing it was terminated by a 30 day notice of termination. Ferrarie's answered asserted the affirmative defense of, among other things, retaliatory eviction. She complained of lack of heat and essential services, commencing HP actions against Emmitt, as well as calling 311 and police during various instances, including the removal of her sink, stove and refrigerator from the premises by Emmitt. Further, Emmitt changed the locks on the building's front door, but when Ferrarie gained access, she found all her appliances were gone, and were never restored. The court found Ferrarie proved her affirmative defense establishing a presumption of retaliatory eviction at trial, Emmitt failed to rebut the presumption of retaliatory eviction, failing to offer any rebuttal testimony at trial. Thus, the court found Emmitt commenced this proceeding in violation of RPL 223-b(1)(a), dismissing the proceeding. Also, Emmitt's deliberate and intentional actions constituted harassment of Ferrarie, rendering the apartment uninhabitable and violated the Housing Maintenance Code warranting a $5,000 civil penalty against Emmitt on Ferrarie's counterclaim for punitive damages for harassment.

Judge Miriam Breier