AMENDED DECISION Petitioners move for an Order find harassment, enjoining the Respondents from changing the locks, entering or removing personal property, contacting Petitioners about vacating, depriving Petitioners of essential services and commencing construction or modifications at the subject premises.The proceeding was noticed to be heard on October 15, 2018. The Respondents failed to appear and the matter was adjourned. It is noted on the court file jacket that postcards were sent by the clerk of the part to the Respondents with a new court date of November 16, 2018.The adjourned date was then changed to November 28, 2018 and postcards were once again mailed to the Respondents. On November 28, 2018 the Respondents once again defaulted. The Court adjourned the proceeding to November 29, 2018 for the Petitioners to bring their witnesses for inquest.After a digitally-recorded inquest hearing and after due deliberation and consideration of the credible and testimonial evidence adduced, the Court makes the findings of fact and conclusions of law set forth below:Petitioners submitted proof of service on the Respondents at the address on the recorded deed and at the premises. Upon the default of the Respondents the Court held an inquest.The first witness was Petitioner Annie McKellar. She testified that her landlord is Jerry Silver and that on October 8, 2018, when she returned to the apartment after leaving that morning, her key did not work. She stated that the police responded to the premises and they let her into the building. Upon returning to her apartment, she found all of her personal property missing. She testified that there were about 30 paintings, jewelry, a leather coat, shoes, three suede coats, two gold bars, eight pair of shoes, two television sets, a bed, two video cassette recorders, plates from Africa, pots, pans, spoons, about 20 items of clothing and her awards for being honored by the New York Police Department as the Citizen of the Year on four different occasions. She testified as to the estimated price of some of the individual items and that the property lost was valued somewhere between $3000.00 to $4000.00.The Court took judicial notice of L&T index number 74583/18 which was a holdover proceeding commenced by Jerry Silver against the witness. That case was discontinued on August 30, 2018. A review of the case history showed that no judgment was entered in the proceeding and no warrant had issued.The next witness for Petitioners was Yadira Caban. She testified that she lives in apartment 2A with her 13 year old daughter. She had lived in the premises with her husband until his death this past April.She testified that the building was previously owned by her husband’s grandfather and that the current owner, Jerry Silver, was her husband’s cousin. She testified that Laura Silver is Jerry Silver’s mother.Ms. Caban testified that on February 24, 2018 the landlord served her husband with a 30 Day Notice but no further papers were received after the expiration of the 30 days. She claims that on May 31, 2018 she was told by both Respondents that she had to leave because a City Marshal was coming to evict. On August 3, 2018 Ms. Caban filed an illegal lockout proceeding, L&T index number 17932/18, which was settled on August 30, 2018. Additionally, Respondents commenced a holdover proceeding, L&T index number 74580/18, which was discontinued on August 30, 2018 without entry of a judgment or issuance of a warrant.Ms. Caban continued with a description of the events of October 5, 2018. She state that she witnessed Mr. Silver with a locksmith on the morning of October 5, 2018 at the top of the stairs changing locks. She alleges that Mr. Silver told her that he was “cleaning house.” She testified that she witnessed movers with a truck emptying the upstairs apartment. She stated that she returned to the house and found that her key did not work.The police came to the building and assisted her in re-entering her apartment. She then left for the weekend and when she returned on October 9, 2018 she found her apartment trashed and filled with garbage. In support, she submitted photographs of her living room before October 5, 2018 and after October 9, 2018. She testified that in addition to the apartment being ransacked and strewn with garbage, there was $3500.00 of cash missing from the apartment. She alleges that the money was being saved from her daughter’s social security to pay the rent.She further testified that she viewed Raphael Faison’s apartment after October 9, 2018 and that it was empty. She concedes that she has not currently been staying in the apartment, however, she denies surrendering possession of the apartment. She claims that her daughter no longer feels safe in the apartment.Petitioner Frank Thomas, the tenant of apartment 5C, was the next to testify. He stated that he has lived at the premises for thirty years and that he knows who Jerry Silver is but he is more familiar with Laura Silver as she lives around the corner from the building.He testified that he had a holdover case with Jerry Silver, L&T index number 74582/18, but he was told to not say anything while in court and that they would work something out outside of court. A review of the case summary reveals that the holdover was discontinued on August 30, 2018 with no judgment entered or warrant issued.Mr. Thomas testified that Jerry Silver came to his place of employment on two separate occasions to talk to him about vacating his apartment. He stated that on October 5, 2018, Yadira Caban called him while he was at work to let him know the locks to the building had been changed. When he arrived at the building he found the door to his unit off the hinges and everything trashed.The witness testified that he suffered property loss including prescription medication, two televisions, his mother’s wedding band, a watch, radio, DVD player, video cassette recorder, music and $1500.00 cash. He credibly testified that he was saving the cash as moving money. He testified that his bedframe and box spring were broken and his mattress was missing. He stated that he saw some of his clothes packed up and placed in another apartment, however, he left them there because there were rodents crawling around the boxes.The next witness was Rafael Faison, the tenant from the ground floor apartment. He testified that he is 56 years old and self employed. Consistent with the testimony of the prior witnesses, he stated that Jerry Silver has owned the building for the last three years but he has known Laura Silver since 2007. He testified that he was served a Thirty Day Notice in February 2018 and that over Memorial Day weekend Laura Silver came and told him that a City Marshal was coming to evict him. He witnessed Ms. Silver with a locksmith in the building. He was also served with a holdover Petition, L&T index number 74578/18, that was discontinued on August 30, 2018.Mr. Faison further testified regarding the events of October 5, 2018. He stated that he was at the VA hospital when he received a call from Ms. Caban informing him that Jerry Silver was at the house with a moving truck. He returned to the building and found that his key did not work and that the other tenants had the same experience. He called his attorneys and 911. After several hours the police were able to help him gain entry.Upon entering he found his apartment empty. His testimony continued with details regarding the loss of his personal property. The testimony was supported by photographs depicting the apartment after October 5, 2018.1 The court record contains details of the musical equipment that was missing that he estimated was valued at approximately $37,045.00. He testified that he had a queen size waterbed that was valued at about $720.00 for the frame and mattress, two Dell computers at about $250.00 each, a Samsung television worth $300.00, an Office Depot desk chair valued at $100.00, the cable box, DVD and X-Box that cost $399.00. He further testified that 15 to 20 X-Box games valued at $60.00 per game were missing. Mr. Faison continued his testimony describing the other pieces of personal property that had been removed including furniture, clothing, china plates comprising service for twenty-four and $6000.00 cash that he was saving for rent money. Lastly he testified that a photograph of his deceased child and a ring that was given to his father for his service in the Korean War were missing.Mr. Faison testified that he observed the conditions in the other units in the building. He testified that Ms. Caban’s door was open and he viewed trash strewn throughout the apartment, that Mr. Gorham’s apartment was empty, that Frank Thomas’ unit was emptied and the door was off the hinges and that Danny’s unit had a broken door and it looked emptied.After the tenants were restored to possession, they received a shut off notice from National Grid that the gas was going to be discontinued for lack of payment. The notice was in the name of Willie B. Cephus, the prior owner.2 Mr. Fazan testified that the tenants chipped in to have the gas restored to allow for heat and hot water. He is contributing despite having his own meter for which he is responsible for payment.The last witness to testify was Petitioner Vincent Gorham. He has lived in a single room at the building for twelve to thirteen years. He shares a bathroom and kitchen with six other people. He received a “One Month Notice to Vacate” in February 2018.3 In July 2018 he was served with a Petition in a holdover proceeding under L&T index number 74577/18. Under this index number a final judgment was entered and a warrant has issued. At that time this decision was drafted there was a motion to vacate judgment calendered for January 3, 2019.Mr. Gorham testified that on October 5, 2018 he arrived at the premises to find that his key did not work. He stated that after the police arrived a neighbor allowed him to enter a rear yard down the block. He recounted how he climbed over several fences to reach the yard behind his building where he was able to gain entry. He then opened the door so that the rest of the tenants could enter. He testified that the police were present throughout this time. He went to his apartment and found it empty. He later located some of his property in Ms. Caban’s apartment. He testified that he is a courier and had two bicycles worth $5000.00 each that were missing. He testified that other property that is still missing is a plasma television valued at $400.00, three I-Phones, a bed frame, photo albums, and medals from his youth as a gymnast.The N.Y.C. Administrative code defines the term harassment as:“any act or omission by or on behalf of an owner that (I) causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, and (ii) includes one or more of the following acts or omissions, provided that there shall be a rebuttable presumption that such acts or omissions were intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, except that such presumption shall not apply to such acts or omissions with respect to a private dwelling, as defined in paragraph six of subdivision a of section 27-2004:b. repeated interruptions or discontinuances of essential services, or an interruption or discontinuance of an essential service for an extended duration or of such significance as to substantially impair the habitability of such dwelling unit;b-1. an interruption or discontinuance of an essential service that (I) affects such dwelling unit and (ii) occurs in a building where repeated interruptions or discontinuances of essential services have occurred;e. removing the possessions of any person lawfully entitled to occupancy of such dwelling unit;f. removing the door at the entrance to an occupied dwelling unit; removing, plugging or otherwise rendering the lock on such entrance door inoperable; or changing the lock on such entrance door without supplying a key to the new lock to the persons lawfully entitled to occupancy of such dwelling unit;f-2. contacting any person lawfully entitled to occupancy of such dwelling unit to offer money or other valuable consideration to induce such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, unless such owner discloses to such person in writing (I) at the time of the initial contact,…:(1) the purpose of such contact,(2) that such person may reject any such offer and may continue to occupy such dwelling unit,(3) that such person may seek the guidance of an attorney regarding any such offer and may, for information on accessing legal services, refer to The ABCs of Housing guide on the department’s website,(4) that such contact is made by or on behalf of such owner, and(5) that such person may, in writing, refuse any such contact and such refusal would bar such contact for 180 days, except that the owner may contact such person regarding such an offer if given express permission by a court of competent jurisdiction or if notified in writing by such person of an interest in receiving such an offer;f-3. offering money or other valuable consideration to a person lawfully entitled to occupancy of such dwelling unit to induce such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy while engaging in any of the following types of conduct:(1) threatening, intimidating or using obscene language;(2) initiating communication with such frequency, at such unusual hours or in such a manner as can reasonably be expected to abuse or harass such person;(3) initiating communication at the place of employment of such person without the prior written consent of such person; org. other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause or are intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, including improperly requiring such person to seek, receive or refrain from submitting to medical treatment in violation of subdivision b of section 26-1201.”4Petitioners’ credible testimony supports a finding that the Respondents engaged in conduct falling within the statutory definition of harassment. The Petitioners testified that the Respondents caused the essential services to be discontinued, their personal property to be removed, and the lock of the entrance door to the building to be changed without supplying new keys to the tenants. Mr. Thomas testified that the door to his room was off the hinges and that Jerry Silver had approached him at his place of employment on two occasions to talk to him about surrendering his rights to the apartment.The testimony established that Jerry Silver and Laura Silver have engaged in “repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause or are intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy,….”Accordingly, this Court finds that the Respondents have harassed the Petitioners pursuant to the Administrative Code §27-2005(d). The Court determines the conduct to warrant a placing a “C” violation.“If a court of competent jurisdiction finds that conduct in violation of subdivision d of section 27-2005 of this chapter has occurred, it may determine that a class c violation existed at the time that such conduct occurred. Notwithstanding the foregoing, such court may also issue an order restraining the owner of the property from violating such subdivision and direct the owner to ensure that no further violation occurs, in accordance with section 27-2121 of this chapter. Such court shall impose a civil penalty in an amount not less than two thousand dollars and not more than ten thousand dollars for each dwelling unit in which a tenant or any person lawfully entitled to occupancy of such unit has been the subject of such violation, and such other relief as the court deems appropriate,….”5The Court shall impose civil penalties in the amount of $6000.00 per dwelling unit. The Court heard testimony from five tenants that live in separate dwelling units, accordingly, the Court awards civil penalties in the amount of $30,000.00.The Administrative Code further provides:“(o) In any action brought by a lawful occupant or group of lawful occupants under subdivision h of this section for a violation of subdivision d of section 27-2005 of this chapter, the housing part shall, in addition to any other relief such court determines to be appropriate, award to each such occupant (I) compensatory damages or, at the election of such occupant, one thousand dollars and (ii) reasonable attorneys’ fees and costs. Such court may also, at its sole discretion, award punitive damages.”Based on the testimony and evidence adduced at the inquest and pursuant to statute the Court awards compensatory damages:Annie McKellar $3500.00Yadira Cabar $3500.00Frank Thomas $2500.00Rafael Faison $36,964.006Vincent Gorham $16,000.00The statute further allows this Court, in its discretion, to award punitive damages.“An award of punitive damages in such case not only punishes conduct which is morally culpable or actuated by evil and reprehensible motives, but it “serves to deter a wrongdoer and others of like inclination from repetitions of the same or similar actions” (Davis v. Williams, 92 Misc.2d 1051, 1054, 402 N.Y.S.2d 92). Landlord not only deprived the tenant of his home, but in the course of forcibly ejecting him, destroyed and discarded all of his belongings. Under these circumstances, it cannot be said that the award of $10,000 punitive damages was unwarranted or excessive (Yates v. Kaplan, 75 Misc.2d 259, 347 N.Y.S.2d 543).” Williams v. Llorente, 115 Misc. 2d 171, 172-73, 454 N.Y.S.2d 930, 931 (App. Term 1982).The Petitioners’ credible testimony before this Court supports a finding that the Respondents’ act of changing the locks, emptying the apartments of the personal property, the trashing of Ms. Caban’s apartment, and the discarding of their personal property was morally reprehensible and could have only been driven by evil motives. Accordingly, the Court will award punitive damages in the amount of $5000.00 per tenant. This is without prejudice to the Petitioners seeking attorneys fees and costs.DHPD to submit an Order and Judgment for the Court’s signature. Said Order is provide for civil penalties in the amount of $30,000.00. Compensatory damages as previously recited in this Order and punitive damages in the amount of $5000.00 to each Petitioner. Further, the Respondents are restrained from engaging in conduct as defined under the sub-divisions relied upon in this Order in determining that the conduct is a “C” violation.This constitutes the decision and order of the Court.Dated: January 9, 2019
