KMWB Protects Property Owner in Harassment Proceeding

We are pleased to share a recent client victory from KMWB. In this case, the tenant filed an HP proceeding in Queens housing court alleging Housing Maintenance Code (HMC) violations and landlord harassment. Early in the proceeding, all violations were corrected, leaving only the harassment claim (based on the claim that excessive noise allegedly generated by landlord created health issues) to be litigated. Landlord, represented by partner Nikolaos Preponis, Esq., moved to dismiss tenant’s petition arguing that it failed to state a valid legal claim for which relief could be granted.

The Court held that, while tenant described bothersome noise, she did not allege facts showing that the noise complained of was excessive, frequent, or intended to force her out, as required under HMC’s harassment provisions. Finding tenant’s harassment allegations insufficient as a matter of law, the Court granted our client’s motion and dismissed the petition in its entirety.

This result is another example of KMWB’s commitment to protecting property owners and achieving successful outcomes in court.

If you have questions about how harassment claims or other tenant initiated actions could affect your building, or if you need experienced counsel to defend you against currently pending HP litigation, please contact our office or Partner, Nikolaos Preponis, Esq at NPreponis@kuckermarino.com. Our team is here to protect your interests and deliver the results you expect.

Media Contacts:

Valerie Shutack
Kucker Marino Winiarsky & Bittens, LLP
(212) 869-5030
vshutack@kuckermarino.com