Housing Maintenance Code. Respondent is directed to correct the violations. All work to
be performed pursuant to COVID-19 safety protocols.
The clear objective behind the harassment section under the New York City
Administrative Code it to prevent the use of any threats or acts, expressed or implied, to
cause a lawful occupant to vacate the dwelling. The Court finds that respondent engaged in acts
that constitute harassment under the Housing Maintenance Code and penalties in the sum of
$8,000.00 are imposed. The posting of a valid notice of eviction from a marshal would not
constitute a form of harassment.
As such, the Court is required to impose civil penalties under the harassment law and
pursuant to CPLR §8303(a)(2).
It is Ordered that respondent-owner harassed petitioner in violation of NYC
Admin Code §27-2005 and that a "C" violation exist; and it is further
Ordered that the civil penalties of $8,000.00 are assessed against the respondent
Roosevelt Holding Corp., payable to the New York City Department of Housing Preservation
and Development; and it is further
Ordered that respondent Roosevelt Holding Corp., is enjoined, and restrained from
engaging in any acts that constitute harassment as prohibited by the harassment law; and it is
further
Ordered that petitioner is granted a money judgment against respondent Roosevelt
Holding Corp., pursuant to CPLR §8303(a)(2) as discretionary allowance in this
extraordinary case in the sum of $3,000.00; and it is further
Ordered that petitioner is granted a money judgment for compensatory damages in
the sum of $1,000.00; and it is further
Ordered that petitioner is awarded attorney's fees in an amount to be determined at a
hearing. The hearing will be held on November 9, 2021 at 2:30 PM, courtroom 407. A