ANDUJAR v. NG (2021)

ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.

Tenant commenced this HP proceeding seeking a finding of harassment, civil penalties, and an order directing the correction of violations. After a nonjury trial, the Civil Court found that landlords harassed tenant, in violation of Administrative Code of the City of New York §§ 27-2004 (a) (48) (b) and (a) (48) (g), by knowingly discontinuing essential services and causing an act which substantially interfered with and intentionally disturbed tenant's comfort and peace. Landlords appeal, as limited by their brief, from so much of a judgment entered September 14, 2018 as imposed a civil penalty against them in the amount of $2,000.

In reviewing a determination made after a nonjury trial, this court gives substantial deference to the determination of a trier of fact as to issues of credibility, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Hamilton v Blackwood, 85 AD3d 1116 [2011]; Zeltser v Sacerdote, 52 AD3d 824, 826 [2008]). Here, the Civil Court's finding of harassment is supported by the record and landlords have demonstrated no basis to disturb it. Civil penalties may be imposed upon a finding of harassment (see NY City Housing Maintenance Code [Administrative Code of City of NY] §§ 27-2004, 27-2005 [d]; 27-2115 [m] [2]; see also Allen v 219 24th St. LLC, 67 Misc 3d 1212[A], 2020 NY Slip Op 50513[U] [Civ Ct, NY County 2020]).

Accordingly, the judgment, insofar as appealed from, is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.