Jieying Pan, Appellant, v. Ying Ying Chen, Landlord-Respondent, Department of Housing Preservation and Development, Respondent. (2026)

ORDERED that the final judgment is affirmed, without costs.

Tenant commenced this HP proceeding seeking a finding of harassment in violation of Administrative Code of the City of New York § 27-2004 (a) (48) (b) and (g), civil penalties, and an order directing the correction of violations. After a nonjury trial, the Civil Court (Remy Smith, J.) dismissed the petition finding that the incidents in question did not rise to the level of harassment under the Housing Maintenance Code, and that tenant's own actions contributed substantially to the hostile atmosphere at the premises. Tenant appeals from the final judgment entered April 14, 2023 dismissing the petition.

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 that landlord's actions did not rise to the level of harassment is supported by the record and tenant demonstrated no basis to disturb it (see Andujar v Ng, 73 Misc 3d 145[A], 2021 NY Slip Op 51251[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]).

Accordingly, the final judgment is affirmed.

TOUSSAINT, P.J., BUGGS and QUIÑONES, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: March 20, 2026