If you rent from a landlord who is for all practical purposes a slumlord, and is negligent in failing to make repairs in a willful or wanton way, your lawyer may be able to make a claim for emotional distress. Specifically, the distress must be caused by fear of dangerous conditions in your apartment, in order to be considered valid and permit recovery of punitive damages. Punitive damages are designed to punish for malicious behavior. This isn’t an easy claim to prove, however if your landlord’s conduct is truly egregious, and your apartment conditions are terrible, your lawyer may pursue it and a judge may make a favorable ruling. It helps if you have a history of emotional illness, and can demonstrate deterioration of your condition. For example, if you have more visits to a psychotherapist, or an increase or changes to medication, it helps to substantiate your position. However, it’s not a good idea to try making this kind of claim on your own. Get proper representation.
Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.
Click here to see valuable Back Issues , conveniently organized by topic.
305 Broadway, Suite 610
New York, NY 10007
Fax: (212) 619-0714
Copyright 2010 McAdams Law