harassment, specifically banging loudly on their door at odd hours and shouting 'I want
my rent",
etc.
Defendants testified, with credible evidence, that on or about January 10 2025, they
filed a
HPD case against the plaintiffs, by way of Order to Show Cause ("OSC"), for a finding
of
harassment and a restraining order, in housing court, bearing index number
LT-000087-25/KI,
which OSC was served upon the plaintiff the same day. That upon receiving service of
the OSC,
plaintiffs served them with a 90-day Notice of Termination, on January 15, 2025. These
facts
were not disputed. Documents supporting these facts were offered into evidence.
Considering the
foregoing, defendants assert that since they were subjected to retaliatory eviction, it
provided
them with additional reason to withhold their rent. They moved out end of April
2025.
Also offered in evidence and testified to by both parties, is the Decision/Order of
Hon.
Enedina Pilar Sanchez (Judge, Housing Court), dated August 25, 2025, resolving the
HPD OSC
filed by defendants against the plaintiffs, wherein she granted money judgment in favor
of
defendants ("Petitioner", therein) in the amount of $1,000 for a finding of harassment
and $2,000
to HPD for the violation of NYC Admin Code §27-2115(m).
This court also has before it, defendants' counterclaims for harassment, mold and
retaliatory
eviction.
DISCUSSION
From the onset, it appears that the issues of harassment and mold had been
previously
litigated in the housing court and resolved, wherein that court found in favor of these
defendants
(who were the Petitioners thereof) against these plaintiffs (Respondents therein) and
awarded the
sum of $1,000 in favor of these defendants in this case. These defendants also raised and
litigated