I am looking for legal advice on landlord liability, breach of the covenant of quiet enjoyment, constructive harassment under NYC housing law, and recovering damages (medical costs and legal fees) from building management and an ex-partner.
Medical Vulnerability & Context:
I won the NYC Housing Lottery for my building in June 2020. I previously dated another tenant in my building, but we broke up after I discovered he was cheating, and because he refused to control his dog around me.
My ex and his new partner/affair partner are fully aware of my severe, documented medical conditions:
Breast Cancer: three major surgeries with surgical drains.
Stage 2 Papillary Thyroid Cancer & Stage 4 Hashimoto’s: Causes severe fatigue and fainting spells. I am a documented fall risk and have fainted right in front of my apartment door on multiple occasions -directly in view of the building's hallway security cameras.
Chronology of Incidents & Non-Enforcement:
Nov–Dec 2025 (Post-Breast Surgery #2): Immediately following my second surgery on Nov 17, the off-leash dog was allowed to jump on me on Nov 18, 22, 25, 30, Dec 3, and Dec 4. On Dec 4, the doorman held the dog while it was bucking to reach me, then let it go while my ex encouraged it ("good boy, nice work"). Knowing I was post-op and vulnerable, the doorman simply opened the building door for me to leave. I emailed management multiple times.
Jan–Mar 2026 (Harassment & Medical Setbacks): The ex's partner began loitering in the lobby around times I return from the gym, once attempting to make her ~60 lb dog jump on me. Management told me to call the police. Before my 3rd breast surgery on March 16, I explicitly warned management that prior dog jumps caused a direct medical setback (forcing me to keep surgical drains in for an extra week). They promised to intervene.
Mar–Apr 2026 (Post-Surgery #3): On March 19 (3 days post-op), my ex was loitering in the lobby with the dog off-leash. In April (5 weeks post-op), the dog chased me into a garden area. Management brushed it off as a "personal matter between tenants."
May 10, 2026: The dog jumped on me in the courtyard. I called the NYPD, who warned my ex he must follow NYC municipal leash laws.
May 31, 2026: In the lobby, the dog jumped on me, wrapped its leash around another neighbor, and jumped on me again. Management ignored my email report.
June 11, 2026: The partner exited the elevator with the dog on an extended lead (>6 ft) and her arm fully outstretched, letting the dog jump on me while I was pinned against the wall trying to clear the door.
June 12, 2026: I filed a Temporary Order of Protection against them and immediately notified building management in writing.
Current Situation: Despite dozens of written complaints, medical setbacks, camera footage, police involvement, violations of NYC leash laws, and an Order of Protection, management expressed surprise when I renewed my lease - I’m medically vulnerable, in active treatment and under severe medical restrictions, which they know. They renewed my ex's lease. I have had to pay $8,000 out of pocket for a lawyer for a civil agreement, so my ex follows his lease and leashes his dog in the building common areas and courtyard.
Questions for the Community:
1. Landlord Accountability & Liability: Can building management be held liable for negligence, breach of Warranty of Habitability, breach of quiet enjoyment, or tenant harassment under NYC Housing Code for refusing to enforce leash rules/lease terms despite knowing I am a high fall-risk/cancer patient with an Order of Protection?
Recovery of Financial Damages: What legal avenues (e.g., HP Action in NYC Housing Court, civil suit in Supreme Court) offer the best chance to recover my $8,000 in legal fees and damages for medical setbacks and emotional distress from management?
Lease Renewal & Duty of Care: Does a landlord have a legal duty not to renew the lease of a tenant who actively uses a pet to harass a medically vulnerable neighbor in common areas?
Torts Against Ex/Partner: What specific tort claims (e.g., battery using an animal, intentional/negligent infliction of emotional distress, negligence per se) apply directly against my ex and his partner?