Tenant Priya Shah rented Apartment 4B at 88-14 Astoria Boulevard for $2,750 per month. From November 2024 through February 2025, she reported recurring heat outages, water intrusion near a bedroom window, and black mold behind a closet wall. Shah withheld January and February rent and moved out on February 18 after her 8-year-old son was treated for asthma symptoms. The landlord, MetroKey Properties, sued for unpaid rent and lease break damages. Shah counterclaimed for breach of the warranty of habitability, constructive eviction, moving costs, medical costs, and rent abatement. MetroKey argues it sent contractors three times, but Shah refused entry twice and never allowed full remediation.
311 complaints and HPD inspection report
City records show heat complaints on December 3, December 18, January 7, and January 29. A February 4 inspection recorded inadequate heat in the living room and visible mold staining behind the bedroom closet. MetroKey notes the inspector did not perform air sampling. Trial use: Corroborates heat and mold complaints through city records, while the lack of air sampling limits proof of severity and medical causation. Foundation: A custodian, author, recipient, or investigator should authenticate when it was made, how it was preserved, and how it connects to the disputed event. Cross-examination focus: Foundation Issue FRE 803.
Tenant repair emails and photos
Emails from Shah to MetroKey include dated photos of water intrusion and mold growth. The landlord responded with repair appointments for December 21, January 14, and February 6. Shah says contractors missed the first appointment and offered only cosmetic cleaning on the second. Trial use: Shows repeated notice and visible conditions, but missed appointments and photo authentication give the landlord room to contest repair access. Foundation: A custodian, author, recipient, or investigator should authenticate when it was made, how it was preserved, and how it connects to the disputed event. Cross-examination focus: Authentication FRE 901.
Contractor access logs
MetroKey contractor logs state "no access" on January 14 and February 6. Shah texted building staff that her son was sick and asked for a weekend appointment; MetroKey says the lease required reasonable weekday access. Trial use: Supports the landlord claim that repairs were blocked, while tenant texts explain refusals and raise whether access demands were reasonable. Foundation: A custodian, author, recipient, or investigator should authenticate when it was made, how it was preserved, and how it connects to the disputed event. Cross-examination focus: Hearsay Risk FRE 803.
Pediatric urgent-care record
Urgent-care notes from February 10 document wheezing and asthma exacerbation. The clinician wrote "possible environmental trigger at home per mother." MetroKey argues the note repeats Shah statement and does not prove mold causation. Trial use: Connects the child symptoms to possible home conditions, but causation remains vulnerable because the note relies partly on the mother report. Foundation: A treating provider or records custodian should authenticate the record and explain whether it reflects diagnosis, treatment, or patient-reported history. Cross-examination focus: Causation Dispute; Hearsay Risk FRE 803.
Rent ledger and lease
MetroKey ledger shows unpaid January and February rent totaling $5,500 plus .,100 in late fees. The lease has access and notice provisions. Shah argues warranty-of-habitability damages should reduce or eliminate rent owed. Trial use: Frames unpaid rent and lease obligations for offsets, while habitability damages may reduce or defeat the landlord ledger claim. Foundation: A custodian, author, recipient, or investigator should authenticate when it was made, how it was preserved, and how it connects to the disputed event. Cross-examination focus: Relevance Dispute FRE 401.
Priya Shah (tenant and counterclaim plaintiff)
Tenant who lived in Apartment 4B with her spouse and child
The apartment was cold for weeks, water came in around the window, and mold spread behind my son bedroom closet. I emailed repeatedly. Contractors either did not show up or said they could paint over it. We left because my son could not breathe safely there.
Lena Morris (MetroKey property manager)
Property manager for the building since 2022
We responded every time. We scheduled contractors, but Ms. Shah repeatedly denied access or demanded weekends when vendors were unavailable. The heat issues were intermittent building-wide boiler resets, not a permanent lack of services.
Daniel Cho (housing inspector)
City housing inspector who inspected Apartment 4B on February 4
I observed visible mold-like staining behind the closet and measured the living room below minimum heat requirements at the time of inspection. I issued violations requiring correction. I did not perform laboratory mold testing.
Habitability and Constructive Eviction — Queens, NY
Choose a role to start
