Tenant brought an HP proceeding against landlord in housing court, seeking apartment repairs to correct HPD violations. Landlord entered into a one-year probationary stipulation to correct conditions, but the court later awarded civil penalties and compensatory damages based on landlord’s noncompliance. Landlord appealed and lost. The stipulation provided that landlord would be deemed to have […]

Landlord sued to evict tenant for nonpayment of rent, claiming that over $23,000 was outstanding. Tenant claimed breach of the warranty of habitability for a range of conditions, including infestations of mice, rats, roaches, and other insects, mold, water damage, and peeling paint throughout the apartment.

Tenant sued landlord, claiming damages from bed bug infestation in her apartment. She showed that HPD violations were filed against landlord and testified that she had to dispose of clothing and furniture. Tenant had paid rent during the months involved of $8,000. Landlord's employee testified that it first heard of the bed bug complaint on July 31, 2023, investigated the apartment and worked to abate the condition. Landlord made counterclaims for HPD violations, abatement costs, and legal fees. The trial court ruled against landlord and for tenant, awarding her $9,450 in damages.

Tenant commenced an HP proceeding against landlord, who was the shareholder/proprietary lessee of the co-op apartment tenant lived in. Tenant sought correction of various building code enforcement violations. In November 2023, the court issued an order directing landlord to replace a missing lock on the balcony door in one of the bedrooms. When landlord failed to correct the violation, tenant went back to court and asked for a contempt finding. The court held an inquest hearing after landlord failed to appear.

In late 2023, the New York City Council added provisions to the Administrative Code to: (a) define an "unoccupied dwelling unit" as a unit not occupied for permanent or temporary residence purposes; (b) require a multiple dwelling owner to keep all unoccupied dwelling units in good repair; and (c) permit inspection by HPD of such units upon receipt of complaints about conditions in the units that affect occupied dwelling units in a building.

Landlord sued to evict tenant from a basement apartment based on nonpayment of rent. Tenant claimed that the apartment was illegal and asked the court to dismiss the case. After reviewing documents presented by both sides, the court ruled that a hearing was needed to determine the facts. Tenant claimed that the US Postal Service and NY State Dept. of Motor Vehicles each refused to recognize the apartment as a lawful residential address. Landlord offered two documents to the court: a Letter of No Objection from DOB (LNO) and an inspection report from the NYC Dept.

Tenant sued landlord after she and her family had to vacate her apartment under an HPD vacate order. This was the second vacate order resulting from a second fire that tore through the building. HPD had relocated tenant, her husband, and seven children to a temporary shelter at HPD's expense. Tenant asked the court for an order directing landlord to correct violations, award civil penalties, and pay the costs and expenses of relocating the family to temporary housing more appropriate than the city shelter system.

Tenants in an SRO building and HPD commenced separate HP proceedings against landlord in housing court, seeking correction of various housing violations to restore habitability after a building fire where a vacate order had been issued. The court consolidated the two cases and considered a number of questions raised by the parties after the court issued an order to correct the violations. Landlord questioned whether some of the occupants who joined tenants' case had standing to seek violation corrections.

Tenant sued landlord in housing court, seeking correction of certain Housing Maintenance Code violations. HPD conducted an inspection in response and issued 17 violations, including two Class "C" immediately hazardous violations for positive tests finding lead-based paint in tenant's kitchen and bedroom. Other violations were placed for a water leak in the bathroom ceiling, a mold condition in the bedroom closet, an inoperable intercom system, and an illegal drop ceiling in the bathroom.

Tenant sued landlord in a housing court HP proceeding, claiming that a sloping floor condition in his apartment needed correction even though HPD issued no violation for the condition after inspection. The court denied landlord's request to dismiss the case. The DHCR had issued a rent reduction order in tenant's favor 16 months after HPD found no condition warranting a violation. The DHCR found a reduction in services based on the same sloping floor condition, and denied landlord's administrative appeal in a PAR decision.