Court Holds Landlord in Contempt for Failing to Appear or Correct Violations
LVT Number: #32935
Tenant sued landlord in a Housing Court HP proceeding to obtain corrections of apartment conditions. Tenant also claimed harassment by landlord. Tenant and landlord both appeared on the first court date on March 20, 2023. The case was adjourned to April 24, 2023. Landlord failed to appear on that date. The court issued a default order and notice of violation. Tenant withdrew his harassment claim without prejudice. Tenant then filed an Order to Show Cause, seeking civil contempt against landlord for failure to comply with the court's April 24 order. The landlord again failed to appear in court on July 10, 2023. And landlord never substantially complied with the court's April order. Tenant was still out of possession due to DOB's Vacate Order, which was issued before tenant brought the proceeding. The court found landlord to be in civil contempt of its April 2023 order and set the matter down for an attorney's fees hearing. The court would also then impose an order directing a penalty for contempt.
Strysower v. Oiring: Index No. 303493/2023, 2023 NY Slip Op 33639(U)(Civ. Ct. Queens; 9/29/23; Thermos, J)