Fine Against Landlord Revoked

LVT Number: 11500

HPD sued landlord for not providing heat to tenant's apartment. The court ruled for HPD and fined landlord $7,500. Landlord appealed. At the trial, tenant said that he never filed a complaint and that on the supposed inspection date neither he nor his wife saw an inspector. And the name of tenant who supposedly called in the complaint wasn't even close to the name of tenant whose apartment was supposedly inspected. The appeals court ruled for landlord and revoked the fine. The trial court's ruling wasn't supported by the evidence.

HPD sued landlord for not providing heat to tenant's apartment. The court ruled for HPD and fined landlord $7,500. Landlord appealed. At the trial, tenant said that he never filed a complaint and that on the supposed inspection date neither he nor his wife saw an inspector. And the name of tenant who supposedly called in the complaint wasn't even close to the name of tenant whose apartment was supposedly inspected. The appeals court ruled for landlord and revoked the fine. The trial court's ruling wasn't supported by the evidence.

HPD v. Canada Leasing Co.: NYLJ, p. 30, col. 5 (5/27/97) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)