Landlord in Contempt of Court for Not Correcting Apartment Violations

LVT Number: #31343

Tenant sued landlord in housing court, seeking correction of violations in tenant's apartment. At some point after landlord failed to comply with the court's order to correct violations, tenant asked the court to hold landlord in civil contempt of court. Landlord claimed that it didn't willfully disobey the court's November 2020 order and that all repairs were done in September and October 2020, including installation of a hot water tank. Landlord admitted that gas wasn't restored but said it was waiting for Con Ed to install a gas meter.

Tenant sued landlord in housing court, seeking correction of violations in tenant's apartment. At some point after landlord failed to comply with the court's order to correct violations, tenant asked the court to hold landlord in civil contempt of court. Landlord claimed that it didn't willfully disobey the court's November 2020 order and that all repairs were done in September and October 2020, including installation of a hot water tank. Landlord admitted that gas wasn't restored but said it was waiting for Con Ed to install a gas meter. The court ruled for tenant and ordered a hearing for damages based on landlord's contempt of court. Although landlord claimed compliance, new violations were issued when HPD re-inspected the apartment after landlord claimed repairs were completed.

Hercules v. Bethel Capital LLC: 70 Misc.3d 1221(A), 2021 NY Slip Op 50185(U), NYLJ No. 1616599568 (Civ. Ct. Bronx; 3/9/21; Ibrahim, J)