Landlord Falsely Certified Correction of Violations

LVT Number: 11864

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed constructive eviction based on conditions in the apartment and the building. Landlord claimed no repairs were necessary and produced HPD violation notices on which tenant had signed statements that repairs were completed. Tenant claimed he signed the statements only after landlord threatened to beat him up. An inspection confirmed that a number of violations still existed, including some that were hazardous. The court gave tenant a 10-month rent abatement against the back rent owed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed constructive eviction based on conditions in the apartment and the building. Landlord claimed no repairs were necessary and produced HPD violation notices on which tenant had signed statements that repairs were completed. Tenant claimed he signed the statements only after landlord threatened to beat him up. An inspection confirmed that a number of violations still existed, including some that were hazardous. The court gave tenant a 10-month rent abatement against the back rent owed. But the court also notified HPD that it should consider bringing a false certification action against landlord. The district attorney was also advised so it could consider criminal sanctions against landlord. The court also scheduled a sanctions hearing to decide whether fines and costs should be imposed on landlord for frivolous conduct and behavior designed to injure tenant.

Cho v. Wong: NYLJ, p. 33, col. 6 (10/22/97) (Civ. Ct. Kings; Callender, J)