Landlord Held in Civil Contempt for Noncompliance with Court Order

LVT Number: #32328

Tenants sued landlord, seeking a finding of contempt against landlord for violating a March 25, 2022, court order to make repairs and pay a $212,455 penalty for failure to timely correct the violations. Tenant also sought a finding of civil and criminal contempt of court. The court ruled for tenant in part. The prior order clearly was served on landlord, who had defaulted, and tenant was prejudiced by landlord's failure to correct housing code violations. The court held landlord in civil contempt and issued a bench warrant.

Tenants sued landlord, seeking a finding of contempt against landlord for violating a March 25, 2022, court order to make repairs and pay a $212,455 penalty for failure to timely correct the violations. Tenant also sought a finding of civil and criminal contempt of court. The court ruled for tenant in part. The prior order clearly was served on landlord, who had defaulted, and tenant was prejudiced by landlord's failure to correct housing code violations. The court held landlord in civil contempt and issued a bench warrant. But the court found no criminal contempt because tenant didn't show that landlord's conduct was willful.

HPD v. Stark: Index No. 301983/22, NYLJ 10/26/22, p. 17, col. 2 (Civ. Ct. Kings; 10/18/22; Smith, J)