Landlord Held in Contempt with Daily Fines for Lead Paint Violations

July 22, 2019

LVT Number: #30247

Tenant sued landlord, seeking correction of Housing Maintenance Code violations. The court directed landlord to cure lead paint violations in the apartment, where tenant lived with a child under the age of 7. Tenant later asked the court to hold landlord in contempt because the condition hadn't been cured. The court ruled for tenant. Landlord hadn't completed abatement of the lead paint conditions in the time allowed to correct conditions. Landlord imposed a $250 daily fine, payable by landlord to tenant, for every day after June 7, 2019, that the violations remained uncorrected.

Tenant sued landlord, seeking correction of Housing Maintenance Code violations. The court directed landlord to cure lead paint violations in the apartment, where tenant lived with a child under the age of 7. Tenant later asked the court to hold landlord in contempt because the condition hadn't been cured. The court ruled for tenant. Landlord hadn't completed abatement of the lead paint conditions in the time allowed to correct conditions. Landlord imposed a $250 daily fine, payable by landlord to tenant, for every day after June 7, 2019, that the violations remained uncorrected. The court also ruled that landlord could avoid the contempt and fines by correcting the violations by June 13.

Castillo v. Banner Grp.: 63 Misc.3d 1235(A), 2019 NY Slip Op 50897(U) (Civ. Ct. NY; 6/6/19; Stoller, J)

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