Landlord Must Correct Continuous Lack of Hot Water

LVT Number: #30987

Building tenants brought an HP proceeding against landlord, claiming consistent lack of hot water with worsening conditions. Given the current COVID-19 pandemic, the court limited the matter to conditions alleged to be immediately hazardous and immediately affecting tenants' health and safety. Landlord argued that tenants failed to show that there were HPD violations and none used a thermometer to determine that hot water wasn't being provided. The court ruled for tenants, finding them credible.

Building tenants brought an HP proceeding against landlord, claiming consistent lack of hot water with worsening conditions. Given the current COVID-19 pandemic, the court limited the matter to conditions alleged to be immediately hazardous and immediately affecting tenants' health and safety. Landlord argued that tenants failed to show that there were HPD violations and none used a thermometer to determine that hot water wasn't being provided. The court ruled for tenants, finding them credible. There were HPD violations issued pre- and post- the date tenants started the court case. The court placed violations on two of three subject apartments for a continuous lack of hot water, issued orders to landlord to correct the conditions, and stated that failure to comply in a timely manner would subject landlord to contempt findings and civil penalties.

351-359 E. 163rd St. Tenants Ass/n v. E. 163 LLC: Index No. 13412/2019, NYLJ No. 1597117882 (Civ. Ct. Bronx; 7/15/20; Ibrahim, J)