Landlord Must Provide Alternate Housing

LVT Number: 9882

Tenant sued landlord to get alternate housing while his apartment was uninhabitable. Tenant's apartment had been damaged by a serious fire in the building. Tenant had to move out and hadn't been relocated by landlord. Landlord claimed that tenant couldn't seek relocation through the ''H.P.'' court action that tenant commenced. H.P. actions are generally brought by tenants to obtain correction of violations. The court ruled for tenant.

Tenant sued landlord to get alternate housing while his apartment was uninhabitable. Tenant's apartment had been damaged by a serious fire in the building. Tenant had to move out and hadn't been relocated by landlord. Landlord claimed that tenant couldn't seek relocation through the ''H.P.'' court action that tenant commenced. H.P. actions are generally brought by tenants to obtain correction of violations. The court ruled for tenant. The court was authorized under various sections of the Civil Court Act and Real Property Actions and Proceedings Law to enforce state and local laws for the establishment and maintenance of housing standards. The court was authorized to order landlord to provide temporary alternate housing until tenant could move back into his apartment.

Westcott v. NYC Housing Authority: NYLJ, p. 23, col. 1 (7/26/95) (Civ. Ct. Bronx; Sherman, J)