Landlord Shows No Reasonable Excuse for Default in HP Proceeding

Tenant brought an HP proceeding seeking correction of violations and for a finding of harassment. In January 2022, the court issued a default order to restore heat. The order cited an HPD class "C" violation for lack of heat and reserved tenant's right to seek civil penalties and to restore her harassment claims. Tenant later sought an order of civil contempt against landlord for failure to correct the violations and, again on default, found landlord to be in contempt, made a finding of harassment, and set the matter down for a hearing on penalties. Landlord then filed a motion seeking to vacate the two default judgments. Landlord claimed improper service but demonstrated no reasonable excuse for its default or a potentially meritorious defense to the HP action. The court ordered a hearing on attorney's fees for tenant.

Lucas v. Forlader: Index No. L&T 308904/21, 2022 NY Slip Op 33747(U)(Civ. Ct. Queens; 10/27/22; Guthrie, J)