Landlord's Agent Liable for Damages

Facts: Tenants sued corporate landlord and landlord's named agent for damages after they were forced to move out of their building because it wasn't safe. HPD had sued prior landlord in 1980 for not correcting violations and had appointed a 7-A administrator. Since that time, current landlord had bought the building, and the building's management was eventually turned back over to landlord. Still, repairs weren't made. Landlord kept a number of apartments vacant, and claimed there wasn't enough building income to make repairs. A large crack in the building facade forced tenants to move out for safety reasons. Landlord's agent claimed that he wasn't personally liable for damages, and asked the court to dismiss the case against him. Court: Landlord loses. The state's highest court had already affirmed contempt citations against both landlord and landlord's agent. It was already established in the prior proceedings that corporate landlord and its agent, a corporate principal, bought the building with knowledge of the structural defect and wouldn't make repairs. Landlord's agent actively participated in the continued neglect of the building that resulted in the unsafe condition forcing tenants out. Landlord's agent was responsible for repairs. Under the Housing Maintenance Code, he is deemed an owner or person in control of the premises.

Lopez v. 352 Cathedral Equities: NYLJ, p. 22, col. 2 (1/12/94) (Sup. Ct. NY; Freedman, J)