Loft Tenant Can Sue DOB and Loft Board

Loft tenant sued landlord, HPD, DOB, and the NYC Loft Board in housing court, seeking repairs and correction of building violations. DOB and the Loft Board asked the court to dismiss the HP proceeding as against them, claiming that tenant couldn't seek relief against them in housing court. The court ruled against the agencies. Housing court has jurisdiction in an HP proceeding over violations issued by DOB or ECB and to address repairs. The Loft Board also was a proper party. Landlord argued that tenant wasn't a residential tenant. But tenant had a pending coverage application before the Loft Board and was entitled to bring the HP proceeding as an occupant. Tenant also had the right to seek an order to correct the conditions that resulted in a vacate order issued by DOB. 

Rivellina v. Rolf: 2014 NY Slip Op 50445(U), 2014 WL 1227175 (Civ. Ct. NY; 3/25/14; Kraus, J)