No Contempt Finding for Landlord Who Repaired Prior Violations

LVT Number: #28405

Owner of condo duplex unit sued landlord building owner in an HP proceeding, claiming contempt of court. He claimed that landlord failed to correct housing violations required by an earlier consent order in housing court. But the initial violations for which the unit owner sought contempt of court were removed and replaced by new violations. Unit owner claimed the new violations were close enough to the old violations that a contempt finding was warranted. The court disagreed.

Owner of condo duplex unit sued landlord building owner in an HP proceeding, claiming contempt of court. He claimed that landlord failed to correct housing violations required by an earlier consent order in housing court. But the initial violations for which the unit owner sought contempt of court were removed and replaced by new violations. Unit owner claimed the new violations were close enough to the old violations that a contempt finding was warranted. The court disagreed. While the unit owner claimed that large planters on a terrace were unsightly and blocked her view, landlord moved them there so that they wouldn't block an exit door. The court did order landlord to repair a leak, plastering, and painting on a ceiling.

Faber v. Loft 14 Condominium: Index No. 6099/14, NYLJ No. 1522359943 (Civ. Ct. NY; 3/9/18; Wendt, J)