Tenant Can Join Mt. Vernon Building Department to Nonpayment Case

LVT Number: #25355

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that it had an oral lease with tenant, by which tenant agreed to pay a monthly rent of $800. Landlord said that tenant owed $4,075. Tenant asked the court to join the City of Mount Vernon Building Department in the case, to compel landlord to make repairs, and to compel the Building Department to monitor and enforce landlord's compliance with the building code. The city opposed tenant's request.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that it had an oral lease with tenant, by which tenant agreed to pay a monthly rent of $800. Landlord said that tenant owed $4,075. Tenant asked the court to join the City of Mount Vernon Building Department in the case, to compel landlord to make repairs, and to compel the Building Department to monitor and enforce landlord's compliance with the building code. The city opposed tenant's request.

Tenant claimed that the Building Department had been issuing violations on the apartment since at least 2009. In 2013, 15 violations were issued due to a collapsed kitchen ceiling, roof leak, roach and mice infestation, and lack of smoke detectors. The Building Department issued a vacate order in July 2013 declaring the building unsafe. Tenant was thereby evicted and had since lived in a homeless shelter. Tenant claimed that hers was the only apartment that landlord hadn't repaired so that she could return. The DHCR had issued a rent reduction order in tenant's favor, which reduced her rent to $1 per month until it was restored to habitable condition.

The court ruled for tenant. Uniform City Court Act (UCCA) Section 203(d) permitted tenant or landlord to add a municipal agency at the court's discretion in order to effect proper housing maintenance standards and promote the public interest. The UCCA also gave the court limited power for injunctive relief. The court joined the Building Department as a party, and ordered a future status conference on the progress of repairs. The court held off on ordering landlord to complete the work within a specified time absent a clear showing of bias or discrimination.

Vernon Randolph, LLC v. Aharca: 42 Misc.3d 1216(A), 2014 NY Slip Op 50050(U) (City Ct Mt Vernon; 1/23/14; Seiden, J)