Tenant Can Seek Relocation Expenses in HP Proceeding

LVT Number: #26145

Tenant brought an HP proceeding against landlord, seeking correction of building violations. Landlord, tenant, and HPD signed a Consent Order for correction of the violations issued by HPD in November 2014 and a condition underlying a DOB vacate order that was issued in December 2014. In January 2015, tenant filed a request to amend his petition in order to seek relocation assistance from landlord. Landlord argued that housing court didn't have the authority to order relocation services or reimbursement to tenant and asked the court to deny tenant's request.

Tenant brought an HP proceeding against landlord, seeking correction of building violations. Landlord, tenant, and HPD signed a Consent Order for correction of the violations issued by HPD in November 2014 and a condition underlying a DOB vacate order that was issued in December 2014. In January 2015, tenant filed a request to amend his petition in order to seek relocation assistance from landlord. Landlord argued that housing court didn't have the authority to order relocation services or reimbursement to tenant and asked the court to deny tenant's request. The court ruled against landlord. NYC Civil Court Act Section 110(c) gave the housing court broad jurisdiction to establish and maintain housing standards. Relocation expenses have been recognized as a viable claim in an HP proceeding. Tenant can amend his petition, and landlord must answer.

Revilla v. 620 West 182nd Street Heights Associates LLC: 47 Misc.3d 1211(A), 2015 NY Slip Op 50556(U) (Civ. Ct. NY; 4/7/15; Gonzales, J)