BUILDING VIOLATIONS

Village Must Give Landlord Miranda Warning When Charging with Criminal Building Code Violations

July 20, 2017    

The Village of Westbury charged landlord of single-family home with criminal violation of 17 Building Code provisions involving construction, conversion, and renting without a permit, as well as electrical and...

HPD Order Directs Landlord to Replace Floor Joists and Water Supply Lines

May 30, 2017    

Landlord sued to vacate an Alternate Enforcement (AEP) order issued by HPD, which directed landlord to remove Housing Maintenance Code violations. The court ruled against landlord, who appealed and won in part. The...

Partial Use of Multiple Dwelling as Transient Hotel Violated C of O

February 10, 2017    

ECB ruled that landlord’s use of the building violated its certificate of occupancy, zoning rules, and the building code. Landlord filed an Article 78 appeal, claiming that ECB’s decision was unreasonable...

Schenectady Building Inspection Rules Are Constitutional

December 20, 2015    

Landlord sued the City of Schenectady, claiming that the City’s Rental Certificate Ordinance (RCO) violated the Fourth Amendment of the U.S. Constitution, which barred unreasonable search and seizure, as well...

Court Rejects HPD Vacate Order

September 22, 2015    

Tenants sued HPD to stop HPD from enforcing a vacate order issued on Dec. 9, 2014. HPD claimed that there were various unsafe conditions at the building. Tenants claimed that HPD’s inspection report was false...

Tenant Doesn't Have to Move Out During Correction of Violations

February 18, 2015    

Landlord sued to eject tenants from a six-apartment building, claiming that they weren't subject to rent stabilization. While the case was pending, landlord asked the court to order tenants to move out...

Tenant Didn't Give Access for Engineering Inspection

April 17, 2014    

Tenant sued landlord in an HP enforcement proceeding, claiming that there was a continual noise or vibration in her apartment. Landlord and tenant, by their attorneys, signed a stipulation in court. Tenant agreed to...

Tenant Can Join Mt. Vernon Building Department to Nonpayment Case

February 19, 2014    

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,...

Displaced Tenants Sue Landlord and HPD for Relocation Costs

December 16, 2013    

In November 2012, HPD inspected landlord's building and issued three Class "I" violations, which directed tenants to vacate their apartments. These orders followed prior HPD violations that were placed...

Bank Must Maintain Building in Foreclosure

October 13, 2013    

HPD brought two HP proceedings against Deutsche Bank, which held the mortgage for landlord's building and was in the process of foreclosing on the property. HPD claimed that the bank was responsible for...

Page
of 23Next