Civil Court Can't Relocate Tenant During Building Renovations

December 1, 2006

LVT Number: 19285

Tenant sued landlord, seeking correction of 321 building violations. Landlord asked the court to order tenant to move out while it renovated the building. Landlord claimed that the building was unsafe and that the court had the authority under the Civil Court Act to force tenant to move out temporarily. The court ruled against landlord, finding no specific authority in the law to make tenant move. The court noted that HPD and DOB did have the authority to issue vacate orders. However, both agencies had inspected the building and neither had issued vacate orders.

Tenant sued landlord, seeking correction of 321 building violations. Landlord asked the court to order tenant to move out while it renovated the building. Landlord claimed that the building was unsafe and that the court had the authority under the Civil Court Act to force tenant to move out temporarily. The court ruled against landlord, finding no specific authority in the law to make tenant move. The court noted that HPD and DOB did have the authority to issue vacate orders. However, both agencies had inspected the building and neither had issued vacate orders.

Huffman v. 214 21st St. Realty: NYLJ, 11/6/06, p. 24, col. 1 (Civ. Ct. Kings; Gonzales, J)

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