Condo Unit Owner Can't Sue for Harassment Under Housing Maintenance Code

A condominium unit owner who lived in the unit sued the condo association in an HP housing court proceeding that claimed violations of the Housing Maintenance Code. The unit owner claimed harassment and conditions relating to leaks and vermin infestation. The condo association asked the court to dismiss the case.

The court ruled for the condo association in part. Although the Second Dept. has recognized that condominiums are not exempt from the general requirements of NYC Admin. Code Article 27, NYC Admin. Code Section 27, 2115(n) specifically provides that the harassment provisions of the Housing Maintenance Code don't apply where either the condo unit owner or anyone lawfully entitled to reside in the unit, lives there. So the harassment claim must be dismissed. But the claims based on unit conditions are common element conditions that, if proven as violations, are grounds for an order to correct under NYC Admin. Code Section 27-2115(h)(1). And the condo's bylaws provide that "all maintenance, repairs and replacements to the common elements shall be made by the Board of Managers." A trial was needed to determine the facts and whether the law applied. 

Burden v. Glenridge Mews Condo: Index No. L&T 302717/22, 2022 NY Slip Op 22163 (Civ. Ct. Queens; 5/23/22; Guthrie, J)