Court Appoints Special Master to Enforce Mold Remediation

January 19, 2016

LVT Number: #26712

Public housing tenants brought a class action against landlord NYCHA in federal court under the Americans with Disabilities Act (ADA). They claimed that NYCHA failed to abate mold and excessive moisture in their apartments. In April 2014, NYCHA signed a consent decree and agreed to take steps to remediate the conditions. Tenants later claimed that NYCHA had failed to make the promised repairs. The court ruled for tenants in part and granted a special master to monitor NYCHA’s compliance with the consent decree. But the court refused to grant the requested sanctions.

Public housing tenants brought a class action against landlord NYCHA in federal court under the Americans with Disabilities Act (ADA). They claimed that NYCHA failed to abate mold and excessive moisture in their apartments. In April 2014, NYCHA signed a consent decree and agreed to take steps to remediate the conditions. Tenants later claimed that NYCHA had failed to make the promised repairs. The court ruled for tenants in part and granted a special master to monitor NYCHA’s compliance with the consent decree. But the court refused to grant the requested sanctions. Tenants sought $10,000 for each apartment where mold reoccurred. Although NYCHA didn’t diligently address the conditions, the court found no willful misconduct or bad faith.

 

 

 
Baez v. NYCHA: Index No. 13CV8916, NYLJ No. 1202745485095 (SDNY; 1215/15; Pauley III, DJ)

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