Court Orders Landlord to Correct DOB and ECB Elevator Violations

February 24, 2021

LVT Number: #31244

Tenants sued landlord, seeking correction of elevator conditions at the building. The court ruled for tenants. Violation status reports showed three open ECB violations placed by DOB. Two of these were non-hazardous. The court noted that housing court could order correction of DOB violations. Under CPLR 409(b), the court ordered landlord to correct the class-1 violation within 14 days, and the other violations within 30 days. Landlord would be subject to a contempt finding and civil penalties if it failed to comply.

Tenants sued landlord, seeking correction of elevator conditions at the building. The court ruled for tenants. Violation status reports showed three open ECB violations placed by DOB. Two of these were non-hazardous. The court noted that housing court could order correction of DOB violations. Under CPLR 409(b), the court ordered landlord to correct the class-1 violation within 14 days, and the other violations within 30 days. Landlord would be subject to a contempt finding and civil penalties if it failed to comply.

Beltre v. Carroll Place Assoc. LLC: 69 Misc.3d 1215(A), 2020 NY Slip Op 51348(U), NYLJ No. 1610481598 (Civ. Ct. Bronx; 11/18/20; Ibrahim, J)

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