Court Upholds City's Order That Landlord Repair Building Rather Than Demolish It

The City of New York sued landlord in 2020, seeking abatement of a public nuisance by making building repairs. The court ruled for the city and directed landlord to make permanent repairs. Landlord asked the court to reconsider this decision in light of claimed new facts that would require that the building be demolished rather than repaired.

The court ruled against landlord. Landlord had a duty to exercise reasonable care in maintaining its property in a safe condition and to protect the remaining rent-regulated tenant who lived in the building. The city already had determined that the building could be repaired and offered specifics as to how those repairs could be made, in order to avoid depriving a rent-regulated tenant of their home. The fact that DOB may have approved landlord's demolition plans didn't mean that the city or DOB believed that demolition was necessary or even appropriate. And the fact that landlord had applied to the DHCR for permission to withhold renewing tenant's lease and to demolish the building didn't mean that landlord's request would be granted or survive challenge. It also appeared that landlord hadn't taken steps to comply with the court's prior orders to make repairs, which could drive conditions to the point where demolition would actually be necessary. There also was no proof that landlord had sought judicial review of DOB's prior administrative determinations directing landlord to make repairs. So landlord was obligated to obey and perform the permanent repairs ordered. The court noted that it wouldn't order any further action by the city until the city specifically made a motion seeking authorization to perform the ordered repairs itself.

City of New York v. Goldman: Index No. 452058/2020, NYLJ 6/25/24, p.17, col. 2 (Sup. Ct. NY; 6/17/24; d'Auguste, J)