Court Won't Dismiss HP Proceeding Against NYCHA Based on Unreported HPD Violations

June 27, 2022

LVT Number: #32107

Tenant sued landlord in an HP proceeding, seeking an order to correct housing violations as well as a finding that landlord had harassed her. In response to the case, HPD inspected and found 13 unreported violations. Landlord asked the court to dismiss the case. The court ruled against landlord, finding that although HPD inspections weren't technically filed as recorded violations against a related city agency, the violation results still could be accepted as proof as to apartment conditions witnessed by HPD. The court scheduled a conference for the case.

Tenant sued landlord in an HP proceeding, seeking an order to correct housing violations as well as a finding that landlord had harassed her. In response to the case, HPD inspected and found 13 unreported violations. Landlord asked the court to dismiss the case. The court ruled against landlord, finding that although HPD inspections weren't technically filed as recorded violations against a related city agency, the violation results still could be accepted as proof as to apartment conditions witnessed by HPD. The court scheduled a conference for the case.

Wiles v. NYCHA-Pomonok Houses: Index No. HP688/2021, 2022 NY Slip Op 22161, NYLJ No. 1653372384 (Civ. Ct. Queens; 5/13/22; Kuzniewski, J)

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