Criminal Contempt Finding Vacated

June 30, 1995

LVT Number: 9806

HPD sued landlord to correct building violations. Landlord didn't comply with an order to correct 121 violations, including ones for inadequate heat and hot water, and a defective entrance door lock. HPD later asked the court to hold landlord in criminal contempt. The court ruled for HPD and ordered a 30-day jail term for landlord. Landlord appealed. The appeals court ruled for landlord. HPD had to personally serve landlord with the contempt motion papers to get a finding of criminal contempt.

HPD sued landlord to correct building violations. Landlord didn't comply with an order to correct 121 violations, including ones for inadequate heat and hot water, and a defective entrance door lock. HPD later asked the court to hold landlord in criminal contempt. The court ruled for HPD and ordered a 30-day jail term for landlord. Landlord appealed. The appeals court ruled for landlord. HPD had to personally serve landlord with the contempt motion papers to get a finding of criminal contempt. Since there was no personal service in this case, the landlord could be held for civil contempt only. And with no criminal contempt finding, landlord can't be sentenced to jail.

HPD v. B.B. Am Holdings: NYLJ, p. 28, col. 4 (6/22/95) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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