Criminal Contempt Order Vacated

June 30, 1993

LVT Number: 7086

HPD sued landlord to get repairs at a building. The court ordered landlord to correct violations, including heat violations. HPD later got a criminal contempt order against landlord for not providing heat. Landlord appealed, and the appeals court found that landlord didn't willfully violate the court order. HPD didn't prove beyond a reasonable doubt that landlord didn't provide heat. There was sporadic heat and hot water. The criminal contempt order was revoked. Landlord was still held in civil contempt.

HPD sued landlord to get repairs at a building. The court ordered landlord to correct violations, including heat violations. HPD later got a criminal contempt order against landlord for not providing heat. Landlord appealed, and the appeals court found that landlord didn't willfully violate the court order. HPD didn't prove beyond a reasonable doubt that landlord didn't provide heat. There was sporadic heat and hot water. The criminal contempt order was revoked. Landlord was still held in civil contempt.

Dept. of Housing Preservation and Development v. 1505 Townsend Avenue Realty: NYLJ, p. 21, col. 4 (6/30/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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