DHCR Can't Impose Cumulative Fines

November 1, 1994

LVT Number: 9214

Facts: Tenant complained of defects in his apartment, and the DRA cut his rent. The DRA also ordered landlord to make repairs to tenant's apartment within 30 days, and warned landlord that he'd incur further penalties for not doing so. Two years later, tenant told the DHCR that landlord still hadn't made the repairs. A DHCR inspector found that landlord had made some, but not all, of the repairs. The DRA fined landlord $3,000---$1,000 for not repairing four of the defects ($250 per violation), and $2,000 for the additional two years during which the four defects remained unfixed.

Facts: Tenant complained of defects in his apartment, and the DRA cut his rent. The DRA also ordered landlord to make repairs to tenant's apartment within 30 days, and warned landlord that he'd incur further penalties for not doing so. Two years later, tenant told the DHCR that landlord still hadn't made the repairs. A DHCR inspector found that landlord had made some, but not all, of the repairs. The DRA fined landlord $3,000---$1,000 for not repairing four of the defects ($250 per violation), and $2,000 for the additional two years during which the four defects remained unfixed. Landlord appealed, asking the court to either set aside the DHCR's order or to reduce the penalty. The court reduced the fine to $1,000, ruling that the DHCR can only charge a $250 fine for each violation of the repair order. The DHCR appealed, arguing that it could impose cumulative fines for the additional two years. Court: The DHCR can't impose an additional fine for the two years during which the defects remained unfixed. The mere passage of time doesn't constitute a subsequent offense.

Koch v. State of New York Division of Housing and Community Renewal: NYLJ, p. 28, col. 3 (10/26/94) (Ct. App. NY; Kaye, CJ, Simons, Titone, Bellacosa, Smith, Levine, Ciparick, JJ)

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