Did Landlord Fail to Cure Mold Violations?

June 22, 2021

LVT Number: #31478

Tenant sued landlord to obtain correction of building violations in his apartment. In October 2020, the trial court issued a decision, finding a Class B violation for mold in the foyer closet and a Class C violation for mold at the walls in the closet in the first room from the north. The court noted that HPD had issued other violations for a refrigerator gasket, painting throughout, a defective bell/buzzer/intercom, and a Class C violation to make the front door of the apartment self-closing.

Tenant sued landlord to obtain correction of building violations in his apartment. In October 2020, the trial court issued a decision, finding a Class B violation for mold in the foyer closet and a Class C violation for mold at the walls in the closet in the first room from the north. The court noted that HPD had issued other violations for a refrigerator gasket, painting throughout, a defective bell/buzzer/intercom, and a Class C violation to make the front door of the apartment self-closing. The court ordered landlord to correct Class A violations within 90 days, Class B violations within 30 days, and Class C violations within 14 days.

Tenant returned to court and asked that landlord be held in civil contempt for failing to correct violations as required by the trial court's decision. The court found that a hearing was needed to determine if landlord fulfilled its obligations under the trial decision, since landlord claimed it had completed all mold remediation. 

Jeffers v. River Park Residences: Index No. 13461/20, 2021 NY Slip Op 50461(U)(Civ. Ct. Bronx; 5/19/21; Ibrahim, J)

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