Displaced Tenants Sue Landlord and HPD for Relocation Costs

In November 2012, HPD inspected landlord's building and issued three Class "I" violations, which directed tenants to vacate their apartments. These orders followed prior HPD violations that were placed on these apartments. The vacate orders were based on conditions that included structural instability, sagging floors, and cracking plaster walls. Tenants moved out, and in October 2013 sued landlord and HPD, claiming that the violations hadn't been corrected. Tenants sought relocation expenses and other penalties. Landlord asked the court to dismiss the case outright.

The court ruled against landlord and directed it to answer tenants' petition. NYC Admin. Code 27-2115(f) calls for the court to direct a landlord to correct violations after the time to do so has expired. Landlord claimed that it was HPD's responsibility to provide relocation services to tenants. But, by law, the housing court could order landlord to pay relocation expenses both to tenants and to HPD. Tenants could proceed with their claims.

Gonzalez v. Kwik Realty LLC: Index No. 1912/13, NYLJ No. 1202629074041 (Civ. Ct. Kings; 11/8/13; Gonzalez, J)