Fines and Jail Time Imposed for Not Correcting Violations

Facts: Tenants sued landlord to get building repairs. HPD intervened. Both HPD and DOB issued vacate orders for the building based on many hazardous violations. They claimed that the building was uninhabitable. In July 2003, the court ordered landlord to correct the hazardous violations within seven days. HPD later asked the court to hold landlord in criminal and civil contempt for not correcting the violations. Landlord claimed that he complied with the court order. But there was no record of correction at HPD. Landlord also claimed that DOB prevented landlord from complying with the court order by issuing stop-work orders. Court: HPD wins. Landlord didn't correct hazardous violations and his noncompliance was willful. DOB correctly issued stop-work orders when landlord was performing repair work illegally and unsafely, resulting in ECB violations. Landlord was fined over $150,000 for conditions including a serious water leak caused by a defective roof, exposed electrical wires, a staircase in danger of collapse, accumulated rubbish, and a defective heating system. Landlord also was sentenced to 10 days in jail.

Allen v. Rosenblatt: NYLJ, 1/12/05, p. 20, col. 1 (Civ. Ct. NY; Lebovits, J)