Hearing Needed to Determine Penalties on Hot Water Violations
LVT Number: #32138
HPD sued landlord, seeking an order to correct violations and assessment of civil penalties. In December 2021, a Consent Order was issued directing landlord to provide hot water at the building. The Consent Order stated that HPD could seek additional civil penalties if landlord defaulted. HPD later claimed that landlord had defaulted based on an inadequate supply of cold water.
The court ruled for HPD in part. The Consent Order provided for additional penalties for hot water violations, not for cold water violations. So no additional penalties were awarded for the cold water violation. But in January and February 2022, HPD placed "C" violations for inadequate hot water in two apartments. So additional civil penalties could be warranted, although landlord claimed that it promptly corrected the conditions. A hearing was ordered to determine how much penalties were involved and whether landlord avoided any enhanced penalties by prompt correction of violations.
HPD v. Rosenfeld: Index No. 300953/2021, 2022 NY Slip Op 50480(U)(Civ. Ct. Kings; 6/10/22; Stoller, J)