Housing Court Can Direct Landlord to Correct Violations in Loft Building

March 28, 2022

LVT Number: #31901

Loft tenant sued landlord in Housing Court and sought an order directing landlord and HPD to correct building violations under the Housing Maintenance Code (HMC). The court ruled for tenant, finding that the Housing Court had jurisdiction to issue orders to correct HMC violations for buildings subject to the Loft Law. The court ordered landlord and HPD to address claims raised solely in Housing Court. But the court dismissed the portion of tenant's claims that were substantially similar to those pending before the Loft Board.

Loft tenant sued landlord in Housing Court and sought an order directing landlord and HPD to correct building violations under the Housing Maintenance Code (HMC). The court ruled for tenant, finding that the Housing Court had jurisdiction to issue orders to correct HMC violations for buildings subject to the Loft Law. The court ordered landlord and HPD to address claims raised solely in Housing Court. But the court dismissed the portion of tenant's claims that were substantially similar to those pending before the Loft Board. If landlord failed to correct conditions to correct violations within the time limits set forth in the HMC, it would be subject to civil penalties.

Kim v. United American Land Inc.: Index No. 6025-21, 2022 NY Sli Op 22016, NYLJ No. 1643615144 (Civ. Ct. NY; 1/20/22; Bacdayan, J)

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