HPD Can't Start Second Contempt Proceeding Against Landlord

February 1, 1993

LVT Number: 6691

Facts: In March 1990, landlord consented to a court order by which he agreed to correct all violations at an apartment building. HPD later claimed that landlord hadn't complied with the order. In February 1991, HPD sued landlord for contempt, claiming that landlord had failed to correct 33 specific violations. That action was dismissed for lack of proof. HPD then brought a second contempt action against landlord. Landlord claimed that HPD was raising the same issues it raised in the dismissed case. Court: HPD can't seek a second contempt finding.

Facts: In March 1990, landlord consented to a court order by which he agreed to correct all violations at an apartment building. HPD later claimed that landlord hadn't complied with the order. In February 1991, HPD sued landlord for contempt, claiming that landlord had failed to correct 33 specific violations. That action was dismissed for lack of proof. HPD then brought a second contempt action against landlord. Landlord claimed that HPD was raising the same issues it raised in the dismissed case. Court: HPD can't seek a second contempt finding. All the violations raised in the second action were either raised in the first action or known to HPD before HPD brought the first action. To allow HPD to bring repeated actions would be an abuse of process.

[Dept. of HPD v. Ieraci: NYLJ, p. 27, col. 1 (1/8/93) (Civ. Ct. Kings; Reichbach, J)].

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