HPD Hot Water Violation Dismissed

(Decision submitted by Jason D. Boroff of the Manhattan law firm of Jason D. Boroff & Associates PLLC, who represented the landlord.)

HPD sued landlord for a hot water violation. Landlord asked the court to dismiss the case and the violation. Landlord claimed that the Oct. 17, 2012, inspection conducted at the building was done and reported improperly. HPD's inspector placed the hot water violation in apartment 3A at 2:21 p.m. But landlord's security camera placed entry into the apartment at 3:04 p.m. Landlord's security company, an outside contractor, stated that the security tapes were tamper-proof. Landlord pointed out that the 72-unit building had very few violations and claimed that the tenant of apartment 3A didn't file any complaint.

The court ruled for landlord. The violation stated that the water temperature in the apartment was 112 degrees, 8 degrees below the 120-degree standard set by the Housing Maintenance Code. The inspection couldn't have taken place at 2:21 p.m. when the inspector didn't enter the building until after 3 p.m. HPD also failed to attach a copy of any complaint by tenant to its court papers. The tenant also refuted the inspector's statement as to how he conducted the inspection. 

HPD v. A&E Tiebout Realty, LLC: Index No. HP75873/12 (Civ. Ct. Bronx; 5/22/13; Klein, J) [2-pg. doc.]