HPD Must Correct Mold/Mildew Problem

November 1, 2001

LVT Number: 15359

Tenant sued landlord and HPD for apartment repairs. The court ordered HPD to correct a mold/mildew condition in tenant's apartment. HPD asked the court to vacate this order. HPD claimed that it could make such repairs but wasn't required to do so. The court ruled against HPD. Under the city's Emergency Repair Program, HPD makes repairs and corrects violations when a landlord can't or won't do so. Liens are then placed on the building for the cost of the repairs.

Tenant sued landlord and HPD for apartment repairs. The court ordered HPD to correct a mold/mildew condition in tenant's apartment. HPD asked the court to vacate this order. HPD claimed that it could make such repairs but wasn't required to do so. The court ruled against HPD. Under the city's Emergency Repair Program, HPD makes repairs and corrects violations when a landlord can't or won't do so. Liens are then placed on the building for the cost of the repairs. The court found that it had the authority to make HPD do these repairs under the Emergency Repair Program, to further the public policy of protecting tenants' health, safety, and well-being.

Aybar v. Tsionkas: NYLJ, 10/24/01, p. 23, col. 1 (Civ. Ct. Kings; Sikowitz, J)

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