HPD Order Directs Landlord to Replace Floor Joists and Water Supply Lines

May 30, 2017

LVT Number: #27709

Landlord sued to vacate an Alternate Enforcement (AEP) order issued by HPD, which directed landlord to remove Housing Maintenance Code violations. The court ruled against landlord, who appealed and won in part. The appeals court vacated the portion of the AEP order that directed replacement of floor joists in three apartments, since there were no prior floor violations in those apartments. Otherwise, the record supported findings of floor violations in three other apartments and for leaks in half of the apartments in the building.

Landlord sued to vacate an Alternate Enforcement (AEP) order issued by HPD, which directed landlord to remove Housing Maintenance Code violations. The court ruled against landlord, who appealed and won in part. The appeals court vacated the portion of the AEP order that directed replacement of floor joists in three apartments, since there were no prior floor violations in those apartments. Otherwise, the record supported findings of floor violations in three other apartments and for leaks in half of the apartments in the building. HPD properly ordered landlord to replace water supply lines. Although landlord's expert disagreed with HPD's inspector as to what was needed, this was insufficient to rebut HPD's determination.

620 West 182nd St. Heights v. HPD: 2017 NY Slip Op 02952, 2017 WL 1377899 (App. Div. 1Dept.; 4/18/17; Friedman, JP, Renwick, Moskowitz, Feinman, Kapnick, JJ)

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