HPD's Placement of Landlord's Buildings in Heat Sensor Program Upheld
LVT Number: #33494
HPD directed inclusion of 10 buildings owned by landlord in the Heat Sensor program, which was created under Local Law 18 of 2020 and which required selected landlords to install internet-capable heat sensors to monitor compliance with heating regulations during the cold season, based on a history of heat violations or recurring tenant complaints. Landlord filed an Article 78 court appeal of HPD's decision, claiming it was arbitrary and unreasonable.
The court ruled against landlord. HPD's determination to include landlord's buildings in the Heat Sensor Program was based on tenant complaints and documented heat violations. The decision was neither arbitrary nor capricious, and landlord hadn't demonstrated that HPD violated landlord's due process rights, the state Administrative Procedure Act, or that it imposed penalties beyond what is legally permissible. Landlord's appeal was denied, and landlord was directed to meet full compliance with the Heat Sensor Program on or before Jan. 15, 2025.
V&S 179 LLC v. HPD: Index No. 814557/2024, 2024 NYLJ LEXIS 3694 (Sup. Ct. Bronx; 11/21/24; Fernandez, J)