Landlord Claims Economic Infeasibility in Tenant Case Seeking Correction of Violations

Displaced tenants sued landlord, seeking correction of conditions at their building. DOB had issued a vacate order in November 2020 due to a fire. Landlord raised a number of defenses, and tenants asked the court to strike them. The court ruled for tenants in part. Landlord claimed that building conditions didn't constitute violations of the Housing Maintenance Code, but there were at least 78 HPD violations at the building that violated the HMC. Landlord's defenses of laches, estoppel, and waiver didn't apply to an order to correct violations in an HP proceeding. So those defenses were stricken. But landlord also claimed economic infeasibility, claiming that the cost of correcting housing code violations would likely exceed the building's value after repairs. If proven, this was a defense to the petition for violation correction. A trial was needed to determine the facts.

Turco v. Novita LLC: Index No. 962/20, 2021 NY Slip Op 31257(U), NYLJ No. 1617778273 (Civ. Ct. NY; 4/5/21; Ortiz, J)