Landlord Corrected DOB Violation in Response to Tenant Complaint

June 21, 2021

LVT Number: #31444

Tenants sued landlord, seeking correction of building conditions. The court ordered landlord to correct all HPD violations in January 2021, but didn't address DOB or ECB violations. Tenants went back to court and asked for another order directing correction of a DOB violation concerning elevator service. Landlord pointed out that it had replaced the elevator, that there were later problems due to a defective Con Edison meter bank, but that this was now corrected. The court agreed with tenants that it had the continued authority to issue an additional order.

Tenants sued landlord, seeking correction of building conditions. The court ordered landlord to correct all HPD violations in January 2021, but didn't address DOB or ECB violations. Tenants went back to court and asked for another order directing correction of a DOB violation concerning elevator service. Landlord pointed out that it had replaced the elevator, that there were later problems due to a defective Con Edison meter bank, but that this was now corrected. The court agreed with tenants that it had the continued authority to issue an additional order. But since landlord had corrected the DOB violation, it was a moot point, and the case was dismissed.

137 W. 141st Street Tenants Association v. 137 W 141 LLC: Index No. 305578/20, NYLJ No. 1620767832 (Civ. Ct. NY; 5/3/21; Ortiz, J)

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