Landlord Didn't Complete Repairs by Court-Ordered Deadline
LVT Number: #31123
Tenant sued landlord in an HP proceeding, seeking apartment repairs so that he could be restored to possession of the unit. Landlord and tenant signed a settlement agreement in court by which landlord agreed to have the apartment ready for tenant by May 2020. When landlord failed to comply, tenant asked the court to find landlord in contempt for noncompliance. Landlord argued that delays were beyond its control due to the shutdown citywide of nonessential construction during the COVID-19 pandemic.
The court ruled for tenant. Tenant had been unable to occupy the apartment since 2012, and the settlement agreement permitted landlord to request an extension of time to perform by showing its good faith efforts to meet the deadline and that its failure to comply was beyond its control. But landlord never requested any additional time from the court. Tenant's rights were significantly impaired by landlord's failure to complete repairs by the deadline. The court ordered that a hearing be held to determine the amount of damages landlord must pay.
Cook v. Fairfax Mgmt. Corp.: Index No. HP2046/18, NYLJ No. 1606132794 (Civ. Ct. NY; 11/17/20; Chinea, J)