Landlord Didn't Comply with Order to Correct Violations

December 1, 2005

LVT Number: 18492

The housing court determined that there were long-standing hazardous violations and ''deplorable'' conditions in landlord's building. The court ordered landlord to correct the violations. Later, when landlord hadn't done so, the court imposed civil penalties. Landlord appealed, claiming that it was attempting repairs but that tenants delayed the progress by videotaping landlord's workers. The court ruled against landlord. While tenants' actions might affect the amount of the penalty, there was no reason to excuse landlord for not correcting the violations on time.

The housing court determined that there were long-standing hazardous violations and ''deplorable'' conditions in landlord's building. The court ordered landlord to correct the violations. Later, when landlord hadn't done so, the court imposed civil penalties. Landlord appealed, claiming that it was attempting repairs but that tenants delayed the progress by videotaping landlord's workers. The court ruled against landlord. While tenants' actions might affect the amount of the penalty, there was no reason to excuse landlord for not correcting the violations on time.

Birrenbach v. Goldman: NYLJ, 11/30/05, p. 23, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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