Landlord Didn't Correct Violations After Vacate Order

Facts: The Fire Department ordered eight residential loft tenants to vacate the building and then sued landlord to get compliance with Fire Department regulations. The court ordered landlord to file plans and perform all work necessary to remove fire violations so that tenants could move back in. Landlord didn't do so, and the Fire Department asked the court to hold landlord in contempt. Landlord claimed it was impossible to comply with the court's order because the building contained two high-hazard commercial tenants and neither the law nor Buildings Department policy permitted residential use in such a building. Court: Landlord loses. Landlord didn't prove that it was impossible to comply with the court's order and never raised this issue during the original trial. On the other hand, the Fire Department showed that Multiple Dwelling Law section 277.16 and sections of the City Administrative Code permitted the combined use. DOB also approved the Fire Department's alternative plans for the mixed use. It appeared that landlord deliberately disobeyed the court's order to prevent tenants from moving back in. The court held landlord in contempt of court and ordered a hearing to determine fines.

Leopold v. SMJ Mgmt.: NYLJ, p. 32, col. 5 (4/9/97) (Civ. Ct. Kings; Reichbach, J)