Landlord Fined $750 for "Second Season" Heat/Hot Water Violation

HPD sued landlord, seeking civil penalties for failure to provide heat and hot water. Landlord didn't dispute that this was a "second season" violation but claimed that the violation notice was defective. Housing Maintenance Code (HMC) Section 27-2115(k)(ii) requires landlords to restore heat or hot water within 24 hours of affixing of the violation notice. And landlord must pay a $250 fine within 10 days after the violation notice is posted. In this case, the violation notice stated that the condition "must be corrected immediately" and therefore didn't properly notify landlord that the condition must be corrected within 24 hours. The violation notice also failed to clearly put landlord on notice as to the time frame to restore services so as to limit exposure to fines. But the HMC section cited does note that the prompt repair and submission of the $250 isn't available for a second season violation. So landlord must pay civil penalties of $750 within 45 days of the court's decision. 

HPD v. Himed: Index No. 072271/2018, 2019 NY Slip Op 50431(U) (Civ. Ct. NY; 3/22/19; Bryan, J)