Landlord Fined for Falsely Certifying Correction of Violations

February 1, 2006

LVT Number: 18618

HPD sued landlord, seeking a $3,000 fine based on its claim that landlord had falsely certified the correction of a lead-paint violation. The court ruled for HPD in part. Landlord claimed that it had corrected the violation and that if HPD found a violation during re-inspection, it occurred after the prior violation was corrected. Landlord also argued that it relied on its contractor's representation that the lead paint condition had been corrected. So even though landlord's certification was false, it was made in good faith and wasn't fraudulent.

HPD sued landlord, seeking a $3,000 fine based on its claim that landlord had falsely certified the correction of a lead-paint violation. The court ruled for HPD in part. Landlord claimed that it had corrected the violation and that if HPD found a violation during re-inspection, it occurred after the prior violation was corrected. Landlord also argued that it relied on its contractor's representation that the lead paint condition had been corrected. So even though landlord's certification was false, it was made in good faith and wasn't fraudulent. Landlord also promptly hired a contractor to abate the lead-paint condition. So the court imposed the minimum fine of $1,000 rather than the $3,000 maximum fine.

HPD v. 537 Clinton LLC: NYLJ, 1/10/06, p. 21, col. 1 (Civ. Ct. Kings; Marton, J)

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