Landlord Gets Chance to Prove Heat and Hot Water Problem Corrected

December 1, 1996

LVT Number: 11060

HPD sued landlord for not correcting a lack of heat at the building. The court ruled for HPD and imposed fines on landlord. Landlord appealed, claiming that the lack of heat and hot water didn't continue for the entire period in question. The violation notice had been issued in January. Landlord testified that it made certain repairs before filing the certificate of compliance. The trial court had also found that tenant's testimony was exaggerated.

HPD sued landlord for not correcting a lack of heat at the building. The court ruled for HPD and imposed fines on landlord. Landlord appealed, claiming that the lack of heat and hot water didn't continue for the entire period in question. The violation notice had been issued in January. Landlord testified that it made certain repairs before filing the certificate of compliance. The trial court had also found that tenant's testimony was exaggerated. The case was sent back for a new trial to allow landlord to prove the earlier correction of the condition through testimony of other tenants and production of paid repair bills. If proved, this would reduce the fine.

HPD v. Kurtin: NYLJ, p. 35, col. 6 (11/18/96) (App. T. 2 Dept.; Scholnick, JP, Aronin, Chetta, JJ)

Topics

More like this