Landlord Held in Contempt for Failing to Cure Violations

Tenant sued landlord in 2010, claiming various housing violations in her apartment that were confirmed by an HPD inspection report. The court ordered landlord to correct the violations. Later, tenant asked the court for a contempt order because the violations weren't corrected. Landlord missed several court appearances, and as of March 2011, inspection revealed there was a broken gasket to tenant's refrigerator, and mouse and roach infestation. The court held landlord in contempt, finding that he knew about prior orders to correct violations but failed to do so. The court also found that tenant had suffered actual damages of over $2,000 in lost food, eating out, and buying traps and bait to exterminate vermin. The court awarded this sum to tenant and said she could either collect a judgment or withhold it from her rent.

Breland v. Abass: Index No. 000643/2010, NYLJ No. 1202494102253 (Civ. Ct. Queens; 4/25/11; Pinckney, J)