Landlord Held in Contempt for Failing to Make Repairs

October 13, 2013

LVT Number: #25089

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. HPD inspected the apartment and found a number of defective conditions. Landlord agreed, among other things, to repair a missing gas valve for the stove and remedy mice infestation. There also were broken wood floors, a leaking radiator control valve in the kitchen, and a water leak in the bathroom. Landlord and tenant signed a settlement agreement in court. Tenant got a $2,300 rent abatement and agreed to pay $3,195 in back rent owed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. HPD inspected the apartment and found a number of defective conditions. Landlord agreed, among other things, to repair a missing gas valve for the stove and remedy mice infestation. There also were broken wood floors, a leaking radiator control valve in the kitchen, and a water leak in the bathroom. Landlord and tenant signed a settlement agreement in court. Tenant got a $2,300 rent abatement and agreed to pay $3,195 in back rent owed. Landlord agreed to repair all listed conditions.

Landlord failed to make repairs, and the court later gave tenant an 80 percent rent abatement from March 2012 through April 2013.  In May and again in June, landlord failed to appear in court or to make repairs. The court held landlord in contempt and gave tenant a continuing 80 percent rent abatement until repairs were completed. The court also awarded tenant punitive damages in the amount of $1,000. If landlord didn't make repairs immediately, it would face possible further sanctions.

Bironi, LLC v. Pellegrino: Index No. L&T252296/2011, NYLJ No. 1202618547151 (Civ. Ct. NY; 9/11/13; O'Neill-Levy, J)

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