Landlord Jailed for Not Complying with Court Order

Facts: HPD sued landlord, seeking penalties and an order directing landlord to provide essential services at tenants' building. Landlord agreed in a consent order to provide heat, hot water, and access to the boiler. HPD later asked the court to find landlord in contempt of the consent order. Tenants testified that landlord was providing heat and hot water only sporadically in the winter, and that the heat was on in the building during the summer. An HPD investigator testified that the temperature in the building in July 1999 was 110 degrees and steam was coming out of the radiators. The Fire Department had to break open the locked door to the cellar and turn off the boiler. The DHCR had also previously found, during a harassment hearing, that landlord didn't provide heat and hot water during periods a few years earlier. Court: HPD wins. Landlord was in control of the building and understood its heating system. He couldn't explain how there were periods of no heat in the winter while he kept the heat on in the summer. He had also stated in a television interview that he wanted tenants to move out because they didn't pay rent. Yet landlord never started any nonpayment cases against tenants. The court found that landlord was in criminal contempt of the court's order to properly provide heat and hot water and sentenced landlord to 30 days in jail.

HPD v. Hunter: NYLJ, 3/1/00, p. 33, col. 2 (Civ. Ct. Kings; Alterman, J)