Landlord Must Arrange for Access to Correct HPD Violations

LVT Number: #33418

Landlord sued tenant, claiming that tenant had blocked access for work to correct HPD violations in tenant's apartment, despite significant expense by landlord in attempting to cure. Tenant in turn asked the court to grant an Order to Correct the violations. The court ruled for tenant. While there were many issues left to be raised at trial, denial of access is not a defense to an order to correct, and neither is progress or significant expenditure on repairs that didn't yet result in removal of HPD violations.

Landlord sued tenant, claiming that tenant had blocked access for work to correct HPD violations in tenant's apartment, despite significant expense by landlord in attempting to cure. Tenant in turn asked the court to grant an Order to Correct the violations. The court ruled for tenant. While there were many issues left to be raised at trial, denial of access is not a defense to an order to correct, and neither is progress or significant expenditure on repairs that didn't yet result in removal of HPD violations. Access must be arranged by the parties, both of whom were represented by attorneys. And landlord must comply with all relevant laws, codes, and requirements to abate the conditions.

Aureggi v. Foster: Index No. LT-304097-20, NYLJ No. 1726022003 (Civ. Ct. NY; 9/6/24; Blinova, J.