Landlord Must Correct Housing Code Violations

Facts: The Department of Buildings issued a vacate order for landlord's building because the building was too dangerous to occupy. Tenant left her rent-controlled apartment as a result of this order and then sued landlord. Tenant asked the court to order landlord to correct the building violations. Landlord claimed that it would be technically impossible to perform the repairs and that the costs of repair would be so great that it would be economically unreasonable to order the repair of the building. Court: The conditions that resulted in the vacate order are capable of being repaired. There were rotted beams throughout the building, which caused tenant's living room ceiling to collapse. As to the cost, landlord chose to purchase the building at a foreclosure sale without inspecting it for possible needed repairs. Any supposed economic hardship was self-inflicted. Landlord offered no estimate of the labor cost of the repairs; he only estimated that the materials would cost $10,000. The court ruled that landlord must make the repairs within six months.

[Carrasquillo v. 197 Columbia Realty Corp.: NYLJ, p. 25, col. 5 (12/2/92) (Civ. Ct. Kings; Reichbach, J)].