Landlord Must Correct HPD Violations and Remediate Mold

March 26, 2021

LVT Number: #31294

Tenant sued landlord, seeking correction of violations in her apartment. The trial court ruled for tenant. HPD inspection found roach and mice infestation, as well as other violations. Tenant testified that landlord's workers painted over a mold condition rather than fix it, causing health issues for her and her daughter. Tenant presented photos showing water next to the radiator from a leak and a gap in the floor and wall, where mice got in. A licensed mold assessor found fungal growth and recommended mold remediation in the apartment. Landlord presented no proof to the contrary.

Tenant sued landlord, seeking correction of violations in her apartment. The trial court ruled for tenant. HPD inspection found roach and mice infestation, as well as other violations. Tenant testified that landlord's workers painted over a mold condition rather than fix it, causing health issues for her and her daughter. Tenant presented photos showing water next to the radiator from a leak and a gap in the floor and wall, where mice got in. A licensed mold assessor found fungal growth and recommended mold remediation in the apartment. Landlord presented no proof to the contrary. The court directed landlord to hire a licensed mold remediator and follow the assessor's recommendations concerning mold treatment. The court also ordered landlord to correct other HPD violations in the apartment.

Forrester v. Sirulnick: Index No. 1395/2020, 2021 NY Slip Op 50052(U), NYLJ No. 1612295358 (Civ. Ct. Kings; 1/28/21; Stoller, J)

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