Landlord Must Pay HPD Penalties for Failing to Correct Violations

Tenant sued landlord in housing court, to obtain repairs and correction of violations. The court ordered landlord to correct many class B violations, including a leak and resulting water damage. Tenant later asked the court to hold landlord in contempt for failing to comply with the court's order. The court ruled for tenant after trial. Landlord claimed that tenant intentionally caused the damage and that HPD didn't remove violations after repairs were made. But tenant showed that he gave landlord numerous opportunities to cure the violations and that landlord didn't do so. The court found that landlord didn't prove its claims and awarded HPD civil penalties totaling $33,515, including $5,000 for harassment of tenant. The court ordered landlord to make the required repairs or face additional contempt sanctions and civil penalties.

Pinchback v. Foreman: Index No. 3178/16, NYLJ No. 1512342652 (Civ. Ct. Kings; 11/13/17; Chinea, J)