Landlord Must Repair Apartment Conditions Even While Nonpayment Claim Delayed

Landlord sued to evict ETPA tenant for nonpayment of rent in December 2019. In February 2020, tenant filed a court form listing living conditions needing repair (the "court's living conditions form"). While the case remained pending during the COVID-19 pandemic, tenant filed a Hardship Declaration form in March 2021. The parties appeared in court in November 2021, and tenant claimed no work had been done to remedy the listed conditions. Tenant also submitted an inspection statement from the Mount Vernon City DOB confirming the conditions. Some DOB violations also were issued. The court held a hearing, and facts supported tenant's claim that repairs hadn't been made. Landlord argued that, based on tenant's filing of a Hardship Declaration form, the case was stayed while the eviction moratorium remained in effect.

The court ruled for tenant, and pointed out that the eviction moratorium law didn't stay landlord's legal obligation to maintain the premises in a safe and habitable condition. The court noted that the conditions had existed for at least two years and for at least one year before tenant filed a Hardship Declaration form. The court also pointed out that, effective Oct. 25, 2021, a new state law was added, which permitted a city court judge to order the abatement of conditions of a building, where the conditions violated the uniform building and fire prevention code. Tenant's apartment conditions required immediate correction, and landlord must then file for DOB re-inspection.

Colonial Vil., LLC v. Green: Index No. 3174-19, 2021 NY Slip Op 21330 (City Ct. Mt. Vernon; 12/7/21; Williams, J)