Landlord Not Responsible for Tenant's Relocation Costs
LVT Number: #32245
Tenant sued landlord after she and her family had to vacate her apartment under an HPD vacate order. This was the second vacate order resulting from a second fire that tore through the building. HPD had relocated tenant, her husband, and seven children to a temporary shelter at HPD's expense. Tenant asked the court for an order directing landlord to correct violations, award civil penalties, and pay the costs and expenses of relocating the family to temporary housing more appropriate than the city shelter system.
Landlord claimed that no law required it to pay tenant's relocation costs and expenses, especially when HPD had already relocated tenant as required by law. Tenant claimed that the court had equitable power under NYC Civil Court Act Section 110 to order landlord to provide the relocation.
The court ruled against tenant, finding that the Housing Court had no authority as a matter of law or equity to order landlord to pay for relocation costs when a tenant is displaced by a vacate order. The court discussed provisions of the Housing Maintenance Code and some other court decisions on this question. The court also noted that tenant could appeal HPD's determination and question whether it was breaching its duty to provide appropriate temporary shelter in this situation. If a court found that HPD must provide alternate housing, then HPD may seek reimbursement from the landlord. Tenant could also seek civil penalties against landlord if it failed to comply with HPD directives to correct violations.
Mendoza v. 74-78 Post Ave. Heights Assoc. LLC: Index No. 300575-22, 2022 NY Slip Op 22246 (Civ. Ct. NY; 8/10/22; Bacdayan, J)