Managing Agents Couldn't Prove They Had No Control over Property at Time of Violations

Tenants brought an HP proceeding in housing court in July 2023, based on Housing Maintenance Code (HMC) violations, including harassment, and seeking an order to correct violations and civil penalties. The case named the building owner, management company, and individual managing agent as respondents. The managers asked the court to dismiss the case against them. They claimed they weren't involved with the property at the time the violations were claimed to have occurred. The court ruled against the management company and individual agent, finding they had been the registered managing agents for the building since at least April 2023. This was around the time that the claimed violations occurred. By operation of law, the registered managing agents were in control of the building at that time. And they presented no proof to the contrary.

Aghedo v. 80 Clarkson LLC: Index No. 321367/2023, 2023 NY Slip Op 34188 (Civ. Ct. Kings; 12/4/23; Smith, J)