No Contempt of Court Where Court Order Didn't List Any Violations or Deadlines

Landlord sued to evict tenant for nonpayment of rent. In March 2023, the parties signed a settlement agreement in court by which tenant agreed to pay back rent after landlord made certain repairs. In July 2023, landlord requested entry of judgment because tenant had failed to make payment. In response, tenant asked the court to hold a rent abatement hearing and to direct landlord to repair certain apartment conditions. In January 2024, the court ordered that landlord's motion be held open but granted tenant's request that landlord repair eight listed items. No reference was made to any housing code violations, and the order didn't indicate by when repairs were to be completed. Tenant later asked the court to hold landlord in contempt for its failure to properly address the conditions noted in the January 2024 order.

The court ruled against tenant. Although willfulness on landlord's part need not be proved, tenant didn't show by clear and convincing evidence that there had been contempt of court. The court's January 2024 order didn't reference any violation of record and didn't order that repairs be made by a date certain. Orders without deadlines generally are not found to be unequivocal. And since neither the prior court stipulations nor tenant's contempt motion showed that Housing Maintenance Code violations exist in this case, there was no remedy available for a violation that hadn't been proven. 

Banana Kelly Prospect HDFC v. Banks: Index No. 334261, 2024 NY Slip Op 50681(U)(Civ. Ct. NY; 6/7/24; Ibrahim, J)