NYCHA Held in Criminal Contempt for Failing to Restore Hot Water

Tenant brought an HP proceeding against landlord NYCHA, seeking correction of building violations in her apartment. The court combined the case with a nonpayment proceeding started by landlord against tenant. Landlord and tenant settled the cases in September 2010. Tenant agreed to pay $668 in back rent owed. NYCHA agreed to do repairs including plastering, painting, and kitchen cabinet repair within 60 days; window repairs within 45 days; repair of leaks under the sinks within 10 days; fixing a bedroom outlet within one week; and to provide hot water and a working stove within one week.

Later in 2010, tenant asked the court for an abatement of the rent paid because NYCHA didn't make the agreed-upon repairs. But tenant's request was denied after she failed to appear on the court date. In 2011, tenant again asked for relief and signed a new settlement agreement. Two years later, tenant asked the court to hold landlord in contempt of court for failing to make the agreed-upon repairs.  

The court ruled for tenant in part after tenant showed that there was still often no hot water, that painting and plastering were still needed, and that there was mold in the apartment. Tenant now owed over $12,000 in back rent, and the court gave tenant an 80 percent abatement. The court also held NYCHA in criminal contempt for willfully disobeying a court order. NYCHA knew when it signed the original settlement agreement promising to fix the hot water in tenant's apartment that this issue wouldn't be resolved until all shower bodies had been replaced at the building and that this would take a long time to finish. The court ordered NYCHA to pay $300 to the Department of Finance, representing $100 for each settlement agreement violated in the case.

Randolph v. NYCHA: 44 Misc.3d 1207(A), 2014 NY Slip Op 51045(U) (Civ. Ct. NY; 7/8/14; Kraus, J)