Penalty Against Landlord Reduced

May 31, 1993

LVT Number: 7061

The DHCR ordered landlord to correct building violations. After a hearing, the DHCR found that landlord didn't correct four of the seven violations. The DHCR imposed a $3,000 fine, and landlord appealed. The court ruled that the DHCR's ruling was supported by substantial proof. But the tenant protection regulations limited the penalty for not correcting violations to $250 for each violation. So, the court reduced landlord's penalty to $1,000.

The DHCR ordered landlord to correct building violations. After a hearing, the DHCR found that landlord didn't correct four of the seven violations. The DHCR imposed a $3,000 fine, and landlord appealed. The court ruled that the DHCR's ruling was supported by substantial proof. But the tenant protection regulations limited the penalty for not correcting violations to $250 for each violation. So, the court reduced landlord's penalty to $1,000.

Matter of Koch: NYLJ, p. 33, col. 5 (5/14/93) (App. Div. 2 Dept.; Sullivan, JP, Balletta, Lawrence, Eiber, JJ)

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