Tenant Can Pursue HP Action

Tenant brought an HP action against landlord, seeking the repair of various apartment conditions, including leaks and a broken window. HPD inspection showed 15 violations, including one immediately hazardous "C" violation. Landlord later asked the court to dismiss the case, claiming that tenant had no standing to sue. The court ruled against landlord. In February 2010, the court ruled for landlord in another case, granting landlord a judgment of possession and eviction warrant. The appeals court stayed the eviction pending the outcome of tenant's appeal. Tenant had a legal right to live in the apartment while the stay of eviction was in effect and continued to pay use and occupancy fees. And although the court had ruled in the eviction case that tenant wasn't subject to rent regulation, he still was entitled to essential services and protection from hazardous violations.

Cruz v. Square Block Assoc.: 29 Misc.3d 1207(A), 2010 WL 3927810 (Civ. Ct. NY; Kaplan, J; 10/5/10)