Tenant Doesn't Have to Move Out During Correction of Violations

February 18, 2015

LVT Number: #25975

Landlord sued to eject tenants from a six-apartment building, claiming that they weren't subject to rent stabilization. While the case was pending, landlord asked the court to order tenants to move out temporarily because it needed to repair hazardous violations. The court ruled against landlord. HPD's Alternate Enforcement Program (AEP) had issued an Order to Correct, directing landlord to correct hazardous violations at the building. But HPD had not issued a vacate order and AEP's director stated that HPD didn't believe that was necessary.

Landlord sued to eject tenants from a six-apartment building, claiming that they weren't subject to rent stabilization. While the case was pending, landlord asked the court to order tenants to move out temporarily because it needed to repair hazardous violations. The court ruled against landlord. HPD's Alternate Enforcement Program (AEP) had issued an Order to Correct, directing landlord to correct hazardous violations at the building. But HPD had not issued a vacate order and AEP's director stated that HPD didn't believe that was necessary. Landlord failed to show that it was necessary for tenant to move out during repairs or that it would be irreparably harmed. And there was a pending HP proceeding in housing court where the violation issues could be determined. 

Hancock Palace LLC v. Barcia: Index No. 5322/2014, NYLJ No. 1202716111852 (Civ. Ct. Kings; 12/22/14; Rothenberg, J)

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