Tenant Requested Delay for HPD Inspection

Facts: Landlord sued to evict tenant for nonpayment of rent. On the first court date, tenant claimed there were unsafe conditions in the apartment and asked for a delay so that there could be an inspection. Landlord asked the court to count the delay against tenant under the 1997 rent deposit law. That law says that if a tenant asks for two delays or if the case is still pending after 30 days from the first court appearance, landlord can ask that tenant deposit rent into a court fund until the case is decided. If a rent deposit is ordered and tenant doesn't continue to make the deposits as rent becomes due, the court can order an immediate trial. Court: Landlord loses on this issue. The revised rent deposit law says nothing about whether a delay from a tenant-requested HPD inspection should count against tenant. The court ruled that if there are safety violations in tenant's apartment, the delay shouldn't count against tenant. In that case, the inspection is needed not just for tenant's benefit but for the public's. The court also needs the results of the inspection report before a trial can be held. If, however, an inspection shows that there was little or no basis for tenant's inspection request, then the delay should count against tenant.

Marrazzo v. Waiters: NYLJ, p. 29, col. 3 (10/14/98) (Civ. Ct. Richmond; Straniere, J)