Tenants Can't Demand DOB Inspection Under Housing Maintenance Code

Tenants sued landlord in an HP proceeding after a seven-alarm fire in the building in July 2012. Tenants sought to compel landlords to correct building violations and provide for further DOB inspection. The court granted landlord's request to dismiss the case and denied tenants' request to compel landlord to provide access to the building for further inspection.

Tenants appealed and won, in part. The appeals court reversed the dismissal of the case. There were triable issues of fact concerning the existence and extent of open violations, vacate orders, building-wide problems, and habitability of the building. However, the appeals court upheld the other portion of the lower court's order. The Housing Maintenance Code doesn't allow for tenants to seek an order compelling landlord to provide building access to DOB. Only the agency can seek such relief.

Igbayo v. Kings & Queens Holdings, LLC: Index No. 2019-1084KC, 2022 NY Slip Op 50295(U)(App. T. 2 Dept.; 4/1/22; Aliotta, PJ, Toussaint, Golia, JJ)