Was Co-op Shareholder Tenant Responsible for Correcting Violations in Apartment?

A cooperative shareholder-tenant brought an HP proceeding against landlord, seeking correction of building violations and a finding of harassment. The court dismissed tenant's harassment claim but continued to investigate the violation claims. Landlord claimed that tenant was responsible for conditions inside the apartment since his proprietary lease required him to keep the interior of the unit in good repair and stated that tenant "shall be solely responsible for the maintenance, repair, and replacement of plumbing...as may be necessary in the apartment." Tenant argued that the conditions in need of repair weren't his responsibility under the lease but related to work improperly or incompletely done by landlord. The court granted landlord's request to join tenant as a third-party respondent to the HP proceeding. A trial was needed to determine whether tenant was responsible under the terms of his proprietary lease for the repair of the violations.

Lozito v. Celtic Park Mgmt.: Index No. HP58422, 2023 NY Slip Op 50391(U)(Civ. Ct. Queens; 4/25/23; Guthrie, J)