Landlord v. Tenant

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DOB Violations: Clothes Dryers in Basement Without Automatic Sprinkler

DOB issued a violation notice to landlord after finding four clothes dryers in the basement without any sprinkler system. DOB's inspector observed four washers and four dryers connected by electric wiring to power sources. Landlord argued that the 2008 building code requirement to install a sprinkler system if there were more than two dryers didn't apply to a 1930s building. The ALJ ruled against landlord, who appealed and won.

Attorney's Fees: No Attorney’s Fees for Landlord After Harassment Claim Dismissed

Tenant sued landlord in housing court for harassment and asked for a restraining order. The court ruled against tenant after a trial and dismissed the case. Landlord then asked the court for attorney’s fees. The court ruled against landlord. Under NYC Housing Maintenance Code 27-2115(m)(3), a court can award a landlord attorney’s fees in a harassment case if the claim was frivolous.

DOB Violations: Landlord Improperly Stored Wood Behind Building

DOB issued a violation notice to landlord for unsafe storage of combustible materials and equipment. DOB’s inspector observed wooden planks and plywood stored at the rear yard of the building. Landlord claimed that the violation notice was improperly delivered. He also argued that the materials were stored near the backyard fence, away from the building, and were being used in ongoing construction at the building and two adjacent buildings that he owned.

DOS Violations: Landlord’s Incapacity Doesn’t Excuse Violations

DOS issued 24 violations to landlord between August 2007 and May 2010 for failing to separate recyclables from other trash, improper storage of receptacles, failing to keep the sidewalk in front of her building clean, and for leaving snow, loose rubbish, and ice and dirt on the sidewalk. Landlord was fined $2,400 after failing to respond to the violation notices. Her attorney got the proceedings reopened and asked the ALJ to excuse landlord because she was incapacitated.

DOH Violations: Landlord Responsible for Condition Yielding Mosquitoes

DOHMH issued a violation notice to landlord after finding a large container next to his building that held standing water and organic material. DOHMH claimed that this condition was conducive to the breeding of mosquitoes. Landlord claimed that he wasn't responsible for the condition because he didn't live in the building and paid a tenant to be the building super. The ALJ ruled against landlord and fined him $600. Landlord appealed and lost.

DOB Violations: Landlord Exempt from Filing Local Law 11 Report

DOB issued a violation notice to landlord for failing to file an amended report to confirm the correction of unsafe building facade conditions described in the initial report he filed under Local Law 11 of 1998. Landlord claimed that because the building was no more than six stories in height, it wasn't subject to these reporting requirements. The building had a cellar and five stories and was registered with HPD as six stories. The ALJ ruled for landlord and dismissed the violation.

Attorney's Fees: Tenant Gets Attorney's Fees in Discrimination Case

Prospective tenant, a 45-year-old disabled man with AIDS, sued a real estate broker for housing discrimination after it refused to show him any apartments. Tenant had disclosed that he had a subsidy to help pay the rent. The Fair Housing Justice Center also sent testers to the broker, with similar results.

Discrimination: Preliminary Injunction to Reinstall Building Ramps Denied

Disabled tenants sued landlord for violations of the federal Fair Housing Act and New York State Fire Prevention and Building Code. They claimed that landlord improperly removed wheelchair ramps that tenants used at the building and therefore deprived them of reasonable and safe access to their apartments. They asked the court to direct landlord to reinstall the ramps while their case was pending.

Discrimination: Landlord Discriminated Based on Sexual Orientation

Tenant complained to the state Division of Human Rights (DHR) of housing discrimination based on sexual orientation. The DHR ruled for tenant, awarded damages and fines, and then sued landlord to enforce its judgment. The court ruled for the DHR. State law prohibits landlords from refusing to rent an apartment or otherwise withhold services from a tenant based on sexual orientation.

Landlord sued to evict tenant for unauthorized subletting. The court ruled for tenant without a trial and dismissed the complaint. Landlord appealed and won, in part. Tenant claimed that he had cured the illegal sublet. But the subtenant remained in the apartment nearly two years after landlord started the eviction proceeding, while tenant lived elsewhere. So landlord was entitled to a judgment in its favor. But since tenant had now cured by removing the subtenant, the eviction warrant was permanently stayed.