New York City Law Department Announces Victory for Tenants, Rule of Law
September 3, 2021
Court Finds Landlords in Contempt of Court, Orders Repairs to Unsafe Buildings So Tenants Can Return Home
The owners of three rent-stabilized buildings in Chelsea must repair those buildings and allow displaced tenants to return home – or face jail time, a New York City Housing Court judge has ruled. The decision finds the owners in contempt of a court order issued last year that required the owners to repair the buildings, which suffered from such extreme neglect that the Department of Buildings (DOB) was forced to vacate the buildings for the tenants’ safety. The owners failed to comply with the court order, leaving the buildings in an unsafe condition, and leaving six tenants without their homes during the COVID-19 pandemic. Now, however, the owners must repair the buildings within 180 days, and will be jailed if they fail to comply. The legal victory is the result of the City’s stepped-up efforts to protect tenants, which include the creation of a special unit at the Law Department dedicated to safeguarding tenant rights, the establishment of an Anti-Harassment Unit at the Department of Housing Preservation and Development (HPD) and an Office of the Tenant Advocate at DOB.
“These owners failed to comply with a court order to fix dangerous building conditions, and as a result tenants were left homeless during a pandemic. This is simply unacceptable. The court has sent a clear message that owners are not above the law and the City will continue to hold them accountable,” said Corporation Counsel Georgia M. Pestana.
The Law Department filed a cross-claim against the owners of 219-223 West 24th Street, in a lawsuit initially brought on behalf of tenants by attorneys at Mobilization for Justice. Following five days of trial in 2019 and 2020, including testimony from the tenants and expert witnesses, NYC Housing Court Judge Jack Stoller found that the purposeful neglect of the buildings constituted tenant harassment. In a ruling issued on May 6, 2020, the judge ordered that the building be restored to habitability and awarded the tenants compensatory and punitive damages totaling $126,000.
Following the owners’ failure to comply with Judge Stoller’s Order, the City moved for a finding of contempt. NYC Housing Court Judge Frances Ortiz held a hearing over four days, hearing testimony from expert witnesses and a DOB engineer. Judge Ortiz rejected the owners’ argument that the buildings were too damaged to repair, concluding that with a methodical approach and adherence to safety regulations, the buildings could be repaired.
“This Administration will not tolerate landlords who think they are above the law, and can avoid their responsibility to keep tenants safe in their homes,” said Ricardo Martínez Campos, Acting Director for the Mayor’s Office to Protect Tenants. “This decision reflects the tireless work of our Law Department, Department of Buildings, and Department of Housing Preservation and Development, and I thank you all for your dedication and effort. Your work has proven that the strategy to let buildings falls to disrepair in order to essentially evict tenants from rent regulated units can no longer be effective.”
"We refuse to tolerate deliberate neglect and lack of maintenance as a tactic to force tenants out of their homes," said DOB Commissioner Melanie E. La Rocca. “Landlords have a legal responsibility to properly maintain their buildings, and we intend to make sure they live up to that responsibility for the safety of both their tenants and all New Yorkers. We applaud the court’s decision, and are proud of our continued partnership with our fellow city agencies pushing forward cases like these to protect the public.”
“Landlords cannot ignore their responsibilities to maintain safe, quality housing, and it is illegal to keep tenants out of their homes by withholding critical repairs,” said HPD Commissioner Louise Carroll. “I want to thank our dedicated colleagues at HPD, Law, and DOB for holding this bad landlord accountable for this egregious case of tenant harassment, so tenants can safely return home.”
The Law Department is actively pursuing many other cases where owners have severely neglected building maintenance, resulting in conditions that threaten the health and safety of tenants.
The Law Department thanks the entire team for its continued diligence in this case. The expertise of the engineers, inspectors and attorneys at Law, DOB and HPD has been invaluable. The case was handled by Alan Kleinman and Daniel Whitman from the Law Department, Rachel Rabinowitz from DOB, Marti Weithman from HPD, and, representing the tenants, Brian Sullivan and Meaghan Whyte from Mobilization for Justice.
Tracing its roots back to the 1600s, the New York City Law Department is one of the oldest and most dynamic legal offices in the world, ranking among New York City’s largest law offices and the country’s largest public law offices. Led by the Corporation Counsel, the Department’s 1,000-plus attorneys represent the City on a vast array of civil litigation, legislative and legal issues, and in the criminal prosecution of juveniles, encompassing a caseload of 70,000 active or ongoing legal matters each year in 16 legal divisions. The Corporation Counsel heads the Law Department and acts as legal counsel for the Mayor, elected officials, the City and all its agencies. For more information, visit the Law Department’s website at www.nyc.gov/law
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