A tenant had commenced a Housing Part proceeding (HP Proceeding) against the respondent landlord and the NYC Dep’t of Housing Preservation and Development (HPD), seeking an order requiring a landlord to correct conditions that led to a vacate order having been placed on the tenant’s apartment. The tenant had moved to dismiss defenses asserted by the landlord and for summary judgment. The landlord had cross-moved to hold the tenant in contempt.

The tenant is 75 years old, had lived in the apartment since 1984; is protected by the Rent Stabilization Law (RSL); the rent was $750.98; the landlord purchased the building in 1986; the apartment is one of 15 apartments in the building; there was a fire at the premises; HPD placed a partial vacate order on the premises; the vacate order was specific to the subject apartment; the vacate order cited “fire damage to the ceiling, walls and floor” of the apartment, a lack of electricity and broken windows; HPD ordered the landlord to correct the conditions pursuant to NYC Admin. Code (AC) §27-2125(a)(2), and landlord had not corrected the conditions as of the time the tenant’s motion had been made.