Justice Kelly O'Neill Levy
Landlord filed a summary nonpayment petition seeking removal of tenant from possession of the premises, and for rental arrears, in late 2011. Tenant raised the defense and counterclaim of breach of habitability, arguing landlord failed to remedy. The parties settled the nonpayment action and agreed to a $2,300 abatement related to housing violations. Tenant paid the rent balance and landlord was required to make repairs of all defective conditions in the stipulation. Tenant filed a motion in late 2012 directing landlord to complete the repairs and requesting a rent abatement arguing she made the required payment under the stipulation, yet landlord failed to make any repairs. The court agreed finding landlord defaulted in appearing before it on numerous occasions, and failed to abide by various court orders of which landlord was keenly aware. It found neither landlord nor his attorneys provided explanations of why landlord failed to comply with any court orders, ruling same showed a conscious and reckless indifference not only for tenant's health and safety, but for the court's authority. The court found landlord in civil contempt, awarding tenant an indefinite continuation of the 80 percent rent abatement from May 2013 until repairs were completed, and $1,000 in punitive damages.
