Moser
Tenant Earnest sued respondents to correct Department of Housing Preservation and Development (HPD), and Department of Buildings (DOB) violations placed for room 17 of the subject premises. Respondents failed to appear and after inquest the court issued an order to correct the HPD and DOB violations. It later issued an order for civil contempt due to respondents’ non-compliance. The parties entered into a stipulation providing respondents an additional 60 days to repair the violations. Earnest brought another motion for civil contempt asserting that nine HPD and one DOB violations were uncorrected within the 60 days. Respondents opposed arguing Earnest did not wait 60 days to bring a claim against them as he extended owner’s time to cure conditions in question in a subsequent Housing Part action. The court disagreed noting respondents failed to explain why they presumed there was an automatic extension to the 60-day grace period when the subsequent HP action consent order was carefully negotiated. As 82 percent of the repairs in question have not be corrected, the court found Earnest established, to a reasonable certainty, respondents disobeyed the stipulation. The court found respondents in civil contempt, granting Earnest a money judgment.
