Judge Enedina Pilar Sanchez
Tenant alleged conditions in her apartment, in premises administered by the New York City Housing Authority (NYCHA), violating the Housing Maintenance Code. An HPD inspection found conditions including mold in the apartment. The parties signed a stipulation agreeing to repair the conditions. The conditions were not repaired during the access time allotted and tenant filed a third order to show cause to restore the case to the calendar for a compliance hearing and assessment of civil penalties. At the hearing, the court found several conditions were not addressed, noting certain conditions were left worse than previously leaving the bathroom unusable, among other things. It found NYCHA failed to comply with court orders and stipulations to abate the conditions in the apartment, ruling the delayed actions showed a disregard for the Code and prior court orders. The court found tenant credibly testified the unabated bathroom leak caused more damage to the apartment, concluding the evidence showed a pattern of disregard for court orders and that a mere imposition of fines would not remedy the situation–nor promote the public interest. Accordingly, the court awarded tenant $5,500, ordering a credit to her account.