Case Type

HP

Housing Type

Interim multiple dwelling

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT 6025-21/NY

Slip Opinion Number

2022 NY Slip Op 22016

Petitioner

Walter Kim

Respondent

United American Land LLC, Albert Laboz, and DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NY

Judge

Bacdayan, Karen May

Decision/Order Date

2022-01-20

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

Tenant filed HP motion seeking court order to correct HMC violations in interim multiple dwelling and seeks finding of harrassment by landlord. Court dismissed HP proceeding in part (but issued Order to Correct 2 HPD violations) because of prior proceeding pending before the NYC Loft Board. J. Bacdayan determined the Code DOES allow court to enforce HMC violations in interim multiple dwellings, disagreeing with ruling in Baer (71 MISC 3d 1125).

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