Case Type
HP
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2023-371 K C
Petitioner
Department of Housing Preservation and Development of the City of New York
Respondent
1515 St. Johns Place, Alfred Thompson, and Laquasia Thomas
Judge
TOUSSAINT, WAVNY P.J., MUNDY, MARINA CORA, OTTLEY, LISA S.
Decision/Order Date
2024-01-12
Posture
Post-judgment Motion by Landlord
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this HP proceeding, Appellate court upheld lower court's decision awarding $275,000 in penalties to DHPD against landlord for failing to provide hot water, violating Housing Maintenance Code. Key legal points include the court's affirmation that civil penalties serve a remedial purpose to coerce landlords to comply with housing maintenance standards, rather than being punitive, and the rejection of the defendant's argument invoking the Excessive Fines Clause of the Eighth Amendment.
Recommended Citation
"Department of Hous. Preserv. & Dev. of City of N.Y. v. 1515 St. Johns Place" (2024). All Decisions. 1389.
https://ir.lawnet.fordham.edu/housing_court_all/1389
