Case Type
HP
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
6230123
Petitioner
ELEANA GENAO
Respondent
JULIE CHEN, NYC DEPARTMENT OF HOUSING PRESERVATION & DEVELOPMENT
Judge
Thermos, Kimon C.
Decision/Order Date
2024-03-11
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The case involves a tenant petitioning for correction of violations of the Housing Maintenance Code (HMC). Following a Consent Order to Correct (OTC), the tenant filed an Order to Show Cause (OSC) seeking to restore the matter to the calendar for various relief, including penalties for non-compliance with the OTC. Despite service, the respondent failed to appear, leading to an inquest where the tenant provided evidence of non-compliance with the OTC. The court found the respondent in civil contempt for failing to correct a specific violation, ordering fines and potential incarceration if contempt was not purged within a specified time frame. The decision highlighted the court's authority to penalize disobedience to lawful orders and emphasized the importance of compliance with court mandates in housing maintenance cases.
Recommended Citation
"GENAO v. CHEN" (2024). All Decisions. 1422.
https://ir.lawnet.fordham.edu/housing_court_all/1422