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.

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