Case Type
HP
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
001327-24/NY
Petitioner
Sherryl Klein
Respondent
3868 Broadway Realty LLC
Judge
Gonzalez, Alberto
Decision/Order Date
2025-04-09
Posture
Post-judgment Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this HP action, the tenant sought enforcement of a consent order requiring the landlord to correct numerous housing violations. Despite the landlord’s assertion of compliance, including the lifting of a vacate order and claimed lack of access, 42 violations remained pending, 39 of which were part of the original consent agreement. The court found credible tenant claims of uncorrected hazardous conditions, including mold and electrical sparks. Citing legal precedent and the city's housing code, the court imposed civil penalties totaling $122,425 through March 17, 2025. Practice note: A vacate order being lifted does not extinguish liability for ongoing uncorrected violations, especially when corroborated by official violation databases.
Recommended Citation
"Klein v. 3868 Broadway Realty LLC" (2025). All Decisions. 1770.
https://ir.lawnet.fordham.edu/housing_court_all/1770
