Case Type
HP
Housing Type
Other
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-1043 K C
Slip Opinion Number
2025 NY Slip Op 51154(U)
Petitioner
Lena Harvey, Manta Jean-Baptiste, Jasmine Kitchen, Steven Slowe
Respondent
Miller Avenue Group, LLC and Aaron Nathans
Judge
Mundy, Marina, Cora; Buggs, Chereé, A.; Quiñones, Joanne, D.
Decision/Order Date
2025-06-27
Posture
Other
Disposition
Other
Winner
Other
Synopsis
In this HP action, the Appellate Term reversed a lower court's decision, holding that HPD, as a properly named party, has standing to move for civil and criminal contempt and civil penalties against the landlord. The lower court had incorrectly deemed HPD a "nominal party." The appellate court clarified that an HP proceeding is part of a broad statutory enforcement mechanism, not just a landlord-tenant dispute, and HPD is an "interested party" with the primary responsibility for enforcing housing standards. The case was remitted to the Civil Court to determine the motion on its merits.
Keywords
HP Action; HPD has Standing Under Civil Court Act; Civil & Criminal Contempt
Recommended Citation
"Harvey v. Miller Ave. Group, LLC" (2025). All Decisions. 1867.
https://ir.lawnet.fordham.edu/housing_court_all/1867
