Case Type

HP

Housing Type

Other

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

LT-000322-24/BX

Petitioner

NORCA REGALADO

Respondent

HUGHES AVENUE CORP., THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK

Judge

Shahid, Omer

Decision/Order Date

2026-02-17

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this HP proceeding, the tenant moved for civil contempt and civil penalties against the landlord for failing to comply with a consent order to correct HPD violations, including those for mold and lead-based paint. The court granted the tenant's motion, finding the landlord in civil contempt for non-compliance with the order. The landlord's arguments, including a vague superintendent's affirmation and an unauthenticated D.H.P.D. repair bill, were insufficient to rebut the presumption that violations persisted. The court imposed a $350 per day fine, payable to the tenant, until outstanding "C" and "B" violations are corrected, and referred the calculation of civil penalties to D.H.P.D.

Keywords

HP Action; Civil Contempt; Failure to Comply with Consent Order; Landlord Fined $350 per Day Payable to Tenant Until Contempt Purged and Class C and Class B Violation Corrected; Superintendent’s Vague/Conclusory Affirmation Insufficient to Rebut Tenant’s Showing that Landlord Failed to Correct Mold & Lead-Paint Violations; HPD Bill/Invoice to Landlord for Emergency Repairs Insufficient to Show Violations Corrected

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