Law Department Announces Legal Victory for Tenants in Chelsea
May 7, 2020
Court Orders Landlord to Repair Unsafe Buildings So Tenants Can Return Home
Ruling is Result of Enhanced Efforts by the City to Protect Tenants
Three rent-stabilized buildings in Chelsea suffered from such extreme neglect that the Department of Buildings was forced to issue a vacate order for the tenants’ safety. But the Law Department announced today tenants will be able to return following a NYC Housing Court ruling ordering the property owner to restore the buildings. The legal victory is the result of the City’s stepped up efforts to protect tenants, which include the creation of a special unit at the Law Department dedicated to safeguarding tenant rights, the establishment of an Anti-Harassment Unit at the City’s Housing Preservation and Development agency and an Office of the Tenant Advocate at DOB.
“This court decision serves as a warning to owners who fail to maintain their buildings and put tenants at risk,” said Corporation Counsel James E. Johnson. “Property owners who violate the law will be held fully accountable by the City. We will closely monitor compliance with the court’s order so these tenants can return home. I thank the entire team that brought and worked on these cases. The expertise of the engineers, inspectors and attorneys at Law, DOB and HPD was invaluable in securing this important decision.”
The Law Department filed a cross-claim against the owners of 219-23 West 24th Street, following litigation initially brought on behalf of tenants by attorneys at Mobilization for Justice. The City’s cross-claim sought penalties against the owners for their multiple violations of the Building Code and DOB orders. In addition, HPD supported the displaced tenants’ legal action against the owner, supporting the tenant’s harassment claim as well as seeking the correction of maintenance conditions.
Following five days of trial, including testimony from the tenants and expert witnesses, NYC Housing Court Judge Jack Stoller rejected the owners’ argument that it was too expensive to repair the buildings and found that the purposeful neglect of the buildings constituted tenant harassment. In a ruling issued on May 6, 2020, the judge ordered that the building be restored to habitability, and awarded the tenants compensatory and punitive damages totaling $126,000.
“The City is focused on keeping New Yorkers safely housed and that includes taking owners to court who harass their tenants. It’s illegal and must end,” said Ricardo Martínez Campos, Deputy Director of the Mayor’s Office to Protect Tenants.
“Every New Yorker deserves a safe place to live,” said Melanie E. La Rocca, Commissioner of the Department of Buildings. “We will always be on the front lines protecting our friends and neighbors from unscrupulous landlords. It is unacceptable they allowed their properties to deteriorate for potential financial gain at the expense of their tenants’ rights, and now they are paying the price.”
The DOB is working to make sure these properties are quickly brought up to code. The owners will be served with an order compelling them to submit their plans and commence work under permit this summer.
“The City’s enhanced efforts to support tenant’s rights and protections that provide for safe and secure housing represent some of the most critical public service work we could be doing right now,” said Louise Carroll, Commissioner of the New York City Department of Housing Preservation and Development. “Tenant harassment in the form of building neglect is unacceptable and the court made that abundantly clear. I thank our partners at the City’s Department of Buildings, the City’s Law Department and Mobilization for Justice for charging ahead with this important work.”
The Law Department has several other active matters where owners have severely neglected building maintenance, leading to serious structural issues that threaten the health and safety of rent-regulated tenants.
City of New York v. 139 Thompson Street LLC, et. al. - the City seeks prompt work to safeguard the building, its occupants and passersby, and protect the rent-regulated tenancies.
City of New York v. 341 East 6th Street LLC, et. al. - the City seeks to enforce compliance with various code violations at a landmark building with rent-stabilized units. In addition to code violations, this building presents numerous public nuisances, as City agencies have issued a partial stop work order, have found issues with the building’s exterior appurtenances, and owners have been found conducting work without a permit.
City of New York v. Crisari Realty Inc., et al. - the City seeks correction of code violations and abatement of public nuisances at four rent-regulated buildings in the East Village with a history of neglect and mismanagement.
City of New York v. Kings and Queens Holdings, LLC, et al. - the City seeks to compel building owners to make repairs and restore long-displaced tenants to possession where a building sits vacant and without a roof for nearly eight years since a 2012 fire.
The case was handled by Alan Kleinman, Cynthia Weaver, and Daniel Whitman from the Law Department, Rachel Rabinowitz from DOB, Marti Weithman from HPD, and Brian Sullivan and Meaghan Whyte from Mobilization for Justice.
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