| Osman v Kirschenbaum |
| 2009 NY Slip Op 51762(U) [24 Misc 3d 143(A)] |
| Decided on August 14, 2009 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondents Steven Kirschenbaum and 1032-1034 Lex. Avenue, Ltd. appeal from an order
of the Civil Court of the City of New York, New York County (Oymin Chin, J.), dated June 9,
2008, which denied their motion for access and deferred until trial the resolution of
petitioner-tenants' cross motion for contempt in a Housing Part enforcement proceeding.
Per Curiam.
Order (Oymin Chin, J.), dated June 9, 2008, modified to direct that petitioner-tenants, within 10 days after service of a copy of this order with notice of entry, grant access to appellants for the purpose of curing the violations cited in the HPD inspection report; and as modified, order affirmed, without costs.
In light of the Housing Part's expansive jurisdiction over proceedings to enforce proper
housing standards (see Housing Maintenance Code [Administrative Code of City of NY]
§ 27-2115[a]; CCA 110[c]), the court was authorized to direct a hearing to determine the
underlying cause(s) of the alleged longstanding mold and "bubbling" walls conditions in tenants'
apartment. However, appellants should have been granted immediate access to abate the
violations found to exist within tenants' apartment and cited in the HPD inspection report
(see Housing Maintenance Code [Administrative Code of City of NY]
§ 27-2008).
We have considered appellants' remaining arguments and finding them lacking in merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.
[*2]
Decision Date: August 14, 2009