Procedural History and Evidence Presented

Petitioner commenced this HP proceeding seeking an Order to Correct. On November 4, 2024, the court issued an Order to Correct on Default. The request to vacate this Order was denied on December 3, 2024 and to this date there are conditions in the subject premises that violate applicable housing standards.

Pursuant to the November 4, 2024 Order to Correct, the court scheduled a compliance conference and civil penalties hearing on December 3, 2024 at 2:15 pm. The compliance conference continued January 27, 2025 with the Hon. Weisberg. Petitioner reported to the court that workers went to the apartment, went straight to the bathroom, opened the ceiling, left wires hanging out and FDNY had to go to the apartment to put out an electrical fire.

The compliance conference continued March 10, 2025 and HPD sought $10, 000.00 in civil penalties for the mice violations. The proceeding was adjourned to April 8, 2025, for a hearing on civil penalties. Additional access dates and a re-inspection of conditions that violate housing standards were granted.

On April 8, 2025 the hearing commenced. Petitioner was sworn in and testified about the floor gaps and unleveled floor, the radiators and their control knob, mold and mice entering the apartment. The hearing was continued to May 1, 2025, and additional access dates granted on April 23, 2025 and April 24, 2025 for respondent to correct the floors and radiator. Petitioner's photographs of the floors and radiator were marked in evidence. The hearing was continued to May 29, 2025; however, no testimony was heard as the respondent indicated that it wanted to correct the conditions in the apartment. The court issued an Order memorializing the access dates and the work to be completed on those days. The proceeding was adjourned to June 16, 2025 at 9:30 am for a status update on the repairs.

On June 16, 2025 the hearing was to resume, however, respondent's counsel filed an Affirmation of Engagement. The proceeding was adjourned to July 2, 2025.

On July 2, 2025, petitioner stated that the workers/respondent went to the apartment on June 3, June 4, and June 6 and did "nothing." On June 5, 2025 no one went to the apartment to work on the conditions. The June 2025 access dates were memorialized in the Order of May 29, 2025, which were dates selected in court by the parties. Petitioner, who was still under oath, [*2]stated that conditions were getting worse. He stated that in respondent was supplying heat and his apartment was excessively hot. During the early part of July 2025, it was very hot outdoors, and heat would not be expected or needed.

Petitioner further stated that respondent has come to the apartment on at least two Sundays when he goes to church and that this is disrespectful to his day of Sabbath. Respondent presented photographs of work done regarding other parts of the apartment floors. The photographs related to work done in 2024 to the wood floors in a different part of the apartment. The wood floors were replaced in an area in the kitchen and in a part of the foyer, these repairs were done before this case was commenced.

Respondent's counsel argued that the description in the HPD Violation Summary Report did not help respondent understand what needed to be done. They felt that the work was done. Counsel for HPD indicated that a respondent may ask for technical assistance from HPD. The court requested further clarification as this would assist in resolving the issue before the court.

The parties agreed that the proceeding would be adjourned for HPD to provide the amplification requested. Pursuant to the additional information provided by HPD, the court would issue a decision regarding the correction of the defective wood floor condition.

Counsel for HPD filed to NYSCEF an Affidavit of Facts, the Violation Summary Report generated on July 14, 2025, and a detailed floor plan of the subject premises. The floor plan has an "X" mark on the areas of the floor that must be corrected. HPD is the agency with authority to seek enforcement of the applicable housing code, and its documents provide further details and information of what must be done. The condition that must be corrected is the defective wood floor. "Repairs to broken or defective wood floors require installation of the same or similar materials." NYSCEF Doc.31, ¶ 9. The "HPD inspector prepared a sketch of Petitioner's unit that includes "Xs" to identify the location of the violation placed in the unit." Doc 31 ¶ 10.

Prior to HPD presenting the Affidavits of Fact, the Violation Summary Report and the floor map, respondent argued that it had repaired the floor of the subject premises. The floor areas repaired were in the kitchen and part of the hallway; respondent's photograph of the work shows that the subfloor was removed and replaced and then wood floor square placed over the replaced subfloor.

HPD's Affidavit of Fact, Violation Summary Report, and floor plan, the sketch, require that respondent remove the damaged floor and replace it with the same or similar materials. Respondent's repair comprised of "wood putty" inserted in different areas of the defective floor does not constitute a proper correction of the condition. Indeed, respondent's own photographs show that respondent knows exactly what to do as it has done so before in other parts of the apartment where the floor was defective. The replacement of the subfloor is an integral part to complete the repair of the wood floor. The sloping floor and gap between the walls and the floor, as indicated and testified to by petitioner, support a finding of noncompliance by respondent.

There is no dispute that respondent had to address the subfloor before, and the condition has presented itself in another part of the subject premises. The floor is continuous, and it is to be continuously even, thus the repairing of one part of the subfloor previously is equally required now to correct the condition of the defective floor in the foyer and any other area in the subject premises where the wood floor is broken or defective.

Accordingly, this Court finds consistent with the November 4, 2024 Decision/Order, that respondent has not complied with the November 4, 2024 Order to Correct. The wood floor violation that was initially entered on September 13, 2024 and found to continue to exist on June 17, 2025 (NOV June 18, 2025), this finding occurred during the time the compliance hearing was taking place, and calls for the imposition of civil penalties, and it is

ORDERED that respondent correct the broken or defective wood floor in the foyer with the same or similar material, forthwith, and to be completed by later than August 25, 2025, work shall not take place on a Sunday, and it is

ORDERED that respondent complete repairs of the other conditions by no later than August 27, 2025, and it is

ORDERED that this matter is restored to the calendar to be heard on August 28, 2025, at 9:30 am, for the imposition of civil penalties to be computed by HPD.

This Decision/Order will be filed on NYSCEF.

This constitutes the Decision/Order of the court.