Procedural History and Order to Correct

Petitioner commenced this HP action on October 25, 2024 as a pro se litigant. Petitioner complained about an infestation of rats in her apartment, mold in the closet, broken trash compactor, and damages to the bedroom door, the kitchen cabinets and floors done by rats.

The proceeding was first on the HP calendar on November 14, 2024. An HPD Inspection on November 1, 2024 found violations including an order to abate the infestation of "rodents rat [*2]droppings in the entire apartment."

Respondent Meridian Properties appeared by counsel and filed a verified answer. On the first court date, the parties agreed to access dates from December 4-6, 2024. The stipulation dated November 14, 2024 provides, petitioner represents that the "rat infestation is currently in her kitchen cabinets; the rats are living in and have destroyed the kitchen cabinet. Petitioner represents that the kitchen cabinets need to be removed, the holes need to be plugged to prevent new rodents from entering, and new cabinets need to be replaced because the current ones have a foul smell of rodents." The case was adjourned to January 9, 2025.

On January 9, 2025, the parties signed a consent Order to Correct. Additional access dates were granted as January 21-23, 2025. The Order includes, that petitioner reports that all cabinets need to be removed and replaced as the kitchen cabinet have been destroyed by rats. The consent order indicates that petitioner has "shown these videos to [respondent's] attorneys."

On March 3, 2025, petitioner filed an Order to Show Cause to hold respondent-owner in contempt of court by fine and/or imprisonment. Petitioner alleged that the rat situation was not abated, and the lead-based paint violation was painted over, however, DHPD had to go to apartment and remove the entire lead-based paint baseboard to abate the lead-based paint condition.

On March 21, 2025 petitioner's Order to Show Cause to hold respondent in contempt was heard and adjourned to April 4, 2025, for a hearing. Respondent's counsel argued and represented to that they were using a pest management company and were ready to abate the rat situation in the apartment. Petitioner granted additional access dates of March 25, 2025, March 26, 2025, March 28, 2025, March 31, 2025, and April 2, 2025. Respondent was granted until April 1, 2025 to file written opposition.

On April 4, 2025 the court granted petitioner's Order to Show Cause to hold respondent in contempt. There was no written opposition filed by April 1, 2025. The court was informed that respondent did not go through the steps that here outlined on March 21, 2025 when five access dates were selected to remove the kitchen base cabinets, and the bathroom vanity as the rats are entering the subject premises through the back of these cabinets, and to seal the entry ways.

On April 4, 2025, Brooklyn Legal Services filed a Notice of Appearance on behalf of petitioner. The contempt hearing was scheduled for April 10, 2025, at 2:30 pm.

Respondent called its first witness, James Demetriades who was sworn in. Mr. Demetriades testified that he was in the apartment on April 8, 2025, that the kitchen cabinets was removed, that the contractor sealed the areas behind the kitchen cabinets and that the exterminator was there to treat points of entry. Respondent offered in evidence an invoice from Dial-A-Bug Pest Control company. (Resp's A) Respondent presented photographs of the kitchen cabinet,inside 2 cabinets, part of the wall behind cabinet, sink drainpipe, and the countertop resting on living room floor. These pictures were marked in evidence. (Resp's B1-B8; B7 was withdrawn.)

Respondent's witness was cross-examined and confirmed that he has not seen the apartment since the work was done. The witness testified that the extermination company issues monthly reports and that he was aware of about 4 reports for this apartment.

The Court was asked to take Judicial Notice of other violations for the 5th Floor and the compactor closet at the public hallway.

Respondent rested.

Petitioner was sworn in and testified that she moved into the subject premises in April 2001. The first experience with rats in the apartment was in October 2020. The second time began in May 2024. Petitioner testified she notified the landlord, she called the superintendent, Frank, and he helped to close some holes. She testified that she heard and saw evidence that the rats were entering from behind the kitchen base cabinets, eating through the drawers, on top of the refrigerator, behind the sofa and inside the sofa, eating the roots of her house plant, that was a plant in memory of her son, the rats were in the kitchen cabinets, and in the bookshelves. Petitioner testified that she had to throw out her sofa, everything in the kitchen cabinets and drawers, the bookshelves and books. She testified that she would wake up during the nights and could hear the rats in the kitchen and bathroom. In the bathroom, the rats were living in the shower stall, and petitioner testified the rats were entering the bathroom through the radiators.

Petitioner testified that due to the rat infestation, her grandson who was living with her since November 2024 could no longer stay with her in the apartment. The night noises were too much. Petitioner testified that she could smell the urine and feces, and odor of the rats in the apartment, including seeing the rat black "sebum" marks left behind by the rats.

Petitioner testified that her son would not visit her because he has a fear of rats. Petitioner testified that she has not been able to cook in her apartment, have family or friends visit her, or celebrate holidays like Thanksgiving. Petitioner testified that she has had health concerns triggered by the stressful situation caused by the infestation of rats in her apartment.

Regarding access dates, petitioner testified that she would give access on the dates selected and no one would come to the apartment. Pursuant to the January 9, 2025 Order to Correct the access dates were January 21st, 22nd, and 23rd and no one came. Respondent did not try to reach out to her. After filing the Order to Show Cause to hold respondent in contempt, and additional access dates granted, the exterminator only went to the apartment on March 28, 2025. On the access dates of March 25, March 26, March 31, and April 2, 2025, no one went to address the infestation or to look at the cabinets or remove the cabinets to close the holes.

The work was commenced on April 8, 2025 and April 9, 2025, two days before the contempt hearing scheduled for April 10, 2025.

Petitioner testified that after the extermination company came to treat the infestation, on April 8, 2025, from 10:23 am to 11:01 am (Resp's A), respondent wanted to reconnect the rat-infested kitchen cabinet. Petitioner testified that she saw the large holes behind the cabinet, and she saw so much rat feces on the bottom that she could not see the floor and she saw the black sebum oil left behind by the rats. Petitioner testified that behind the stove, the refrigerator and the radiators, where the rats roamed, those walls were not painted. The kitchen was not painted. The stove drawer cannot be used. Petitioner wants the stove to be replaced because the rats roamed in the stove drawer through the back of the stove.

Petitioner presented a certified document from DHPD showing that on December 19, 2019, February 21, 2020 and August 12, 2024 there were "C" violations for infestation of rat infestation Apartment 1M and in the subject premises. Furthermore, the certification of [*3]completion was noted as "false certification." The violation of February 4, 2025 for infestation of rats in the entire apartment indicates that a certification was received by HPD on February 25, 2025, however, the work was commenced on April 8 and April 9, 2025. (Pet's 1 in evidence.)

At the conclusion of petitioner's testimony, respondent agreed to paint behind the stove and refrigerator, look at the bedroom door, and address holes in radiators throughout the apartment. The parties selected access dates of April 15, 2025 and April 16, 2025.

The evidence shows that respondent only took steps to commence addressing the serious rat infestation in petitioner's apartment after petitioner filed the Order to Show Cause to hold respondent in contempt.

April 8, 2025 and April 9, 2025, two days before the contempt hearing was scheduled, is when the contractors went to petitioner's apartment, removed the kitchen base cabinets and proceeded to cover the holes that have been a clear entry way to the apartment. The testimony from respondent's witness and evidence presented, indicates partial purging of its contempt of court. The Order to Correct provided access dates, and except for one day when the pest control company visited the apartment, respondent simply did not follow through. On March 28, 2025 the pest control company noted the rat black sebum through the wall and "heavy rodent smell coming from there recommend removing base cabinet ." NYSCEF Doc. No.11.

Respondent is held in civil contempt pursuant to Judiciary Law §773 and §774. Respondent's actions have defeated, impaired, impeded and prejudiced the rights of the petitioner. The unequivocal order to abate the source or the underlying cause creating the pest infestation in the subject premises has been addressed in part. The rats may be stopped from reentering the kitchen area now that the walls behind the kitchen base cabinet have been sealed, but the openings behind the radiators was not addressed by the hearing date. There are violations for accumulation of refuse at the 5th floor compactor closet and defective latch on the compactor door on other floors, these violations may aggregate the pest control situation in the building. The presence of a rat infestation in a residential apartment calls for an immediate and comprehensive pest abatement plan. Here, the respondent waited months and months before the first significant steps were implemented, which required the removal of the kitchen base cabinet to seal the holes.

The purpose of civil contempt is to coerce compliance with a court order and/or compensate the injures party. El-Dehdan v El-Dehdan, 26 NY3d 19 (2015). In El-Dehdan, Judge Rivera wrote, in McCormick v. Axelrod, this Court explained that civil contempt seeks "the vindication of a private right of a party to litigation and any penalty imposed upon the contemnor is designed to compensate the injured private party for the loss of or interference with that right" (McCormick, 59 NY2d 574 at 583, citing State of New York v Unique Ideas, 44 NY2d 345 [1978]).

Here, petitioner has demonstrated, without a doubt, that she could not use her kitchen, that she could not have her family or friends over, that she was awaken during the night from the noise created by the rats in the apartment, that her health suffered from the stress of seeing, hearing and smelling the rats in the apartment. Petitioner testified that she had to throw out everything in the kitchen base cabinets and the kitchen drawers, her sofa, her bookshelves, her books and even her plant that was kept in memory of her son.

Pursuant to the Civil Court Act § 110 (c), the Housing Part of the Civil Court may

employ any remedy, program, procedure or sanctions authorized by law for the enforcement of housing standards, if it believes they will be more effective to accomplish compliance or to protect and promote the public interest

Among the remedies available upon a finding of civil contempt include civil penalties, a fine of $250.00 or actual damages and an abatement of rent based upon the undisputed unhabitable conditions of the subject premises.

Accordingly, it is

ORDERED that respondent take all proper, immediate and needed steps to completely abate the nuisance of rats in the subject apartment and the building, and it is

ORDERED that this matter is scheduled for a hearing on June 30, 2025 at 2: 30 PM, to determine petitioner's actual damages, rent abatement, civil penalties, costs, and attorney's fees.

This Decision/Order will be filed to NYSCEF.

This constitutes the Decision/Order of the court.