Clairjeune v Payano

Civil Court of the City of New York, Kings County

Decided on April 3, 2026

Index No. LT-000598-25/KI

Enedina Pilar Sanchez, J.

On March 13, 2025, an Order to Correct directed Respondents to correct violations of the Housing Maintenance Code. Respondents had not appeared, and Petitioner proved proper service of the commencing papers. The court took judicial notice of the website maintained by the Department of Housing Preservation and Development ("HPD") which is admissible pursuant to CPLR Rule 4518(c) and MDL §328(3). According to the HPD website, it showed that there were 43 violations of the housing code in the subject premises.

On March 25, 2025, the Order to Correct and a copy of the Violations Summary Report were mailed to the Respondents as per the Affidavit of Service. The matter was adjourned to April 15, 2025, for all purposes including an assessment of civil penalties. On April 15, 2025, the Petitioner did not appear, and the proceeding was marked dismissed without prejudice.

On or about June 25, 2025, Respondents moved by Order to Show Cause for an order modifying and vacating the March 13, 2025 Order to Correct. Respondents argued that because Petitioner had not appeared to address the civil penalties part of this HP case, her failure to appear "warrants a change in the status of the case . . . including the dismissal of the previous Decision and Order imposing fines and penalties." (Affr Resp Counsel, ¶15, NYSCEF Doc 12.)

Respondents' Order to Show Cause, Motion Seq. No.1, foremost, is not supported by an affidavit from a person with personal knowledge regarding the conditions in the subject premises. The HPD website shows that there are currently 53 violations of the housing code, which are more violations than what were noted when the Order to Correct was issued. The housing violations have not been certified as corrected since the Order to Correct was issued.

Here, Petitioner's failure to appear concerned the enforcement of the Order and the assessment of civil penalties. This is a tenant-initiated HP proceeding and Petitioner's subsequent failure to appear on the civil penalties hearing date does not render the violations of the housing [*2]code moot. Nor can it support a vacatur or modification of the Order to Correct. Compliance with the requirements of the housing code continues. Also, HPD is a party to this proceeding, and it is charged with the public duty to enforce the housing code. There is no evidence showing that HPD consents to the modification or vacatur of the Order to Correct. Petitioner's nonappearance on April 15, 2025 is not a basis to modify or vacate the Order to Correct, and the finding of 43 housing code violations in March 2025 cannot be disputed.

As the Appellate Term, Second Department noted in Harvey v. Miller Ave. Group, LLC, 86 Misc 3d 133(A) [App Term, 2nd Dept 2025], HPD has broad statutory enforcement mechanisms, and discretion. The agency is "charged with the responsibility of enforcing the broad public interest in maintaining housing standards under the Multiple Dwelling Law and the Housing Maintenance Code," citing D'Agostino v Forty-Three E. Equities Corp.,16 Misc 3d 59 [App Term, 1st Dept 2007], at 60-61. Here, the Order to Correct the housing code violations is proper and consistent with the responsibilities of HPD and not subject to modification or vacatur.

Accordingly, Respondents' Order to Show Cause (Motion Seq. No.1) is denied and the Order to Correct continues in full force and effect.

This Decision/Order will be filed to NYSCEF.

This is the Decision/Order of the court.

Date: April 3, 2026

Hon. Enedina Pilar Sanchez

Housing Court Judge