Dep't of Hous. v. France, 066176/18

• Decision Date: 22 March 2019
• Docket Number: 066176/18
• Citation: 97 N.Y.S.3d 433,63 Misc.3d 792
• Court: New York Civil Court
• Parties: DEPARTMENT OF HOUSING, PRESERVATION AND DEVELOPMENT, Petitioner, v. Watson FRANCE, Respondent.

63 Misc.3d 792
97 N.Y.S.3d 433

DEPARTMENT OF HOUSING, PRESERVATION AND DEVELOPMENT, Petitioner,
v.
Watson FRANCE, Respondent.

066176/18

Civil Court, City of New York.

Decided March 22, 2019

97 N.Y.S.3d 434

Petitioners are represented by: DHPD by Emily Veale, Esq.

Respondent is represented by: Watson France, Pro Se

David J. Bryan, J.

63 Misc.3d 793

the Decision and Order on this Motion are as follows:

In this residential HP Action DHPD's Notice of Petition moves for an Order requiring respondent to "provide the legally required heat and hot water, maintain the system free of any device that is capable of causing an otherwise operable system to provide less than the minimum legal requirements of heat and/or hot water, provide access to the boiler area and post proper notices relating to access to the boiler area". In addition, petitioner seeks the costs and disbursements of this proceeding. The violations in question are noted in the Notice of Violation as having occurred November 13, 2018 at 10:50 am by "Badge" 3958 and signed by "T Riley".

In the Petition in addition to the abovementioned relief petitioner seeks civil penalties at a rate of "For the first violation issued, not less than $ 250 per day nor more than $ 500 per day from the date the notice of violation was affixed, until the date the violation is corrected; for each subsequent violation issued at the same dwelling or multiple dwelling, not less than $ 500 per day nor more than $ 1000 per day per violation from the date the notice(s) of violation(s) was/were affixed, until the date the violation(s) is (are) corrected".

The respondent has not answered the petition. However, during the conference at the bench respondent indicates that she cured the loss of heat in her building by the morning of November 14, 2018. Respondent's position is that she cured the problem within 24 hours, that the interruption of heat was due to maintenance of the boiler, her tenants were given notice that the heat would be interrupted, and this is a rare event. Respondent shows receipts that would tend to substantiate the timeline of a short interruption of heat.

On...