In September of 2005, in response to complaints by the respondent, petitioner was cited by the City of Auburn for several Housing Code violations, all of which were corrected by the petitioner within approximately one month after being cited. Problems continued to occur, including a leaky roof, once again culminating into a violation notice issued by the City of Auburn dated July 12, 2007. Among the items cited included the ever reoccurring plugged sanitary sewer, water damaged ceilings (apparently caused by leaks in the roof), a rotting entrance porch and damaged rotted exterior siding among others. To date, none have been repaired except the sanitary sewer problem which again was cleaned out.
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According to Housing Code of the City of Auburn § 182-70 an owner is responsible to maintain his property in good repair. Moreover, the warranty of habitability (see Real Property Law § 235-b) mandates an owner to covenant and warrant that any property leased is fit for human habitation and that the occupants shall not be subject to any condition which would be dangerous, hazardous or detrimental to the life, health or safety.