Respondent Mark Green and his counsel appeared in person for the evidentiary hearing on November 22, 2021, pursuant to the court's order dated November 4, 2021. Respondent's reply papers allege that the landlord was notified of the poor conditions in his apartment, which were reported to the landlord in January 2020 when the parties appeared in court. Subsequently, the conditions were identified in the Mount Vernon Building Department's complaint of February 24, 2021, and notice of violation dated October 22, 2021. Petitioner failed to remedy these conditions for over one year. Respondent's counsel{**74 Misc 3d at 193} communicated the poor housing conditions to petitioner's counsel since the commencement of these proceedings. Mr. Green said that he complained of the conditions in his apartment to the landlord and its agents/employees prior to the commencement of the summary proceedings and nothing was done. Respondent particularized the conditions in his reply papers along with supporting exhibits.
At the hearing, Mr. Green stated that, other than cosmetic painting over the water damage from the leaky ceiling, petitioner did not make the repairs described in the notice of violation or complaint issued by the Building Department. The respondent requests that the court grant respondent's motion for an order pursuant to section 382 (3) of the Executive Law (as amended) directing the petitioner to abate the conditions which are in violation of the Uniform Fire Prevention and Building Code.
Discussion