against Respondents seeking an order directing Respondents to correct violations of the
Building Code that DOB placed on the subject premises. Respondents interposed an
answer raising a number of defenses. The Court held a trial of this matter on December
2, 2019, December 4, 2019, December 9, 2019, January 27, 2020, and February 11,
2020, and adjourned the matter for post-trial submissions to April 20, 2020.
Prima facie case on the HP cause of action
The parties stipulated that all of the petitioners except for Mark N. Lulgjuri ("the
Super") are proper petitioners and that Respondents are proper respondents. Petitioners'
and the Super's unrebutted testimony established that the Super lived in the subject
premises as a super. Lawful occupancy of the subject premises establishes standing to
commence an HP proceeding or a harassment proceeding. N.Y.C. Admin. Code
§27-2115(h)(1), N.Y.C. Admin. Code §27-2120(b). Accordingly, the Super is
a proper petitioner and the Court dismisses the fourth affirmative defense of
Respondents' answer, that the Super is not a proper petitioner.
A deed in evidence dated January 19, 2012 shows that Respondents had purchased
the subject premises at that time. The Real Property Tax Transfer report shows that
Respondents paid $4,500,000 for the subject premises.
DOB placed a vacate order dated July 2, 2019 ("the Vacate Order") on the subject
premises. The grounds stated for the Vacate Order include water damage in various
locations, a leaning stair, floors sagging excessively, water-damaged joists, deteriorated
stucco on a masonry wall, a deteriorated and sagging roof, a partially-collapsed first floor
which caused an interior wall to the cellar to buckle, a bulging wall, and a bowing
wall.