Housing 2000 HDFC v. Ivey

2025 NY Slip Op 34079(U)
CourtCivil Court Of The City Of New York, New York County
DecidedOctober 31, 2025
DocketIndex No. L&T 300147/21
StatusUnpublished

This text of 2025 NY Slip Op 34079(U) (Housing 2000 HDFC v. Ivey) is published on Counsel Stack Legal Research, covering Civil Court Of The City Of New York, New York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Housing 2000 HDFC v. Ivey, 2025 NY Slip Op 34079(U) (N.Y. Super. Ct. 2025).

Opinion

Housing 2000 HDFC v Ivey 2025 NY Slip Op 34079(U) October 31, 2025 Civil Court of the City of New York, New York County Docket Number: Index No. L&T 300147/21 Judge: Clinton J. Guthrie Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. LT-300147-21/NY FILED: NEW YORK CIVIL COURT - L&T 10/31/2025 04:03 PM NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 10/31/2025

CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK: HOUSING PART D ---------------------------------------------------------------X HOUSING 2000 HDFC, Index No. L&T 300147/21 Petitioner,

-against- DECISION/ORDER

DOUGLASS IVEY,

Respondent. ----------------------------------------------------------------X

Present:

Hon. CLINTON J. GUTHRIE Judge, Housing Court

Recitation, as required by CPLR § 2219(a), of the papers considered in the review of respondent's motion for an order to co1Tect pursuant to Civil Comt Act§ 1 l0(c) and NYC Administrative Code§ 27-2121 and related relief:

Papers Numbered

Notice of Motion & All Documents Annexed .. .. . .... . .. .... ... ..... . 1 (NYSCEF #57-59) Affirmation in Opposition & All Documents Annexed . .. ......... . 2 (NYSCEF #62-76) Affirmation in Reply & All Documents Annexed ............. ....... . 3 (NYSCEF #77-89)

Upon the foregoing cited papers, the decision and order on respondent's motion is as follows.

PROCEDURAL HISTORY

This summary nonpayment proceeding was filed in December 2020. The case was

initially stayed pursuant to various COVID-19-related laws. Counsel for respondent appeared in

November 202 1 and filed an answer on his behalf in January 2022. On November 14, 2022, the

parties' attorneys executed a stipulation that restored the case from the ERAP (Emergency

Rental Assistance Program) administrative calendar.

On October 16, 2023 , Judge Tracy Ferdinand rendered a Decision/Order denying

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petitioner's motion for a default judgment, deemed respondent's January 2022 answer to be

properly interposed, and denied respondent' s request to withdraw the answer and file a new

answer with a personal jurisdiction defense. Thereafter petitioner' s first attorneys moved for

leave to withdraw as counsel, which was granted by stipulation dated March 14, 2024. On

March 13, 2025, new counsel for petitioner and respondent's attorney executed a stipulation

granting respondent' s motion to amend the answer.

Respondent now moves for an order to correct and for an order requiring petitioner to

employ integrated pest management. The motion was adjourned several times for briefing and

potential resolution. After submission and reply papers were submitted, this court heard

argument on the motion on October 30, 2025.

DISCUSSION/CONCL USIO

Respondent first seeks an order to correct open HPD (NYC Department of Housing

Preservation and Development) violations issued for the subject premises. The court notes that

respondent' s amended answer includes a counterclaim for an order to correct. Annexed to the

motion is a list of open HPD violations for Apartment 20 (the subject premises) dated June 15,

2025. An updated list of violations, dated October 29, 2025 , is annexed to the reply papers.

Petitioner opposes the request for an order to correct, primarily citing lack of access for repairs.

Pursuant to NYC Admin. Code§ 27-2121, " [i]n any action or proceeding brought in the

housing part of the New York city civil court, the court, on motion of any party or on its own

motion, may issue such preliminary, temporary or final orders requiring the owner of property or

other responsible person to abate or corrections of' the Housing Maintenance Code.

Additionally, pursuant to Civil Cowi Act§ l l0(c), the court "may recommend or employ any

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remedy, program, procedure or sanction authorized by law for the enforcement of housing

standards, if it believes they will be more effective to accomplish compliance or to protect and

promote the public interest." If violations of the Housing Maintenance Code are demonstrated,

the court is empowered to issue an order to correct (see D 'Agostino v Forty-Three E. Equities

Corp., 12 Misc 3d 486,489 [C iv Ct, NY County 2006], afld 16 Misc 3d 59 [App Term, 1st Dept

2007]). The recognized defenses to an order to correct are few : " lack of standing or jurisdiction,

completed repairs, conditions are not code violations, notice of violation is facially insufficient,

[party] is no longer the owner and economic infeasibi lity." (Id., 12 Misc 3d at 489-490). Lack of

access is not a recognized defense to an order to correct (Id., 12 Misc 3d at 490; see also Diego

Beekman Mutual Housing Assn. Haus. Dev. Fund Corp. v Hammond, 81 Misc 3d 1244[A], 2024

NY Slip Op 50144[U], *2 [Civ Ct, Bronx County 2024]; Vargas v Suffolk St. Apt. Corp., 66

Misc 3d 12 14[A], 2020 NY Slip Op 50090[U] , *3 [Civ Ct, NY County 2020]).

Respondent has established a prima facie entitlement to an order to correct, as there are

numero us open HPD violations issued for the subject apa1tment that are not certified as corrected

(see Fiondella v. 345 W. 70th Tenants Corp. , 217 AD3 d 495 , 496 [l st Dept 2023] [HPD

violations are prima facie evidence of conditions affecting life, health or safety]; Dept. ojHous.

Preserv. & Dev. v. Knoll, 120 Misc 2d 813,814 [App Term, 2d Dept 1983]). Petitioner' s

defense based on lack of access, even where there is a lease provision requiring access, is

inadequate to defeat an order to correct, as discussed above (see D 'Agostino, 12 Misc 3d at

490). 1

The court notes that the original lease from 1994 annexed to the opposition papers, which includes a provision regarding access for repa irs, does not bear the name of respondent. To the extent that petit ioner claims that respondent was added to th e lease via a renewal in 20 13, there is no clear showing that he becam e bound by the

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Accordingly, the court grants petitioner's motion and hereby orders petitioner to correct

all open HPD violations listed in Paragraph 28 of respondent s attorney ' s affirmation in support

of the motion (NYSCEF Doc. 58) as follows: all class "C" (i mmediately hazardous) violations

shall be corrected on or before November 17, 2025; all class "B" violations (hazardous)

violati ons shall be corrected on or before December 5, 2025; and all class "A" (nonhazardous)

shall be corrected on or before February 6, 2026. A list of all current open violations is annexed

to this Decision/Order for reference. Respondent shall provide reasonable access for repairs

upon 48-hours' notice in writing; however, only 24-hours' notice in writing shall be required to

correct any " C" violation. The attorneys for the parties shall cooperate in good faith in resolving

any issues regarding access scheduling. All repair work shall occur on weekdays (excluding

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Related

D'Agostino v. Forty-Three East Equities Corp.
16 Misc. 3d 59 (Appellate Terms of the Supreme Court of New York, 2007)
Department of Housing Preservation & Development v. Knoll
120 Misc. 2d 813 (Appellate Terms of the Supreme Court of New York, 1983)
D'Agostino v. Forty-Three East Equities Corp.
12 Misc. 3d 486 (New York Supreme Court, 2006)

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Bluebook (online)
2025 NY Slip Op 34079(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/housing-2000-hdfc-v-ivey-nycivctny-2025.