Opinion
570478/04, 04-322/323.
Decided November 23, 2005.
Landlords appeal from (1) a judgment of Civil Court, New York County (Margaret Parisi McGowan), entered December 189, 2001 after a hearing, which awarded respondent Department of Housing Preservation and Development civil penalties in the amount of $48,750, plus interest and (2) an order of the same court and Judge, dated June 4, 2003, which in effect, denied landlords' motion to set aside the aforesaid judgment.
Judgment entered December 18, 2001 and order dated June 4, 2003 (Margaret Parisi McGowan, J.) affirmed, with one bill of $25 costs.
PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ.
The hearing evidence, including the uncontradicted expert opinion evidence offered by the petitioning tenants, firmly established the landlords' failure to remedy what the court reasonably found to be the "utterly deplorable conditions" in the apartment premises or to correct the long standing class C violations as required by the governing consent order. To the extent the court found that the "progress of repairs" was impeded "at times" by the tenants' conduct in videotaping the landlords' workers, we agree that any resultant restriction of access bears only upon the amount of the civil penalty award and provides no basis to exonerate landlords of liability for civil penalties otherwise warranted ( see Administrative Code of City of N.Y., § 27-2116 [b][2][i]).
We have considered and rejected landlords' remaining argument.
This constitutes the decision and order of the court.