Revelation Church of God In Christ v Mason
Annotate this CaseDecided on October 1, 2015
City Court of Albany, Albany County
Revelation Church of God In Christ, Petitioner
against
Octavia Mason, Respondent
LT 3036-15
Thomas Gabriels, Esq.
Attorney for Petitioner
11 North Pearl St., Suite 1506Albany, NY 12207
Octavia Mason
Respondent, Pro se
248 Orange Street Apt. 3
Albany, New York 12210
Thomas K. Keefe, J.
Petitioner/landlord commenced this rent proceeding to evict respondent tenant from premises located at 248 Orange Street, Apt 3, Albany, New York. At the original return date defendant raised equitable issues pursuant to Uniform City Court Act (UCCA) §203(8). The parties stipulated that the party's relationship is one of landlord and tenant and that all notices and complaints had been properly served. The parties stipulated that the tenancy began in March 2015 and that rent is $600.00 month and that rent of $300.00 was paid in July and no rent has been paid for August or September, 2015. Parties stipulated that $1,500.00 is now due under the lease. The parties further stipulated that certain repairs were required to be dealt with by the landlord and that as of September 9, 2015, the City Building and Codes office inspected the premises and determined that repairs had been made.
Respondent testified that in about the second week of July 2015, a roof leak caused her bathroom ceiling to collapse for the third time and caused water damage to both her bedroom and [*2]her infant daughter's bedroom ceiling. There were some attempts to repair thereafter, but each time it rained further damage was incurred. Due to the bathroom situation and the health and age of her infant daughter, respondent abandoned the apartment for two weeks in July. Repairs were complete by the end of August 2015, but after the September 9, 2015 inspection by the City of Albany the ceiling began leaking again due to rain fall. She submitted evidence of a new City Building Department inspection report and notice of Code violation concerning the apartment. She submitted ten photos that she stated show the damages that she testified to. Half of the photos were taken the morning of the trial showing what appeared to be water damage.
Petitioner produced one witness, Wanda Wilson, the property manager. Ms. Wilson testified that she received the first report of the ceiling issue at the end of July 2015 and took immediate steps to have repairs made. She submitted a receipt into evidence (Exhibit No.1) that she alleged was landlord's purchase of supplies to effect repairs on August 24, 2015. The supplies purchased are "GAF #75 BASE SHEET 3SQ/RL" at a price of $49.50 and "GAF RUBEROID TORCH SMOOTH" at a price of $314.44. Repairs were complete as of August 31, 2015 according to Ms. Wilson, but she indicated that she had never been to the premises after March 2015 and she otherwise did not testify to any details of what repairs were made, how they were made or who made the repairs. She testified that respondent limited access to the premises by landlord during the month of August, and as a result of the respondent's acts the landlord was unable to make repairs sooner. She testified that due to a personality dispute between herself and respondent, she had stopped communicating with the respondent sometime in August. She testified that she had no personal knowledge of what respondent did or did not due to prevent the landlord from completing repairs.
Respondent testified that she did not prevent the landlord from effecting repairs, except to reasonably require some notice that workers were scheduled to be in her apartment so that she or someone on her behalf could be present. She testified that she sought a diminution of rent of $200 per month for the three months at issue.
Respondent asked the court to order the landlord to make repairs that will last for longer than the next rainfall.
CONCLUSIONS AND DETERMINATION
Section 203 (8) of the Uniform City Court Act provides:
"Actions and proceeding under article 7-A of the real property actions and proceedings law, and all summary proceedings to recover possession of residential premises to remove tenants therefrom, and to render judgment for rent due, including without limitation those cases in which a tenant alleges a defense under section 755 of the real property actions and proceedings law, relating to stay of proceeding or action for rent upon failure to make repairs and section 302-a of the multiple dwelling law, as applicable, relating to the abatement of rent in case of certain violations of local housing codes."
The Practice Commentaries of Professor David Siegel state that this section confers equity jurisdiction to "housing cases Summary proceeding, the landlord/tenant disputes over which city courts of course have jurisdiction .According to the Assembly's memo in support of this bill, the purpose is to grant to the city courts the same equity jurisdiction in housing matters' that the civil court has, including the issuance of injunctions and the appointment of receivers."
The purpose of the section is to give the City Court power to require repairs to residential [*3]premises where a landlord seeks the jurisdiction of the court to terminate a tenancy. The court finds that the respondent has properly sought equity jurisdiction under the UCCA.
Here the parties have stipulated that repairs were needed to be made by the landlord and that, as of September 9, 2015, an inspection report from the City Building and Codes Office showed that as of that date the repairs were complete. The landlord has submitted no evidence of what work was done that resulted in the September report. The tenant has testified and submitted photos of water damage to her apartment after the September 9, 2015 City inspection report.
By reason of the forgoing, petitioner is ordered to take such steps necessary to determine the cause of what appears to be an ongoing problem with the roof of the premises. Further, the court directs landlord to follow up on said determination and remedy same by bringing the premises in compliance with the Albany City Building Code. The parties are directed to appear before this court at 9:30 a.m. on Friday, October 16, 2015, with the petitioner prepared to show compliance with this order. It is suggested that petitioner have at least one witness that has personal knowledge of the work performed in order to meet their burden in this order.
Further, the court finds that respondent has met her burden to show that she is entitled to an abatement of rent for July and August 2015. With regard to July, the court finds that an abatement of 50% is appropriate, or the sum of $300. With regard to August, the court finds that respondent is entitled to an abatement of $200. The court finds that respondent has not shown that she is entitled to an abatement for the period of September 1 through September 21, 2015.
By reason of the foregoing the court awards judgement to the petitioner in the sum of $1,000.00 and adjourns this matter for further proceedings to October 16, 2015 at 9:30 a.m. The Court will consider issuing a warrant of eviction on October 16, 2015, should respondent fail to pay the $1,000.00 due by that date and should petitioner complete all required repairs.
SO ORDERED
ENTER
Dated: October 2, 2015
Albany, New York
Thomas K. Keefe
Albany City Court Judge
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