Department of Housing Preservation and Development, Petitioner(s), v. Arie Weissman, et al, Respondent(s) (2026)

Recitation, as required by CPLR § 2219(A), of the papers considered in the review of this (these) motion(s):

Papers Numbered [NYSCEF Doc. No.]

RESPONDENTS' NOTICE OF MOTION, SUPPORTING AFFIRMATION, AND EXHIBITS 1 [20-25]

PETITIONER'S AFFIRMATION IN OPPOSITION 2 [26]

RESPONDENTS' AFFIRMATION IN REPLY 3 [27]

Upon the foregoing cited papers, the Decision and Order on this (these) Motion(s) is as follows:

In this "Housing Part" (HP) proceeding in which Petitioner Department of Housing Preservation and Development (HPD) seeks an order directing Respondents Arie Weissmann, Edwin Rivera, and 1250 Estates LLC to correct alleged heat and hot water violations of the Housing Maintenance Code (HMC) at the subject premises located at 1250 Franklin Avenue, Bronx, New York and to pay civil penalties for such violations, Respondents move to dismiss the proceeding on the ground that 1250 Estates LLC is no longer the owner of the subject premises, Arie Weissman is no longer the managing agent of the subject premises, and Edwin Rivera is no longer the superintendent of the subject premises. In support of the motion, Respondents submit a copy of a deed recorded with the NYC Department of Finance on December 2, 2025 indicating a transfer of ownership of the subject premises from 1250 Estates LLC to MCK Liability LLC. As this proceeding was commenced on May 29, 2025, the property transfer occurred some six months after the commencement of the proceeding. Respondents further assert that Weissman ceased to be employed by 1250 Estates LLC in July 2025, approximately two months after the commencement of the case. Respondents argue that these circumstances render the instant proceeding moot as against these parties requiring dismissal.

In opposition to the motion, Petitioner does not dispute the propriety of the transfer to a new owner, but argues that this transfer neither requires nor favors dismissal of the proceeding. Petitioner, citing, inter alia, Hous. and Dev. Admin. of City of New York v Johan Realty Co., Inc., 93 Misc 2d 698 (App Term 1st Dept 1978), Dept. of Hous. Preserv. and Dev. of City of New York v Living Waters Realty Inc., 14 Misc 3d 484 (Civ Ct NY Cty 2006), and Housing & Dev. Admin. of City of NY v Bryant Westchester Realty Corp., 14 Misc 3d 484 (Civ Ct NY Cty 1977), contends that the transfer of ownership does not extinguish Respondents' liability for failure to cure noticed violations charged against the premises while they were in ownership and control of the premises.

The Court finds that Respondents fail to establish grounds for dismissal of the proceeding, particularly as to Petitioner's first cause of action for civil penalties. While Respondents' liability for civil penalties may be limited to those which accrued the period during which Respondents owned and controlled the subject premises, there is no basis to conclude that the property transfer itself eliminates Respondents' liability for civil penalties which accrued during that period. See NYC Admin Code § 27-2115 (imposing liability for civil penalties for HMC violations "from the date set for correction in the notice of violation until the violation is corrected" on "a person who violates any law relating to housing standards").

Moreover, the civil penalties scheme contained in the HMC is intended to compel property owners to comply with housing maintenance standards. See Singletary v Residential Mgt. Inc., 77 Misc 3d 20, 22 (App Term 1st Dept 2022). If a property owner were wholly relieved of their responsibility for paying such penalties when they sell a property, it would incentivize the rapid transfer, or even abandonment, of properties in distress, rather than encouraging the repair and elimination of conditions that violate the HMC. The Court's enforcement of civil penalties in an HP proceeding implicates interests beyond those of the landlord (and tenants) in the case, as it is "part of a broad statutory enforcement mechanism where both the Housing Part of the Civil Court and the New York City Department of Housing Preservation and Development ... are charged with the responsibility of enforcing the broad public interest in maintaining housing standards under the Multiple Dwelling Law and the Housing Maintenance Code." Harvey v Miller Ave. Group, LLC, 86 Misc 3d 133(A) (App Term 2nd Dept 2025), quoting D'Agostino v Forty-Three E. Equities Corp., 16 Misc 3d 59, 60-61 (App Term 1st Dept 2007).

Based on the foregoing, it is

ORDERDED that the motion is denied; and it is

ORDERED that the proceeding is scheduled for trial on June 8, 2026 at 9:30 am in Part S.

This constitutes the decision and order of the Court.

Dated: June 5, 2026

Bronx, NY

HON. JORDAN M. DRESSLER

Judge, Housing Court

Jordan M. Dressler, J.