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Tardibone v Hopkins, 2007 NY Slip Op 27412 [17 Misc 3d 888]

Citation
Tardibone v Hopkins, 2007 NY Slip Op 27412 [17 Misc 3d 888]
Source verification
cross_accepted_sealed
Effective Date
2007-08-31

Full Text

1,219 chars
Based on this court's review of all of the evidence, as well as the court's personal inspection of the property, this court concludes that an order requiring the petitioner to repair the subject property will be more effective to ensure compliance with the Housing Code of the City of Auburn than issuing a warrant to dispossess and allowing the City of Auburn to enforce its violation notice in due course or abating the rent, since to date the petitioner has failed to correct the violations as ordered by the city and, apparently is unwilling to do so while the respondent remains in possession of the property.

In addition, the condition of the building and its interior are in such shape that it is in the public interest to have the violations corrected in a timely manner under judicial supervision. The repair of the porch and exterior will positively impact the curb appeal of the subject property thereby benefitting the neighborhood and the repair of the interior will result in a rental property in full compliance with the City of Auburn's Housing{**17 Misc 3d at 891} Code, thereby providing code compliant rental property available for the respondent currently and the rental population in the future.