Sanjurjo v Milio, 2021 NY Slip Op 50208(U) [70 Misc 3d 1224(A)]

no reason to make a ruling compelling the landlord to provide and pay for relocation. Thus, any
implication that the lower court had the power to order relocation is of limited value [as
binding authority]. This court will not read into Farber more than what is there.

In Farber, it was undecided whether the respondent-landlord caused the condition
that needed repair.[FN17]
Here, there is no allegation that respondent-landlord [through acts or omissions] caused the
apartment fire.[FN18]

Thus, to the extent that the Farber, Gonzalez, Revilla, and
Allen courts allowed tenant(s) to seek relocation costs in an HP proceeding, equity
favored those outcomes where the landlord was at fault [Gonzales, Revilla and
Allen] or might have been at fault [Farber].[FN19]
In other words, this court might be empowered to award relocation costs under when it would be
equitable to do so.

The cases petitioner relies on require landlord fault eventuating in a vacatur. The amended
petition does not allege the respondent's actions or omissions caused the October 24, 2020 fire
and there is no dispute it was that fire that caused the petitioner to vacate.

For these reasons, respondent's motion to dismiss the cause of action for relocation and/or
costs is granted as against respondent-landlord.

ORDER TO CORRECT

a. The respondent, Carmelo Milio, shall correct the class "C" violations placed by
DHPD in apartment 2-D at 758 Kelly Street, Bronx, NY 10454 on or about January 13, 2021,
within 30 days of service of a copy of this Order upon respondent's counsel via regular mail with
certificate of mailing and email, or be subject to civil penalties and/or contempt of court, as
appropriate.
b. This court shall retain continuing jurisdiction
over this matter.

CONCLUSION