Both parties appeared on November 1, 2021. Respondent's counsel informed the court that petitioner had not done the work to remedy the conditions in the apartment since January 21, 2020, when the court's living conditions form was filed with the court and petitioner. Counsel stated that the tenant and his young daughters have been living with these conditions for over one year. Respondent's counsel placed in the record a certified copy of a complaint from the Department of Buildings for the City of Mount Vernon (Building Department) dated February 24, 2021, upon which Building Inspector David Barrett described the following conditions in respondent's apartment:
1. Kitchen fixtures inoperable
2. Kitchen cabinets broken and wood is withering
3. Wooden floors sinking-in
4. Bathroom tiles aren't corked so water comes from behind them
5. Broken doorknobs throughout apartment.
The Building Inspector also made the following observation:
"5/24/21 confirmed repairs need to be made throughout apartment kitchen is in need of immediate repair stove is inoperable damage to walls behind stove, sink separating from wall discovered hole in master bedroom ceiling master closet also need paint and repair (305.3 Interior Surfaces) spoke with management tenant is currently in court work order has been generated."