Further, the Building Department issued notice of violation No. 42876 dated [*3]October 22, 2021, against petitioner with respect{**74 Misc 3d at 191} to conditions in respondent's apartment, including water damage throughout the kitchen, and noted that the floor in the apartment is in poor condition with accumulation of an unknown substance. The notice of violation also states: "OWNER IS REQUIRED TO LOCATE CAUSE OF WATER DAMAGE AND CORRECT THE ABOVE CONDITIONS IMMEDIATELY."
Petitioner's counsel admitted that access was provided on September 21, 2021, but argued that petitioner had no access to the apartment to make repairs on September 20, 2021. The tenant disputed counsel's assertion stating that access was provided on September 20, 2021, because the building superintendent painted the apartment on that day. With respect to petitioner having notice of the living conditions in the apartment specified in the tenant's January 21, 2020 complaint, petitioner's counsel disputed the validity of the court's living conditions form. The court asked counsel to specify what conditions were repaired since January 21, 2020, to which he stated, "I don't know off the top of my head what was done or what wasn't done . . . I believe some items were done." When the court asked counsel to identify some of the items completed, counsel stated, "I don't know what specific work was done." In responding to the Mount Vernon Building Department's complaint and notice of violation, petitioner's counsel stated, "I have not seen it . . . I can't say if my client has seen it."