Housing Court 20 / Contempt 5

There I was, on May 15, telling you that I figured my adventures in Housing Court were over, because after a year and an almost half, the last important work that needed to be done — leveling the hallway floors — had begun.

And the proper DOB permits for the work had been issued, an engineer had filed a number of documents with long check lists, and the Landmarks Preservation Commission, which governs the façades of West Village buildings, had issued a Permit Certificate of No Effect, i.e., “we have no jurisdiction or interest over the work you’re doing…” although they did note that there were two Landmarks violations already on the building and that “Failure to address these violations will result in the issuance of a second Notice of Violation originating from the Environmental Control Board in accordance with Title 63 of the Rules of the City of New York, Section 7-02(c).” And “This NOV would require a court appearance, and a civil penalty may be imposed and cannot be cured.”

Although I already knew very well about those violations, I did appreciate Landmarks dropping a not-too-subtle hint into the ears of the Board, but my appearances in Housing Court had now to do only with the floors.

So what happened?

Two very nice guys worked in the hallways for weeks. And they did level the floors. And then they went away for a week or so. Then they returned, put the old carpet back, with new underpads that have made the hallways ever so soft and silent to walk on, and redid the baseboard moldings.

Are you keeping up with this? Are you now asking yourself: why is Naomi going back to Housing Court on June 19 and filing another Order to Show Cause to Punish for Contempt?

Because, although the work in the hallway seemed to have been completed according to the engineer’s elaborate, multi-page forms and lists …

I did not receive what the April 30 Stipulation laid out in paragraph 2: “A signoff by the engineer will be provided on or before June 14, 2013.”

I did not get that signoff. I do not know whether the engineer inspected the work, whether he certified that the work comported with his declarations and signed the certification. Without the engineer’s stipulated signoff, I can’t know that the work was properly completed.

And if you read my previous post (linked above) on this Housing Court matter, you’ll learn that paragraph 3 of the Stipulation says, “In the event that the sloping floors i [sic] not corrected by June 14, 2013, Respondents [the coop] will be assessed a civil fine in the sum of $1,250.00 in favor of the Petitioner [that’s me].”

So back I will be in Housing Court today, the date when this case was put back on the calendar, asking the judge to assess that civil fine in favor of me.


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