A New York court has ruled in favor of tenant Winie Clairjeune, upholding an order against landlord Alba Payano for multiple housing code violations. The decision, made by Judge Enedina Pilar Sanchez on April 3, 2026, is significant for tenants facing unsafe living conditions and reinforces the enforcement of housing codes in New York City.
The ruling stems from a case filed on April 3, 2026, under docket number Index No. LT-000598-25/KI. The court's decision emphasizes the responsibilities of landlords to maintain safe and habitable living conditions for tenants, highlighting the importance of adhering to housing laws.
Background
The dispute in this case involves tenant Winie Clairjeune and her landlord, Alba Payano. Clairjeune initiated a housing proceeding against Payano due to numerous violations of the Housing Maintenance Code. The Department of Housing Preservation and Development (HPD) was also named as a respondent in the case.
On March 13, 2025, the court issued an Order to Correct after Clairjeune proved that proper service of the commencing papers had been made to Payano. The HPD's website indicated that there were 43 violations of the housing code at the premises in question. However, on April 15, 2025, Clairjeune did not appear for a scheduled hearing regarding civil penalties, leading the court to dismiss the proceeding without prejudice.
Subsequently, Payano filed a motion on June 25, 2025, seeking to modify or vacate the Order to Correct. Payano argued that Clairjeune's failure to appear should change the status of the case and dismiss the imposition of fines and penalties. However, Clairjeune's absence did not negate the existence of the housing code violations.
The Ruling
The court ruled against Payano's motion to modify or vacate the Order to Correct. Judge Sanchez stated, "Petitioner's failure to appear concerned the enforcement of the Order and the assessment of civil penalties. This is a tenant-initiated HP proceeding and Petitioner's subsequent failure to appear on the civil penalties hearing date does not render the violations of the housing code moot."
The court noted that the HPD website now indicated an increase in violations, showing 53 housing code violations at the property. The judge emphasized that the housing violations had not been certified as corrected since the issuance of the Order to Correct. The court found that there was no evidence to support Payano's request for modification or vacatur and that the Order to Correct was consistent with HPD's responsibilities.
Judge Sanchez concluded, "Accordingly, Respondents' Order to Show Cause (Motion Seq. No.1) is denied and the Order to Correct continues in full force and effect." This ruling reinforces the court's commitment to upholding housing standards and protecting tenant rights.
Impact
This ruling has significant implications for both landlords and tenants in New York City. It reinforces the idea that landlords are responsible for maintaining their properties in compliance with housing codes. The court's decision also highlights that a tenant's failure to appear in court does not negate existing violations or the need for landlords to correct them.
By upholding the Order to Correct, the court sends a clear message that housing code violations must be addressed, and tenants have the right to seek enforcement of these codes. This ruling may encourage other tenants facing similar issues to pursue legal action against landlords who fail to maintain safe living conditions.
What's Next
Details were not available in the court filing regarding whether Payano plans to appeal the decision. However, the ruling stands as a reminder of the importance of compliance with housing laws and the ongoing responsibilities of landlords to their tenants.