City Agencies Must Enforce Building and Housing Codes

Facts: Landlord and tenant sued each other in small claims court for property damage. The case brought to the court's attention the fact that there was a violation on the building for overcrowding. Tenant lived in an illegal basement apartment, and landlord had converted the two-family house into five apartments. The court issued an order to HPD and DOB to take action to enforce the building and housing codes against landlord. The city claimed that the court had no authority to order HPD and DOB to take action. Court: The city loses. New York City law gives HPD and DOB the option of enforcing building and housing codes. But the state's Multiple Dwelling Law requires agencies in charge of enforcing building and housing codes to do so. The court is authorized to enforce the law and require HPD and DOB to do their jobs.

Berman v. Zaki: NYLJ, 2/23/01, p. 22, col. 6 (Civ. Ct. Richmond; Straniere, J)