Tenants Fail to Prove Need for 7A Administrator at Landlord's Building

Tenants brought an HP proceeding against landlord, seeking appointment of a 7A administrator for their building. Landlord asked the court to dismiss the case after a hearing since only one tenant testified and there was insufficient proof that a 7A administrator was needed. The court ruled for landlord and dismissed the case. One tenant testified that there was ongoing construction work in the building and she feared that her ceiling would cave in. But Real Property Actions and Proceedings Law Article 7A requires that one third or more of tenants living in a building must show a lack of heat, running water, light, electricity or adequate sewage, or any other combination of conditions or course of conduct by landlord or its agents of harassing, illegal evictions, deprivation of services, or other acts dangerous to life, health, or safety of building occupants. There were four tenants living in the building, and they presented insufficient proof that a 7A administrator was needed.

In Re: Brown: 2016 N.Y. Slip Op. 26361, 2016 WL 6583912 (Civ. Ct. Kings: 11/4/16; Avery, J)