Court Appoints 7-A Administrator to Manage Building

LVT Number: #28651

HPD brought an "HP" proceeding against landlord, seeking correction of Housing Maintenance Code violations against landlord's building. Landlord agreed in court to correct 17 Class "C" violations, 42 Class "B" violations, and 13 Class "A" violations. Nineteen of the building's 36 tenants later asked the court to appoint an Article 7-A administrator to manage the building.

HPD brought an "HP" proceeding against landlord, seeking correction of Housing Maintenance Code violations against landlord's building. Landlord agreed in court to correct 17 Class "C" violations, 42 Class "B" violations, and 13 Class "A" violations. Nineteen of the building's 36 tenants later asked the court to appoint an Article 7-A administrator to manage the building. Landlord asked the court to dismiss tenants' claim, and argued that one-third of the building's tenants were needed to testify at trial in order to appoint the 7-A administrator. The court ruled for tenants, finding no statutory requirement or case law that required one third of tenants to testify at trial. The court granted the petition for the 7-A administrator since there were conditions dangerous to the life, health, and safety of the building's occupants.

Matter of Garcia: Index No. LT-58271/18, NYLJ, 8/29/18, p. 21, col. 1 (Civ. Ct. Bronx; 7/24/18; Marin, J)