This contempt proceeding was instituted by the city’s Housing Development Administration, since, ironically, renamed Housing Preservation and Development Agency (HPD) against the owner, who had abandoned this occupied multiple dwelling because of the owner’s noncompliance with court orders to remedy hazardous violations. A substantial fine was imposed upon the owner in default of a contempt order. (Housing and Dev. Admin, of City of N. Y. v Realty Co., NYLJ July 14, 1976, p 9, col 1.) Several tenants were granted leave to intervene and unpaid rents were abated from December 1, 1975 through October 31, 1976 without opposition by HPD in view of conceded uninhabitable conditions. Held in abeyance was a branch of tenants’ motion for a continuation of rent abatement until the premises were made habitable as well as the appointment of HPD, at the court’s recommendation, as administrator under section 778 of the Real Property Actions and Proceedings Law and subdivision (c) of section 110 of the New York City Civil Court Act. The HPD conditioned its *45consent to appointment as administrator on tenant co-operation of rent payments from January, 1977 and thereafter, and so notified tenants by mail. The tenants have not agreed to this condition in the absence of any plan, proposal or commitment by the city toward application of rent or public funds for remedying the violations and making the premises habitable. The tenants having no other choice, are operating the building without pay although minimal emergency hot water, heat and electricity services have been provided during 1977 by HPD without recoupment.