Similarly, section D26-55.01 of the Administrative Code confers permissive power to apply for a receivership appointment to repair and correct violations "[wjhenever the department certifies that any condition * * * constitues a serious fire hazard or * * * threat to life, health or safety”. Vacate orders under section D26-56.01 of the Administrative Code are also discretionary.
Finally, under section D26-53.01 of the Administrative Code and section 306 of the Multiple Dwelling Law, the department may institute any appropriate action or proceeding to restrain, correct or abate a code violation or nuisance.
The city’s position undermines a tenant’s right to habitable housing under section 235-b of the Real Property Law and city code enforcement laws. Not only are occupants of such buildings as the one herein denied habitability but the Housing Court is placed in an obviously helpless position by the owner and the city to carry out the courts’ powers for effective code enforcement as intended by the Legislature under section 110 of the New York City Civil Court Act.
*48It does not follow that the city in its sovereign representative capacity is relieved of all responsibility and need do nothing to compel code enforcement to protect the health, safety and welfare of the people. If this were the case, then the entire statutory code enforcement administration would collapse and with it the city.
The city power to correct uninhabitable conditions, as viewed as discretionary by HPD, conflicts with the express city and State public policy, protective of the health, safety and well-being of tenants.