It is incumbent upon the city, however, in exercising discretion to demonstrate good faith, diligent and reasonable efforts to carry out the overriding housing public policy. HPD ought not to act arbitrarily and unreasonably, and the burden is placed on HPD to justify its discretionary conduct to the satisfaction of the court.
This court finds under all the circumstances that HPD has not satisfactorily sustained its burden.
A variety of flexible procedures and enforcement powers are available to implement housing public policy. Although legislation does not mandate the city to provide habitable housing under all circumstances, the HPD, here, has itself initiated this contempt proceeding against the owner thereby recognizing uninhabitable conditions and violations of law and public policy.
To condition appointment on rental payments to HPD, without any commitment to commence repairs, and acknowledgement that such payments would be insufficient to remove code violations, hardly constitutes a good faith, reasonable effort by HPD of this public policy implementation. The tenants in effect have been constructively evicted as no management or operational services, other than of an emergency nature, are provided; no repairs have been made and serious hazardous violations of record remain uncorrected. Were a private owner to take the same position as HPD takes under these circumstances neither HPD nor the court would find this satisfactory.
Rental deposit or payment might be directed but invariably dependent upon the owner remedying the uninhabitable conditions it caused. Put another way, the city, by demanding rent and vetoing a monetary commitment of repair because of the extent of deterioration, takes the same position as private owners do as a prelude to abandonment.