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107 Misc. 2d 470; 435 N.Y.S.2d 449; 1980 N.Y. Misc. LEXIS 2877

Citation
107 Misc. 2d 470; 435 N.Y.S.2d 449; 1980 N.Y. Misc. LEXIS 2877
Jurisdiction
New York (state)
Source verification
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This court agrees with Lazarus v Kandler that in “[n]o way can the words of section 110(d) be limited to bricks and mortar.” So, too, in Merlin Realty Corp. v Santiago (supra): “subdivision (d) of section 110 of the New York City Civil Court Act *** should not be construed narrowly and limited only to cases concerning maintenance and repair of buildings.” Indeed, impleader should be liberally applied in order to enhance “the court’s potential as a source of novel and wide-ranging solutions to [the] problems of housing maintenance” (Rutzick & Huffman, The New York City Housing Court: Trial and Error in Housing Code Enforcement, 50 NYU L Rev, 738, 765).

I do not intend to usurp the functions of any appellate court to determine the extent of the Housing Court’s ultimate authority to implead any person or city department into a pending summary proceeding pursuant to subdivision [d] of section 110 of the CCA. However, under appropriate circumstances, and following the public policy enunciated by section 110 of the CCA and chapter 982 of the Laws of 1972, a Judge of the Housing Part should properly exercise broad judicial discretion and implead any relevant municipal agency to solve any housing problem (see Gold v Soto, 78 Misc 2d 390, 392, revd on other grounds sub nom. Matter of Estate of Weiss v Downing, supra).

Moreover, subdivision [c] of section 110 of the CCA provides, in pertinent part, that “[rjegardless of the relief originally sought by a party the court may recommend or employ any remedy, program, procedure or sanction authorized by law for the enforcement of housing standards, if it believes [that] they will be more effective to accomplish compliance or to protect and promote the public interest” (emphasis added).