The Super testified he used to live at room 1 in 221 and that Respondent hired
him.
DOB introduced into evidence the following DOB orders concerning violations of
the Building Code at the subject premises: an order dated September 19, 2013 finding a
collapsed ceiling, stairs and a hallway out of plumb, and an exposed joist with no fire
rated protection; an order dated March12, 2015 for defective masonry and a front facade
that was also spalling, bulging, and cracked; an order dated November 15, 2017 that
noted vertical cracks on the facade and bowing exterior walls and parapet walls; an order
dated October 29, 2015 imposing a fine for cracks in interior plaster walls, stairwells and
landings, uneven floors, cracks and bulging in the front facade; an order dated June 14,
2018 for sloping ceilings and floors and numerous cracks on walls and ceilings; an order
dated July 26, 2018 for cracks and spalling in walls, a ceiling, and a staircase; an order
dated February 7, 2019 finding compromised structural integrity and falling stucco; and
another order dated February 7, 2019 for multiple cracks throughout, walls that are
leaning and bulging out, and signs of water penetration.
Respondents' first, second, third, and fifth defenses
Respondents' first affirmative defense is that the Court lacks the subject matter
jurisdiction to adjudicate this matter. However, New York City Civil Court Act confers
upon the Court the jurisdiction to render determinations relating to maintenance of
housing standards, which encompasses orders to correct conditions that cause vacate
orders. Vargas, supra, 66 Misc 3d at 1214(A), Rivellini,
supra, 43 Misc 3d at 1202(A), Various Tenants of 515 E. 12th St.,
supra, 128 Misc 2d at 238. "To suggest that this Court is powerless to order a