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94 Misc. 2d 43; 404 N.Y.S.2d 941; 1978 N.Y. Misc. LEXIS 2195

Citation
94 Misc. 2d 43; 404 N.Y.S.2d 941; 1978 N.Y. Misc. LEXIS 2195
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

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In support of the tenant’s position, legislative findings of public policy state “that the establishment and maintenance of proper housing standards * * * are essential to the public welfare * * * and their necessity in the public interest is hereby declared as a matter of legislative determination.” (Multiple Dwelling Law, § 2) “[T]he enforcement of minimum standards of health and safety, fire protection, light and ventilation, cleanliness, repair and maintenance, and occupancy in dwellings is necessary to protect the people of the city against the consequence of urban blight. The sound enforcement of minimum housing standards is essential * * * 3. to bring about the basic decencies and minimal standards of healthful living in already deteriorated dwellings, which, although no longer salvageable must serve as habitations until they can be replaced.” (Administrative Code of City of N. Y., § D26-1.03.)

*46The Code further provides that its enactment imposes "duties and responsibilities for the preservation of the dwellings * * * upon owners and tenants, as well as on the municipality, itself, enforceable by a broad range of legal, equitable and administrative powers” (Administrative Code, § D26-1.03).

Enforcement of section 2 of the Multiple Dwelling Law is provided under subdivision 1 of section 303 of the Multiple Dwelling Law and states "[e]xcept as herein otherwise provided, the provisions * * * shall be enforced by the department charged with the enforcement of laws, ordinances and regulations in relation to multiple dwellings.”