The HPD, as the city department charged with housing code enforcement, declined to exercise remedies and powers to implement these broad legislative code enforcement purposes and intentions except for the conditional article 7-A of the Real Property Actions and Proceedings Law appointment.
An article 19-A of the Real Property Actions and Proceedings Law remedy permitting the city to take title to abandoned dwellings was rejected on the basis of a finding of lack of tenant or "qualified community interest” in acquiring the building without which the city would not undertake this proceeding. No facts were submitted for the basis upon which this conclusion of community disinterest was reached nor what community groups were approached, if any. This remedy, according to HPD envisions itself solely as a conduit to pass title to such community groups. Moreover, HPD found, not only this building, but the entire block deteriorated to such an extent, that it negated a housing investment or commitment of any kind.
Nor did HPD see fit to issue a vacate order pursuant to section D26-56.01 of the Administrative Code.
The HPD declined to foreclose on the building for tax arrears as it contended the building would then only later be sold for public auction.
The section 309 of the Multiple Dwelling Law receivership remedy available to HPD to manage and operate a building, was declined as "inappropriate”. The receivership authority contained in section D26-55.01 of the Administrative Code of the City of New York likewise was rejected.