In her answer, inter alla, tenant complained of a “musty odor” throughout the apartment and of improper repair of the fire damage. In requesting a New York City Buildings Department inspection, she stated that “black greasy polyurethane combustion residue from mattress fire was not removed from walls or ceilings after fire. Walls and ceilings were merely covered over with paint causing residual odors to linger in apt making occupants sick”.
A buildings department inspector visited on June 19, 1980, and reported that he “found smoky odor in apartment”.
Thereafter, landlord agreed to do or redo some seven additional items, at least one of which it had previously repaired. However, tenant, fearful that the fire may have *474resulted in a condition called “outgassing”, which might have toxic effects, has moved pro se for an order impleading the EPD so that EPD, the city’s “clean air” experts, might be directed to do analysis within the apartment and either lay to rest tenant’s fears or instruct landlord how to make the apartment once again habitable. If the EPD were to determine the condition exists and landlord then fails to make such repairs, the court, pursuant to its powers under subdivision [c] of section 110 of the New York City Civil Court Act, could compel the EPD as a party respondent to do the same and obtain a lien against any rent otherwise owed petitioner landlord.
THIRD-PARTY IMPLEADER