Even though petitioner landlord originally instituted this suit for rent, the submitted papers clearly call for the impleader to insure that the health of respondent *479tenant and her family will not be adversely affected by a possible improper cleanup of the fire damage. This certainly will accomplish compliance with the various environmental codes which affect this apartment. In view of the many residential fires that occur annually in the City of New York, the impleader of the “clean air” city department is certainly in “the public interest” and will help effectuate “proper housing maintenance standards” for the large residential building known as Manhattan Plaza. Thus, in the instant case, the use of the impleader power is warranted though no “bricks or mortar” shall be used.
Therefore, based upon all the above, pursuant to the authority of CPLR 401 and subdivision [d] of section 110 of the CCA and in accordance with the legislative intent expressed by the Housing Court Act, the facts herein mandate the granting of respondent tenant’s motion. Accordingly, the motion to implead the New York City Department of Environmental Protection as a party respondent is within the court’s jurisdiction and it is granted.