The Executive Law was amended effective October 25, 2021, to allow a judge of the city court the authority to order the abatement of conditions of a [*6]building, which conditions are in violation of the Uniform Fire Prevention and Building Code. The new law states:
"3. Where the construction or use of a building is in violation of any provision of the uniform code or any lawful order obtained thereunder, a justice of the supreme court, New York city civil court, a city court, district court or county court may order the removal of the building or an abatement of the condition in violation of such provisions. An application for such relief may be made by the secretary, an appropriate municipal officer, or any other person aggrieved by the violation." (See Executive Law § 382 [3], as amended by L 2021, ch 507, § 1.)
The court finds that the conditions existing in respondent's apartment as described in the complaint dated February 24, 2021, and notice of violation No. 42876 dated October 22, 2021, issued to petitioner by the Department of Buildings for the City of Mount Vernon violate the provisions of the Uniform Fire Prevention and Building Code of the State of New York and a lawful order of the Mount Vernon Building Department dated on October 22, 2021, requiring such conditions be corrected immediately. Moreover, the existing conditions coupled with petitioner's position that its obligations to remedy such conditions are unenforceable during the stay directly conflict with petitioner's representations in its nonpayment petition that petitioner is complying with applicable ETPA regulations. Under section 7 of the ETPA and regulations thereunder, petitioner made a written certification that it is maintaining and will continue to maintain all services required by the E