Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur.
Order reversed, etc.
. An earlier article 78 application by plaintiff for a writ of prohibition, a stay of the DHCR proceedings and consolidation with the pending declaratory judgment action had been denied by Justice Greenfield. Justice Pecora, who presided in the declaratory judgment action and the second article 78 proceeding, concluded that this determination was not a bar to his own issuance of the less "drastic remedy” of a discretionary interim stay.
. See, L 1983, ch 403, §§ 22, 31.
. There is no minimum requirement for the number of additional units in the new structure if the landlord can show that "the cost of removing [existing health and safety] violations would be substantially equal to or would exceed the assessed valuation of the structure” (Administrative Code of City of New York § 26-408 [b] [4] [a]). In all other cases, the new building must contain at least 20% more unite. Other conditions for the issuance of a certificate of eviction for a planned demolition include the landlord’s having obtained the necessary approvals for the new construction and a determination by DHCR that the certificate would not be "inconsistent with the purposes” of the rent-control laws (id., § 26-408 [b] [4] [d]).