Department of Housing Preservation & Development v. Livingston

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed with $10 costs.

In this Housing Part proceeding, petitioner obtained a judgment against appellants based on their failure to provide heat and hot water to a tenant. Respondents moved to vacate the judgment and among other contentions, argued that the proceeding was premature and that they were not "owners” under the relevant statutes. The court below denied the motion.

Housing Maintenance Code (Administrative Code of City of NY) § 27-2004 (45) and Multiple Dwelling Law § 4 (44) define the term "owner” as being an "agent, or any other…