Legal Opinion
Department of Housing Preservation & Development v. 849 St. Nicholas Equities
Civil Court of the City of New York
Decided September 7, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Lewis R. Friedman, J.
New York City adopted an Emergency Repair Program (ERP) in 1965 based on the powers of the Department of Health to remove nuisances. In 1971 ERP was revised (Local Laws, 1971, No. 10 of City of New York) to enable the city, when it determines "that because of any violation of this [title] [Housing Maintenance Code (HMC)] or other applicable law, any dwelling or part of its premises is dangerous to human life and safety or detrimental to health” (Administra*262tive Code of City of New York § 27-2125 [a] [formerly § D2654.01 (a)]), to remove the conditions.…
2Cases cited44 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Ewing v. Mytinger & Casselberry, Inc.Supreme Court of the United States · 1950
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- Engel v. LightermanNew York Court of Appeals · 1984
- Lawton v. . SteeleNew York Court of Appeals · 1890
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3Cited by4 opinions
- Brooklyn LLC v. City of New YorkNew York Supreme Court · 2007
- Department of Housing Preservation & Development v. LivingstonAppellate Terms of the Supreme Court of New York · 1996
- 789 St. Marks Realty Corp. v. MichettiAppellate Division of the Supreme Court of the State of New York · 1995
- Rosenbaum v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000