An Article 7A proceeding can be commenced if either one-third of the tenants occupying a building, or the Commissioner of the appropriate city agency, petitions the court for the appointment of an Administrator. The Administrator is charged with the task of remedying conditions in the building that present a danger to the tenants’ life, health or safety. The conditions that Article 7A are intended to address include, but are not limited to, lack of heat, running water, light, electricity, and rodent infestation.
Landlords may defend against the appointment of an Administrator by establishing that the conditions alleged in the petition do not exist, have been remedied, were caused by the petitioning tenants themselves, or that the tenants themselves have refused access to the landlord so as to remedy the conditions.
If an Administrator is appointed by the court, the order will direct that all payments of rent be deposited with the Administrator so as to be used, to the extent necessary, to remedy the conditions in the building. After the conditions have been remedied, a landlord may apply to the Court for the removal of the Administrator and to have the building restored to the landlord’s control.