Recitation, as required by CPLR 2219(a) Notice of Motion and Affidavits Annexed 1, 2 Order to Show Cause and Affidavits Annexed 0 Answering Affidavits 3, 4 Replying Affidavits 5 Exhibits 6 Stipulations 0 Other 0 DECISION & ORDER Petitioner Berline Pierre commenced this HP action against Respondents to correct violations in Apt. 7A at 120 Menahan Street, Brooklyn, New York 11221 (“Premises”). Both Petitioner and Respondents appeared via Microsoft Teams. On March 9, 2021, Respondent New York City Housing Authority (“NYCHA”) moved by Notice of Motion for an order dismissing the proceeding based on documentary evidence or in the alternative for summary judgment. On March 24, 2021, Respondent NYCHA moved again by a Notice of Motion seeking to withdraw its March 9, 2021 motion and for an order dismissing the proceeding based on failure to a name necessary party. The motion alleges that NYCHA leased the premises to Hope Gardens I LLC and the managing company PCL Management LLC, and that NYCHA is no longer in control of the premises. On April 12, 2021, Petitioner cross-moved seeking an order to join Hope Gardens I LLC, Pinnacle City Living and Timothy Henkel as Respondents in this proceeding and in opposition to Respondent NYCHA’s motion to dismiss. On May 25, 2021, the Court heard arguments on the record via Microsoft Teams and reserved decision. Respondent NYCHA’s motion seeking to withdraw its March 9, 2021 motion is granted. Respondent NYCHA’s motion seeking an order dismissing the proceeding as against NYCHA is denied. On the record, NYCHA admitted that it still owns the subject building, which is leased to Hope Gardens I LLC. However, NYCHA argues that since it is not responsible for the day to day management and operation of the building it should not be responsible for correcting violations or for the assessment of penalties associated with the enforcement of housing standards, because for the purposes of this proceeding, it is no longer an owner. NYCHA’s narrow interpretation of “owner” is contradicted by the plain language of the governing statutes. The Multiple Dwelling Law (“MDL”) defines the term “owner” expansively to include the “owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation directly or indirectly in control of the dwelling.” (MDL §4 (44)). The Housing Maintenance Code (“HMC”) has a similarly expansive definition of “owner.” (N.Y.C. Admin. Code §27-2004(a)(45)). To allow NYCHA to be relieved from its obligations as an owner would be contrary to the legislature’s intent in using such a broad definition of ownership in the MDL and HMC, both of which cast a wide net to include anyone who has any type of control over a dwelling, and would hinder this Court’s core mission to pursue the enforcement of housing standards. (See, N.Y.C. Civ. Ct. Act §110(c)). Having denied Respondent’s motion, the Court now turns to Petitioner’s motion seeking to join Hope Gardens I LLC, Pinnacle City Living and Timothy Henkel as Respondents. According to the N.Y.C. Civ. Ct. Act §110(d), the Court, on application of any party or on its own motion, may join any other person or city department as a party in order to effectuate proper housing maintenance standards and to promote the public interest in actions or proceedings involving the enforcement of state and local laws for the establishment and maintenance of housing standards. It is undisputed that Hope Gardens I LLC leased the subject building from NYCHA. It is also undisputed that the HPD Building Registration Summary Report lists Hope Gardens I LLC as the corporate owner, Pinnacle City Living as the managing agent, and Timothy Henkel as the head officer. As such, they are necessary parties to this proceeding for the enforcement and maintenance of housing standards and this Court grants Petitioner’s motion and joins Hope Gardens I LLC, Pinnacle City Living and Timothy Henkel as Respondents to this proceeding pursuant to N.Y.C. Civ. Ct. Act §110 (d). Petitioner is to serve a copy of this Decision and Order together with amended Notice of Petition and Petition upon all Respondents at the address designated by HPD for service of process by first class mail certificate of mailing and certified mail return receipt requested and to their attorney if its known to Petitioner’s counsel by email and first class mail on or before June 11, 2021. The matter is adjourned to July 16, 2021 at 12:30 pm for a virtual Court appearance via Microsoft Teams (Universal Link — Room 403) for ALL parties to appear and for all purposes, including to possibly retain counsel. If a party is unable to appear virtually, the party is directed to appear on July 16, 2021 at 12:30 pm, Part B, Room 409 in the Housing Part of the Kings County Civil Court located at 141 Livingston Street, Brooklyn, New York. If the parties need further assistance, please contact the courtroom clerk at (347) 404-9243 or email the court attorney, Scott Buckhout at [email protected] before July 16, 2021. ORDERED: The clerk is to amend the caption to include Hope Gardens I LLC, Pinnacle City Living and Timothy Henkel as additional Respondents. This is the Decision and Order of this Court which shall be uploaded to NYSCEF. Dated: June 3, 2021
