The following e-filed papers read herein: NYSCEF Doc Nos. Notice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) 188 189-191 Opposing Affidavits (Affirmations) 192 Reply Affidavits (Affirmations) 194-195 Upon the foregoing papers in this proceeding regarding the 54-unit condominium building located at 702 44th Street in Brooklyn (Building), Petitioner Department of Housing Preservation and Development of the City of New York (HPD) moves (in motion sequence [mot. seq.] six) for an order, pursuant to Title 27, Chapter 2 of the Administrative Code of the City of New York, the Housing Maintenance Code (HMC), and the Multiple Dwelling Law of the State of New York (MDL)1: (1) “directing respondents to correct all violations and conditions which violate the HMC and MDL at the [Building] within the time provided by law”; (2) the imposition of “a judgment for civil penalties against respondents for the failure of respondents to make timely repairs at the [Building]“; (3) “directing respondents to comply with Petitioner’s Order to Repair/Vacate Order issued for the above-stated [Building]“; and (4) “directing respondents to give access to the inspectors of the [HPD] for the purpose of conducting inspections of repairs of fire damage at the [Building]“2 (NYSCEF Doc No. 188). Respondent One Sunset Park Condominium (Condominium) moves (in mot. seq. seven) for an order: (1) dismissing the petition, pursuant to CPLR 3211 (a) (1), (a) (7) and (a) (10) or, alternatively, (2) “staying this proceeding for no less than six months so that the unit owners of the subject premises may exercise their rights under New York Real Property Law 339-cc, holding the portion of the motion seeking dismissal in abeyance pending exercising of such rights, and allowing Respondents to serve and file an answer in the event dismissal is not granted” (NYSCEF Doc No. 189). Background On April 3, 2019, there was a devastating fire in the Building which required the removal of all occupants from their condominium units. There were fifty-four (54) apartments in the Building and the structure was declared unsafe for habitation. On October 10, 2019, HPD filed its petition, verified by counsel, against the Condominium as “Owner” of the Building, Paul Klausner, as an “[o]fficer of owner” and Matt Levi, as “managing agent” alleging that it “is the municipal department charged with enforcement of proper housing maintenance standards” (NYSCEF Doc No. 188 at
1 and 5). The petition alleges that “[e]ach respondent is an owner of the premises…and, as such, is obligated to keep the premises in good repair and to correct all violations…pursuant to HMC Section 27-2005 (a) and (b)” (id. at 6). The petition asserts the following four claims: (1) an “Order to Correct” the violations set forth in Exhibit 1, HPD’s “Open Violation Summary Report” listing violations from 2008 through 2019, including lead-based paint hazards, posting of requisite notices, repairing wood flooring and porcelain in bathrooms, abating mice infestations and several April 5, 2019 violations directing to “abate the nuisance consisting of fire damage…”; (2) a claim for civil penalties for failure to correct “immediately hazardous” and “non-hazardous” violations related to the fire damage by April 19, 2019, the date set by HPD; (3) an order to comply with HPD’s Vacate Order/Order to Repair the fire damage, which took effect on April 22, 2019; and (4) an order granting HPD access to inspect the fire damage at the Building. Respondents’ Dismissal/Stay Motion On or about October 31, 2019, the Condominium filed a pre-answer dismissal motion, pursuant to CPLR 3211 (a) (1), (a) (7) or (a) (10), or, alternatively, seeking a stay of the proceedings as set forth above. The Condominium submits an attorney affirmation explaining that the subject Building was practically destroyed by the April 2019 fire and annexes the report of the Condominium’s architect, Howard L. Zimmerman Architects (Zimmerman Report)3 (NYSCEF Doc No. 189 at 4). Defense counsel explains that more than 75 percent of the Building was destroyed in the April 2019 fire, so Zimmerman was hired “to ascertain what had to be undertaken to rebuild the building” (id. at
