N.Y. Real Property Actions & Proceedings Law § 770: Grounds for the proceeding

§ 770. Grounds for the proceeding. 1. One-third or more of the tenants

occupying a dwelling located in the city of New York or the commissioner

of the department of the city of New York charged with enforcement of

the housing maintenance code of such city, or in the counties of Nassau,

Suffolk, Rockland and Westchester may maintain a special proceeding as

provided in this article, upon the ground that there exists in such

dwellings or in any part thereof a lack of heat or of running water or

of light or of electricity or of adequate sewage disposal facilities, or

any other condition dangerous to life, health or safety, which has

existed for five days, or an infestation by rodents, or any combination

of such conditions; or course of conduct by the owner or the owner's

agents of harassment, illegal eviction, continued deprivation of

services or other acts dangerous to life, health or safety, or the

issuance of an order to the owner of such dwelling by the commissioner

of such department of the city of New York pursuant to the alternative

enforcement program under section 27-2153 of the administrative code of

the city of New York, provided that such dwelling has not been

discharged from the program pursuant to such section and there has not

been a determination that the owner has substantially complied with such

order.

2. If the proceeding is instituted by the commissioner of the

department of the city of New York charged with enforcement of the

housing maintenance code of such city, one-third or more of the tenants

may, at any time thereafter during the pendency of the proceeding or

after final judgment pursuant to section seven hundred seventy-six or

seven hundred seventy-seven of this article, petition for substitution

of themselves in place and stead of such commissioner of such

department. Such substitution shall be ordered by the court unless good

reason to the contrary shall be shown.