HP action to force DOB inspection?

[SecondMeansOfEgress]

Hi,
I am considering an HP action to force repairs of many longstanding documented immediately hazardous building conditions. However, it seems the only agency one can compel to inspect via HP action is HPD but the pertinent agency for my situation would be DOB as violations are in my building not apartment (ie non-fire-rated construction materials in basement, illegal conversion, fire escape blocked and in poor condition, exit doors and fire-rated walls removed, unregistered boilers installed with CO vents into airshafts, etc, etc.
Does anyone have any insight to share?
Thank you!

[TenantNet]

Generally we ask users to continue an existing thread if most of the issues are the same. That way I and others can review what was said previously, and so as not to be responding in the dark. See the Forum Rules No. 8.

There are times to separate repair issues from holdovers and non-payments. It's a strategic decision, i.e., so the other cases won't get bogged down and you might get repairs sooner. I am not sure, however, if you can maintain defenses and counterclaims in a non-pay if you commence a separate HP Action. I suspect you can, but check with an attorney on that.

When you file a HP Action, the tenant is the plaintiff and BOTH the landlord and HPD are defendants. However, in my experience, HPD is reasonable about pushing for inspections and repairs. HPD usually follows the NYC Housing Maintenance Code. Although there is overlap, they usually do not follow DOB and structural issues. It's not a question of being inside your apartment or building-wide.

HPD should handle blocked fire escapes. There is overlap with DOB, FDNY and other agencies.

You can always call 311 for DOB issues (but both DOB and 311 are often just jokes ... the only reason many call them is to get it on record, not to expect actual repairs). Also, many DOB violations are handled by the Environmental Control Board (ECB).

[Sky]

Simple.

After you get your HP case filed subpoena DOB.

There's two types of subpoenas, a subpoena served for records and a subpoena served on an individual (for ex. a DOB inspector with relevant experience to speak to the nature of the violations on file and what is required to remedy them) to appear and provide testimony. One can request both, in which case DOB will provide their records to the court as well as someone knowledgeable to interpret and explain the nature of the violations and expound upon correcting them entails (for ex. licensed engineer, permits, tests, etc.)

Which begs the question: what records?
DOB's records detailing the results of numerous inspections (resulting in for ex. DOB and ECB violations issued) at the subject premises concerning various DOB departments: construction, plumbing, electrical.

If you place concise detailed calls to 311 notifying them of the condition(s) and location DOB will send out inspectors. The 311 operator will provide you with a complaint number. You'll see the complaint appear logged on DOBs website, along with all subsequent actions (attempted inspections, inspections, violations, hearings, fines, vacate orders, stop work orders, etc.) Hazardous conditions will typically be prioritized with a swifter response. Inspectors may be unable to gain access at the time of their visit (and/or the LL may deny them access to prevent them from conducting their inspection, sometimes resulting in a cat and mouse game) in which case you may have to rinse & repeat until the extant conditions are accurately logged in DOB's database. Sometimes inspectors either can't locate the conditions, can't see them, don't want to see them, are paid not to see them, are incompetent, lazy, or something goes wrong in the recording and logging process ... in which case rinse & repeat until the inspection results accurately represent the conditions.

You could also request a DOB inspection from the judge after filing the HP case, stressing the DOB having jurisdiction regarding the nature of the certain building defects.

You could also hire your own specialist(s) to inspect and testify.

Several ways to skin the cat.