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DEPT. OF HOUS. v. DEBONA

118 Misc.2d 990 (1983)

Department of Housing Preservation and Development of the City of New York, Petitioner, v. John Debona et al., Respondents.

Civil Court of the City of New York, Queens County.

February 28, 1983

Attorney(s) appearing for the Case

Aldo Gasperin for petitioner. Risi, Merrill & Santospirito (Charles Merrill of counsel), for respondents.

JOHN A. MILANO, J.

ISSUE:

Are the current provisions of the Housing Maintenance Code set forth in subdivision (k) of section D26-51.01 of the Administrative Code of the City of New York, as amended, for the imposition of civil penalties for heat and hot water violations violative of the due process requirements of the Fourteenth Amendment and do the notice requirements prescribed by the statute meet the "reasonable notice" test of procedural...

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