Section 27-2120
§ 27-2120 Injunctions; mandatory and prohibitory. a. The department
may institute an action in a court of competent jurisdiction for an
order requiring the owner of property or other responsible person to
abate or correct any violation of this code, or to comply with an order
or notice of the department, or for such other relief as may be
appropriate to secure continuing compliance with this code. An action
for injunctive relief hereunder may be brought in addition to other
sanctions and remedies for violations of the code, or may be joined with
any action for such other sanctions and remedies except criminal
prosecution.
b. Any tenant, or person or group of persons lawfully entitled to
occupancy may individually or jointly apply to the housing part of the
civil court for an order restraining the owner of the property from
engaging in harassment. Except for an order on consent, such order may
be granted upon or subsequent to a determination that a violation of
subdivision d of section 27-2005 of this chapter has occurred.
Section 27-2121
§ 27-2121 Injunctive relief in other actions; powers of the court. In
any action or proceeding brought in the housing part of the New York
city civil court, the court, on motion of any party or on its own
motion, may issue such preliminary, temporary or final orders requiring
the owner of property or other responsible person to abate or correct
violations of this code, or to comply with an order or notice of the
department, or to take such other steps as the court may deem necessary
to assure continuing compliance with the requirements of this code,
including direction of correction of violations of this code by a
contractor, materialman or municipal department and payment of rent or
release of funds deposited with the court in an appropriate amount to
(i) such contractor or materialman upon the proper presentation of bills
for the correction of such conditions or (ii) such municipal department.
Section 27-2122
§ 27-2122 Preliminary injunctions. Upon application by the department
pursuant to section six thousand three hundred eleven of the civil
practice law and rules supported by affidavit setting forth the facts
showing the reasons therefor, a court of competent jurisdiction, or any
judge of such court, may issue a preliminary order to correct or abate
violations of this code, or to comply with an order or notice of the
department, as the court may deem necessary to protect the health and
safety of the occupants of a building until the entry of a final
judgment or order.
Section 27-2123
§ 27-2123 Court order of access to inspect premises. a. A judge of any
civil court of competent jurisdiction may, upon appropriate application
by the department supported by an affidavit or affirmation, issue an
order directing that access be provided to an officer or inspector of
the department to any premises or part thereof, whenever an inspection
of any premises or part thereof is required or authorized by any state
or local law or regulation or entry to such area is necessary for
correction of a condition violating such law or regulation.
b. If the application is found appropriate, the court may issue an
order to show cause why the order of access should not be issued. If the
respondent cannot with due diligence be served personally within the
time fixed in such order, service may be made on such person by posting
a copy thereof in a conspicuous place in the premises to which access is
sought and by sending a copy thereof by certified mail, return receipt
requested, to such person at his or her last known address.
c. The court shall set in the order of access specific dates and times
for access.
d. The person, officer or inspector gaining access shall, before
entry, give notice of his or her authority and purpose to any occupant
of the premises and show such occupant the order or a copy thereof upon
request.
e. Notwithstanding any other provision contained in section 27-2118 of
article three of this subchapter, a person who after service of a
certified copy of the order upon such person does not provide access or
refuses to allow access to the person authorized to enter may be found
guilty of contempt of court and may be required to pay a fine of a
maximum of two hundred fifty dollars for willfully failing to provide or
refusing to allow access. Service of the order shall be as the court
directs or by personal service but if such cannot be made with due
diligence within five days, service may be made by posting a copy of the
order in a conspicuous place in the premises which is the subject of the
order, and by sending a copy thereof by certified mail, return receipt
requested, to such person at his or her last known address. Such person
shall not be in contempt of court or be required to pay a fine if he or
she establishes good and sufficient reason for a failure to be present
when access was demanded.
f. Nothing herein shall be deemed to authorize an officer or inspector
of the department to enter any premises or part thereof if a person to
whom an order is directed does not provide or refuses access.
g. Nothing herein shall affect the validity of inspections authorized
and conducted under any other provision of law, rule or regulation
without the issuance of an inspection warrant as provided in this
article.
Section 27-2124
§ 27-2124 Failure to comply with judicial order. A person who fails to
comply with an order issued pursuant to this article by a court of
competent jurisdiction or by a judge of such a court shall be punished
in accordance with section five thousand one hundred four of the civil
practice law and rules and article nineteen of the judiciary law.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.