Section 27-2143
§ 27-2143 Action against the owner for recovery of expenses. The
department may bring an action against the owner of a dwelling for the
recovery of any costs, expenses and disbursements incurred by it under
any provision of the administrative code making such expenses a debt
recoverable from the owner. The institution of any such action shall not
suspend or bar the right to pursue any other remedy provided by law for
the recovery of such expenses, and such action may, subject to
jurisdictional limitations, be joined with the enforcement of any such
other remedy or any other claim against the owner relating to the same
premises.
Section 27-2144
§ 27-2144 Lien on premises. a. There shall be filed in the office of
the department a record of all work caused to be performed by or on
behalf of the department. Such records shall be kept on a
building-by-building basis and shall be accessible to the public during
business hours. Such record may be made and maintained electronically.
Within thirty days after the issuance of a purchase or work order to
cause a repair to be made by or on behalf of the department, entry of
such order shall be made on the records of the department. Such record
may be made and maintained electronically. Such record shall be deemed
to be entered on the date that such record is entered electronically on
the records of the department. Such entry shall constitute notice to all
parties.
b. All expenses incurred by the department for the repair or the
elimination of any dangerous or unlawful conditions therein, pursuant to
this chapter or any other applicable provision of law, shall constitute
a lien upon the premises when such charge is due and payable, which,
notwithstanding any other provision of law, shall be the due and payable
date for such charge provided on the second statement of account
containing such charge. Such lien shall have a priority over all other
liens and encumbrances on the premises except for the lien of taxes and
assessments. However, no lien created pursuant to this chapter shall be
enforced against a subsequent purchaser in good faith or mortgagee in
good faith unless the requirements of subdivision a of this section are
satisfied; this limitation shall only apply to transactions occurring
after the date such record should have been entered pursuant to
subdivision a and the date such entry was made.
c. A notice thereof, stating the amount due and the nature of the
charge, shall be sent by the department of finance in accordance with
section 11-129 of the administrative code, and such charge shall be due
and payable, notwithstanding any other provision of law, on the due and
payable date provided on the second statement of account containing such
charge.
d. If such charge is not paid by the date when such charge is due and
payable in accordance with subdivision c of this section, it shall be
the duty of the department of finance to receive interest thereon at the
rate of seven percent per annum, to be calculated to the date of payment
from the due and payable date.
e. Such charge and the interest thereon shall continue to be, until
paid, a lien on the premises. Such lien shall be a tax lien within the
meaning of sections 11-319 and 11-401 of the administrative code and may
be sold, enforced or foreclosed in the manner provided in chapters three
and four of title eleven of the administrative code or may be satisfied
in accordance with the provisions of section thirteen hundred fifty-four
of the real property actions and proceedings law.
f. Any statement sent by the department of finance pursuant to this
section shall have included thereon a reference to article eight of this
subchapter.
Section 27-2145
§ 27-2145 Establishment of lien. The department shall include among
its records a statement that such expenses were necessary and proper in
the exercise of its lawful powers. Such statement may be made and
maintained electronically.
Section 27-2146
§ 27-2146 Validity of lien; grounds for challenge. a. In any
proceedings to enforce or discharge the lien, the validity of the lien
shall not be subject to challenge based on:
(1) The lawfulness of the repair or other work done; or
(2) The propriety and accuracy of the expense for which a lien is
claimed, except as provided in this section.
b. No challenge may be made except by (1) the owner of the property,
or (2) a mortgagee or lienor whose mortgage or lien would, but for the
provisions of section 27-2144 of this article, have priority over the
department's lien.
c. An issue specified in subdivision a which was decided, or could
have been contested, in a prior court proceeding to secure a court order
to repair under article five of this subchapter or to secure the
appointment or the discharge of a receiver under article six of this
subchapter, shall not be open to reexamination, but if any mortgagee or
lienor entitled to notice of such prior proceeding was not served and
did not appear therein, his or her mortgage or lien shall have priority
over the lien of the department. In addition to this limitation, an
owner who has been served with a statement pursuant to section 27-2129
of article five of this subchapter, or his successor in interest, may
not subsequently contest the expense contained therein unless such owner
or successor in interest notified the department in writing of his or
her objection to the statement of account in the manner and within the
time period provided in section 27-2129 of article five of this
subchapter.
d. With respect to any issue specified in subdivision a which is not
subject to subdivision c, the statement of the department made pursuant
to section 27-2145 of this article shall be presumptive evidence of the
facts stated therein.
Section 27-2147
§ 27-2147 Levy on rents. a. The department may serve upon any person
liable for rent or other compensation for the occupancy of premises
subject to this article a notice containing:
(1) a statement of the contents of the certificate filed pursuant to
section 27-2145 of this article, or of a judgment in an action under
section 27-2116 of article two of this subchapter or section 27-2143 of
this article or in an action to enforce a lien under this article;
(2) a statement of the amount remaining due under such certificate or
judgment; and
(3) a demand that rent thereafter be paid to the department as it
comes due. Service of the notice shall be made by personal delivery of a
copy thereof, or by certified mail.
b. Upon receipt of such notice, the person to whom it is directed
shall pay any rent due, and future rent as it comes due, to the
department in the manner set forth in the demand. The department may,
upon failure to pay, sue for rent due. In such suit, the validity of
proceedings prior to the issuance of the notice under subdivision a of
this section shall not be subject to question.
c. The department shall issue a receipt for each sum paid under this
section. Such payment and receipt shall for all purposes have the same
legal effect as payment to or a receipt from the owner or other person
authorized to collect rent. No person shall be subject to any
proceedings for the recovery of possession or other relief, or any
penalty or forfeiture, arising out of his or her failure to pay to any
person any sum paid to the department under this section.
d. The department shall, at the time of service of any notice under
subdivision a, give the owner and agent notice by certified mail at
their last registered address, or other address, if known, of such
action. Unless within twelve days of such notice suit has been
instituted by or on behalf of the owner to restrain such action or
recover from the department any sums collected, the action of the
department shall not be subject to challenge.
e. Upon collection of the total sum owing to the department, it shall
forthwith serve, upon each person served with a demand under subdivision
a of this section, a notice cancelling such demand.
Section 27-2148
§ 27-2148 Appointment of receiver. a. Whenever the sum of any lien or
liens established by this chapter, plus any lien or liens established
pursuant to any other section of the administrative code for the
expenses of repairs made by the department, shall amount to five
thousand dollars or more, the department may issue an order appointing
the commissioner of the department of housing preservation and
development receiver of the rent and profits of the premises. Such
receiver may be appointed upon thirty days' notice to the owner,
mortgagees and lienors of record of such premises. Such notice shall
contain the amounts of such lien or liens and give the owner, mortgagees
and lienors of record an opportunity to either pay the outstanding liens
or to contract in writing with the department on terms satisfactory to
the department for such payment. Any mortgagee or lienor who pays the
department shall be assigned the department's lien.
b. A receiver appointed pursuant to this section shall have all of the
powers and duties of a receiver appointed in an action to foreclose a
mortgage on real property. Such receiver shall not be required to file
any bond.
c. The receiver shall be entitled to the same fees, commissions and
necessary expenses as receivers in actions to foreclose mortgages. Such
fees and commissions shall be paid into the fund created pursuant to
section 27-2111 of article one of this subchapter. The receiver shall be
liable only in his or her official capacity for injury to person and
property by reason of conditions of the premises in a case where an
owner would have been liable; such receiver shall not have any liability
in his or her personal capacity.
d. Such receivership shall continue until the amount of such liens and
the commissions have been fully paid. Upon the termination of such
receivership, an accounting shall be given to the owner together with
any moneys collected in excess of the lien and commission and the
department shall, within twenty-one days, file a satisfaction of any and
all liens filed by the department against such premises.
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.
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