Sec.
[D26-50.01] 27-2110 Style of legal actions by department;
disposition of moneys collected
a. All actions
or proceedings instituted to recover penalties imposed by this code, or to recover
any costs, expenses and disbursements incurred by the department for the repair
or rehabilitation of a dwelling that are reimbursable under the provisions of
this code. shall be brought in the name of the department by the corporation
counsel.
b. All moneys
recovered under this section shall be paid to the city officer who brings such
actions and proceedings. Such officer shall pay the moneys to the commissioner
of finance each month. The officer, on the first of each month, shall report
to the commissioner of the department on the amount collected under this section,
if any, and the necessary disbursements incurred in the prosecution of such
actions and proceedings, if any.
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Sec.
[D26-50.03] 27-2111 Moneys collected by department
payable to special repair fund
All penalties and
all other moneys recovered for costs, expenses and disbursements that are reimbursable
under this code for the repair or rehabilitation of a dwelling shall be paid
into a separate fund in the treasury of the city. Such fund shall be available
to the department for the purpose of meeting the costs, expenses and disbursements
for the repair or rehabilitation of dwellings pursuant to the provisions of
this code.
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Sec.
[D26-50.05] 27-2112 Liability of the department
for costs
Neither the city
nor the department nor any officer or employee thereof shall be liable for costs
in any action or proceeding brought under this code.
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Sec.
[D26-50.07] 27-2113 Notice of pendency of action
a. In any action
or proceeding brought by the department, it may file a notice of pendency in
the county clerk's office in the county where the premises affected by the action
or proceeding is located. The department may file such notice at any time after
it serves the notice of violation or order to repair, or at the time it commences
the action or proceeding, or any time thereafter, before final judgment or order.
b. The corporation
counsel shall designate in writing on such notice of pendency the name of each
person against whom the notice is filed and the number of each block on the
land map of the county, which is affected by the notice. The county clerk in
whose office a notice of pendency is filed shall record and index such notice
against the names and blocks designated.
c. A notice of
pendency may be vacated by order of a judge of the court where such action or
proceeding was brought or is pending, or by the written consent of the corporation
counsel. The clerk of the county where such notice is filed shall cancel the
notice upon receipt of such written consent or a certified copy of such order.
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Sec.
[D26-50.11] 27-2114 Responsibility of stockholders
of corporations owning multiple dwellings declared nuisances
a. The term "nuisance"
shall be held to embrace public nuisance as known at common law or in equity
jurisprudence. Whatever is dangerous to human life or detrimental to health,
and whatever dwelling is overcrowded with occupants or is not provided with
adequate ingress or egress or is not sufficiently supported, ventilated, sewered,
drained, cleaned or lighted in reference to its intended or actual use, and
whatever renders the air or human food or drink unwholesome, are also severally,
in contemplation of this section, nuisances. All such nuisances are unlawful.
b. Whenever the
department shall certify that any multiple dwelling, or any part of its premises,
or the plumbing, sewerage, drainage, lighting or ventilation thereof, is in
a condition or in effect dangerous to life or detrimental to health, the department
may, after giving notice to the owner and an opportunity to be heard at a hearing
held for such purpose, declare the same, to the extent it may specify. a public
nuisance. Such declaration shall be filed in the central violation bureau as
provided by section 328 of the multiple dwelling law, if applicable, or as a
public record in the department. The officers of a corporation upon which notice
of such hearing has been served, other than a banking organization as defined
in section two of the banking law, a national banking association, a federal
savings and loan association, the mortgage facilities corporation, savings banks
life insurance fund, the savings banks retirement system, an authorized insurer
as defined in section 107 of the insurance law, or a trust company or other
corporation organized under the laws of this state all the capital stock of
which is owned by at least twenty savings banks or by at least twenty savings
and loan associations or a subsidiary corporation all of the capital stock of
which is owned by such trust company or other corporation shall serve similar
notice on all stockholders of record of the corporation and other persons known
to be stockholders or beneficial owners of the stock of the corporation. A stockholder
upon whom such notice has been served shall serve similar notice upon any persons
holding a beneficial interest in his stock.
c. The department
may order such nuisance to be removed in accordance with the provisions of article
five of this subchapter, and if any order of the department is not complied
with, then, as an alternative to proceeding under the provisions of article
five of this subchapter, if the multiple dwelling involved shall have been declared
to be a public nuisance pursuant to subdivision (b) of this section, and such
declaration shall have been filed as therein provided, the department or a receiver
appointed pursuant to article six of this subchapter or 309 of the multiple
dwelling law or any tenant of such multiple dwelling may institute and maintain
an action in the Supreme Court or in the housing part of the New York City Civil
Court in the county where the multiple dwelling is located against any owner
or owners to whom the order was issued pursuant to section 27-2125 of article
five of this subchapter for an order compelling such owner or owners to comply
with the department's order and, if such action be brought by such receiver
or tenant, for payment of the costs and disbursements of the action including
legal fees. Except as owners may have otherwise agreed, any owner who removes
or remedies the nuisance in compliance with an order of the department or court
shall be entitled to recover a proportionate share of the total expense of such
compliance from all other owners to whom the department's order was issued or
to whom such owner sent a copy of the department's order within thirty days
of receipt of same by registered mail.
d. Whenever a
multiple dwelling shall have been declared a public nuisance to any extent pursuant
to subdivision (b) of this section and such declaration shall have been filed
as therein provided, the term "owner" shall be deemed to include, in addition
to persons mentioned in the definition of the term in section four of the multiple
dwelling law, all the officers, directors and persons having an interest in
more than 10 per cent of the issued and outstanding stock of the owner as herein
defined, as holder or beneficial owner thereof, if such owner be a corporation
other than a banking organization as defined in section two of the banking law,
a national banking association, a federal savings and loan association, the
mortgage facilities corporation, savings banks life insurance fund, the savings
banks retirement system, an authorized insurer as defined in section 107 of
the insurance law, or a trust company or other corporation, organized under
the laws of this state all the capital stock of which is owned by at least twenty
savings banks or by at least twenty savings and loan associations or a subsidiary
corporation all of the capital stock of which is owned by such trust company
or other corporation and thereupon any corporation which is included in the
term "owner" as provided in this subdivision d shall file an additional statement
of registration within ten days which shall contain the name and residence and
business address of each director and stockholder of the corporation and of
each person known to have any beneficial interest in such stock.
e. Whenever a
multiple dwelling shall have been declared a public nuisance to any extent pursuant
to subdivision b of this section, and such declaration shall have been filed
as therein provided, all officers, directors and persons having an interest,
as holder or beneficial owner thereof, in more than ten per cent of the issued
and outstanding stock of any corporation other than a banking organization as
defined in section two of the banking law, a national banking association a
federal savings and loan association, the mortgage facilities corporation, savings
banks life insurance fund, the savings banks retirement system, an authorized
insurer as defined in section one hundred and seven of the insurance law, or
a trust company or other corporation organized under the laws of this state
all the capital stock of which is owned by at least twenty savings banks or
by at least twenty savings and loan associations or a subsidiary corporation
all of the capital stock of which is owned by such trust company or other corporation,
then in operation and control of such multiple dwelling, shall, in addition
to all other liabilities and penalties provided in this code and elsewhere,
be jointly and severally liable for all injury to person or property thereafter
sustained by any tenant of such multiple dwelling or any other person by reason
of the condition constituting such public nuisance and for all costs and disbursements
including attorney's fees of any suit brought by such tenant or other person.
f. No civil or
criminal liability or penalty shall attach to any person by reason of such person's
ownership or beneficial ownership of stock in a corporation owning a multiple
dwelling declared to be a public nuisance pursuant to subdivision (b) of this
section because of his or her failure to comply with any of the provisions of
this code, whose interest in such corporation is less than 25 per cent of the
issued and outstanding stock thereof, as owner or beneficial owner thereof,
and who has sustained the burden of proving that he or she has not participated
directly or indirectly in the management, operation or control of such multiple
dwelling.
g. No civil or
criminal liability or penalty shall attach to any person by reason of such person's
ownership or beneficial ownership of stock in a corporation owning a multiple
dwelling declared to be a public nuisance pursuant to subdivision (b) of this
section because of his or her failure to comply with any of the provisions of
this code unless and until such person has had a reasonable period of time to
comply following his or her having become an owner as defined in this code.
h. No civil or
criminal liability or penalty shall attach to any person who shall by operation
of law become an owner of a multiple dwelling then or thereafter certified and
declared a public nuisance to any extent pursuant to subdivision (b) of this
section, or the holder or beneficial owner of stock in such owner, if a corporation,
because of his or her failure to comply with any of the provisions of this code
and of the multiple dwelling law for a period of six months after he acquired
ownership of said multiple dwelling or the stock or beneficial interest in the
stock of a corporation which is the owner.
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