[D26-54.01] 27-2125 Power to cause or order correction
a. Whenever the
department determines that because of any violation of this chapter or other
applicable law, any dwelling or part of its premises is dangerous to human life
and safety or detrimental to health, it may
such conditions, or
(2) order the
owner of the dwelling or other responsible party to correct such conditions.
b. Where the department
determines that any violation of this chapter or other applicable law exists
in any dwelling or part of its premises, it may order the owner of the dwelling
or other responsible party to correct such conditions.
c. An order issued
pursuant to the preceding subdivisions shall state the violations involved and
the corrective action to be taken, and shall fix a time for compliance, which
shall be not less than 21 days from the date of service of the order, except
that where a condition dangerous to human life and safety or detrimental to
health exists or is threatened, a shorter period for compliance may be fixed.
d. Any order not
complied with within the stated time for compliance may be executed by the department.
Where a multiple dwelling has been declared a public nuisance pursuant to Sec.
27 2114 of article one of this subchapter, and an order to correct the conditions
constituting the nuisance has not been complied with, the department shall execute
the order pursuant to this subdivision or institute proceedings pursuant to
article 6 of this subchapter.
[D26-54.02] 27-2126 Registration of lead paint
a. The department
shall maintain a register in each borough of all certifications of lead paint
violations made to it by the department of health and such register shall also
be open to the public. The department of health shall maintain a register in
each borough for recording all complaints, inspections, examinations and laboratory
tests with respect to lead paint levels in housing accommodations, which are
determined to be violations. Such register shall indicate the date of the complaint,
the address of the dwelling premises, the action taken pursuant thereto and
shall be open for inspection to the public.
b. Whenever a
complaint has been made with respect to lead paint levels in housing accommodations,
which would constitute a violation or such condition has been otherwise determined
to be possibly present, the department of health shall make an inspection to
determine if the condition is at a level which constitutes a danger to life,
health or safety. If the owner fails to comply with an order of the department
of health to correct the violation, the department of health shall certify such
conditions to the department. The procedure of certification shall be completed
within sixteen days from receipt of complaint or inspection or examination,
whichever occurs first. The conditions so certified shall be corrected within
eighteen days of certification to the department. If such conditions are not
corrected within the eighteen days after certification by the department of
health to the department and continue to exist in excess of 72 hours thereafter
and are also the subject of an Article 78 proceeding commenced by the tenants,
the supreme court, after a hearing which shall be held under subdivision (h)
of section seven thousand eight hundred four of the Civil Practice Law and Rules
shall order and direct the department to correct such conditions within a period
fixed by the court, which shall not exceed the minimum time reasonably required
to remedy such conditions.
c. No court order
shall be issued under this section unless all unpaid rents have been deposited
with the court. Any such court order shall include a direction to the petitioning
tenants to deposit all future rents with the court as they come due. All such
rents shall be turned over to the department for payment of the reasonable cost
of the remedial work until full reimbursement has been made for the work performed
by it or under its supervision.
[D26-54.03] 27-2127 Corrective action pursuant
to court order
a. The department
may elect to proceed to take action to correct violations under this article
pursuant to a prior court order. If the department so elects, it may serve,
with any order served pursuant to subdivision (a) or (b) of section 27-2125
of this article, a notice that upon failure to comply with the order within
the stated time the department may apply for a court order directing it to execute
the repair order.
b. Upon failure
to comply with the repair order within the time fixed therein, the department
may apply to a court of competent jurisdiction for an order directing the owner
and any mortgagees or lienors of record to show cause why the department should
not be directed to execute the order, and obtain a lien for the costs of such
execution, which shall have priority over all other liens and encumbrances.
The application shall identify the dwelling, describe the violations covered
by the repair order, the work required to remedy such violations and an estimate
or the cost thereof, and contain proof of service of the repair order as required
by this section.
c. The order to
show cause shall be served in the manner prescribed for service of an order
to show cause in a receivership proceeding by subdivision (c) of section 27-2132
of article 6 of this subchapter.
d. On the return
date of the order to show cause, determination thereof shall have precedence
over every other business of the court unless the court shall find that some
other pending proceeding having similar statutory preference, has priority.
If the court finds that the facts stated in the application warrant the granting
thereof, it shall issue an order directing the department to proceed to execute
its repair order, or such part thereof as remains unexecuted.
e. If the owner
or any mortgagee or lienor of record or other person having an interest in the
property, shall apply to the court to be permitted to remove or remedy the violations
specified in the repair order and shall (1) demonstrate the ability promptly
to undertake the work required; and (2) post security for the performance thereof
within the time, and in the amount and manner deemed necessary by the court,
then the court in lieu of issuing an order as provided in subdivision d of this
section, may issue an order permitting such person to perform the work within
a time fixed by the court.
f. If, after issuance
of an order pursuant to subdivision (e) of this section, but before the time
fixed in such order for the completion of the work prescribed therein, it shall
appear to the department that the person permitted to do the same is not proceeding
with due diligence, the department may apply to the court on notice to those
persons who have appeared in the hearing under subdivision d of this section
for a hearing to determine whether an order should be rendered immediately as
provided in subdivision g of this section.
g. If, upon a
hearing authorized in subdivision (f) of this section, the court shall determine
that such person is not proceeding with due diligence, or upon the failure of
such person to complete the work in accordance with the provisions of said order,
the court shall order the department to execute or complete the execution of
said order. Such order shall direct the department to apply the security to
the expenses incurred in the execution of the repair order. In the event that
such security should exceed the amount required to remove or remedy such violations,
such order shall direct the department to file with the court, upon completion
of the work prescribed therein, a full accounting of the amount of such security
and the expenditures made pursuant to such order, and to turn over such surplus
to the person who posted such security together with a copy of such accounting.
[D26-54.05] 27-2128 Recovery of expenses
All expenses incurred
by the department pursuant to section 27-2125 or section 27-2127 of this article
shall constitute a debt recoverable from the owner and a lien upon the building
and lot, and upon the rents and other income thereof. The provisions of article
8 of this subchapter shall govern the effect and enforcement of such debt and
[D26-54.07] 27-2129 Statement of Account
Whenever the department
has incurred expenses for the repair of a dwelling or for the elimination of
any dangerous or unlawful conditions therein, pursuant to this article or any
other provision of the administrative code, it may serve upon the owner in the
manner provided in section 27-2095 of article one of subchapter 4 of this code
a statement of the expense incurred and a demand for payment thereof. If the
owner does not within thirty days of service of such statement, notify the department
in writing of his or her objection to the statement of expenses or any individual
item therein, such owner may not in any subsequent judicial or administrative
proceeding contest any item contained in such statement.