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NEW YORK STATE
MULTIPLE DWELLING LAW

Chapter 713 of the Laws of 1929, as amended


                            ARTICLE 8
                    REQUIREMENTS AND REMEDIES

Section             300. Permits.
                    301. Certificate of compliance or
                         occupancy.
                    302. Unlawful occupation.
                    302a Abatement of rent in the
                         case of serious violations.
                    302b Removal of violations by
                         mortgagees.
                    302c Right of tenant to offset
                         payments for heat failure; certain
                         cases.
                    303. Enforcement.
                    304. Penalties for violations.
                    305. Violation of local laws and
                         regulations.
                    306. Judicial procedure and orders.
                    307. Liens.
                    308. Notice of pendency of action.
                    309. Repairs, vacation and
                         demolition of buildings.
                    309a Multiple dwelling;
                         apartment prohibitions for certain
                         employees.
                    310. Board of appeals.

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Sec. 300. Permits.

1.   It shall be unlawful to commence the construction or
     alteration of a multiple dwelling or any part or section
     thereof, or of any building or structure on the same lot
     with such a dwelling, or the alteration or conversion of a
     building for use as a multiple dwelling, or the moving of a
     dwelling from one lot to another, until the issuance of a
     permit by the department upon compliance with all of the
     following requirements:

     a.   The owner, or a registered architect or licensed
          professional engineer designated by the owner as his
          agent, shall file with the department, upon a form
          furnished by it, a detailed statement of the
          specifications for the construction, alteration,
          conversion or moving of such dwelling or structure and
          for its use and occupancy, together with as many
          complete copies of the plans of such work as may be
          required by the department.

     b.   Such statement shall give the name and residence, by
          street and number, of the owner of such dwelling or
          structure. If such construction, alteration, conversion
          or moving is proposed to be done by any other person
          than the owner of the land in fee, such statement shall
          also contain the name and residence, by street and
          number, of every person interested in such land and
          dwelling, either as owner, as lessee or in any
          representative capacity.

     c.   Such statement shall be verified by an affidavit of the
          person making it. Said affidavit shall allege that said
          specifications and plans are true and contain a correct
          description of such dwelling or structure, of the class
          and kind thereof, of its occupancy of the lot and of
          the proposed work. No architect or engineer shall be
          recognized as the agent of the owner unless he shall
          file with the department a written instrument, signed
          by the owner, designating him as such agent. Any false
          allegation in respect to a material point shall be
          deemed perjury.

     d.   Such specifications, plans and statements shall be
          filed in the department, which shall cause them to be
          examined. If such plans and specifications conform to
          the provisions of this chapter, to the building code
          and regulations, and to all other applicable law, they
          shall be approved by the department, and a written
          certificate to that effect shall be issued to the
          person entitled thereto.

2.   The construction, alteration, conversion or moving of such
     dwelling or structure or any section or part thereof shall
     be in accordance with such approved specifications, plans
     and statements. The department may approve changes in any
     plans, specifications and statements previously approved by
     it, provided that when so changed they are in conformity
     with law and with the provision of subdivision four.

3.   Nothing contained in this section shall prevent the
     department from issuing a permit for the erection of the
     foundation or cellar walls of a dwelling, provided plans
     have been filed and approved in the department for the
     erection of such walls, but no construction above the first
     tier of beams shall be authorized under such permit.

4.   Any permit or approval which may be issued by the
     department, but under which no work has been done above the
     foundation or cellar walls within two years from the time of
     the issuance of such permit or approval, shall expire. The
     department may reissue any permit or renew any approval that
     has so expired, but shall require, except as otherwise
     provided in subdivision one of section twenty-six, that the
     plans be made to conform with any amendments to any laws
     applicable thereto that may have been enacted after the
     approval of the original application.

5.   Any permit or approval issued for plans filed prior to
     December fifteenth, nineteen hundred sixty-one, where such
     plans do not comply with the provisions of paragraph d of
     subdivision one of section twenty-six, shall expire on
     December fifteenth, nineteen hundred sixty-seven.

6.   No room in a cellar or basement shall be occupied for living
     purposes unless the department shall issue a written permit
     for such occupancy after all the applicable provisions of
     law have been complied with. If such permit is refused or
     revoked, the reason for such action shall be stated by the
     department in writing and a copy of such statement shall be
     recorded by the department and be accessible to the public.
     In a tenement such permit shall be kept readily accessible
     in the main living room of the apartment containing such
     cellar or basement room.

7.   The department shall have power to revoke or cancel any
     permit or approval in case of any failure to comply with any
     of the provisions of this chapter, or in case any false
     allegation or representation is made in any specifications,
     plans or statements submitted or filed for such permit or
     approval.

8.   All specifications, plans, permits and statements filed in
     the department shall be public records and shall not be
     removed from the department.


Sec. 301. Certificate of compliance or occupancy.

1.   No multiple dwelling shall be occupied in whole or in part
     until the issuance of a certificate by the department that
     said dwelling conforms in all respects to the requirements
     of this chapter, to the building code and rules and to all
     other applicable law, except that no such certificate shall
     be required in the case of:

     a.   Any class B multiple dwelling existing on April
          eighteenth, nineteen hundred twenty-nine, for which a
          certificate of occupancy was not required before such
          date and in which no changes or alterations have been
          made except in compliance with this chapter, and

     b.   Any old-law tenement, or any class A multiple dwelling
          erected after April twelfth, nineteen hundred one,
          which was occupied for two years immediately before
          January first, nineteen hundred nine, and in which no
          changes or alterations have been made except in
          compliance with the tenement house law or this chapter,
          or wherein:

          (1)   two or more apartments are combined creating
                larger residential units, and

          (2)   the total legal number of families within the
                building is being decreased, and

          (3)   the bulk of the buildings is not being increased

          These exceptions shall not be deemed to relieve any
          owner from the obligation to make every alteration
          required in any old-law tenement or other multiple
          dwelling in compliance with the applicable provisions
          of this chapter.

     2.   Except as above provided, no dwelling constructed as or
          altered or converted into a multiple dwelling after
          April eighteenth, nineteen hundred twenty-nine, shall
          be occupied in whole or in part until the issuance of a
          certificate of compliance or occupancy.

     3.   Such certificate shall be issued within ten days after
          written application therefor if the dwelling shall be
          entitled thereto. The department shall, on request of
          the owner or of his certified agent, issue a
          certificate of compliance or occupancy for any existing
          multiple dwelling not requiring such certificate,
          provided that, after an inspection by the department,
          no violations are found against such dwelling.

4.   The head of the department may, on the request of the owner
     or his certified agent, issue a temporary certificate of
     compliance or occupancy for a multiple dwelling or a section
     or a part thereof for a period of ninety days or less,
     provided that such certificate shall bear the endorsement
     that the dwelling has been inspected by the department and
     complies with all the requirements of this chapter, and that
     such temporary occupancy will not jeopardize life, health or
     property. Such temporary certificate may be renewed at the
     discretion of the head of the department for similar periods
     but shall not extend, together with such renewals, beyond a
     total period of two years from the date of its original
     issuance.

5.   A certificate, a record in the department, or a statement
     signed by the head of the department that a certificate has
     been issued, may be relied upon by every person who in good
     faith purchases a multiple dwelling or who in good faith
     lends money upon the security of a mortgage covering such a
     dwelling. Whenever any person has so relied upon such a
     certificate, no claim that such dwelling had not, prior to
     the issuance of such certificate, conformed in all respects
     to the provisions of this chapter shall be made against such
     person or against the interest of such person in a multiple
     dwelling to which such a certificate applies or concerning
     which such a statement has been issued.

6.   Notwithstanding any general or local law to the contrary, a
     certificate issued for any multiple dwelling organized
     pursuant to the provisions of article nine-B of the real
     property law, shall be deemed issued for each dwelling unit
     contained within such multiple dwelling in full compliance
     with the requirements of this section.


Sec. 302. Unlawful occupation.

1.   a.   If any dwelling or structure be occupied in whole
          or in part for human habitation in violation of section
          three hundred one, during such unlawful occupation any
          bond or note secured by a mortgage upon said dwelling
          or structure, or the lot upon which it stands, may be
          declared due at the option of the mortgagee.

     b.   No rent shall be recovered by the owner of such
          premises for said period, and no action or special
          proceeding shall be maintained therefor, or for
          possession of said premises for nonpayment of such
          rent.

     c.   During such period the department in charge of water
          supply shall not permit water to be furnished in any
          such dwelling or structure and said premises shall be
          deemed unfit for human habitation, and the department
          of health or the department charged with the
          enforcement of this chapter shall cause them to be
          vacated.

2.   The department may cause to be vacated any dwelling or any
     part thereof which contains a nuisance as defined in section
     three hundred nine, or is occupied by more families or
     persons than permitted in this chapter, or is erected,
     altered or occupied contrary to law. Any such dwelling shall
     not again be occupied until it or its occupancy, as the case
     may be, has been made to conform to law.


Sec. 302-a.    Abatement of rent in the case of serious
               violations.

1.   The provisions of this section shall apply to all cities
     with a population of four hundred thousand or more.

2.   a.   A "rent impairing" violation within the meaning of
          this section shall designate a condition in a multiple
          dwelling which, in the opinion of the department,
          constitutes, or if not promptly corrected, will
          constitute, a fire hazard or a serious threat to the
          life, health or safety of occupants thereof.

     b.   The determination as to which violations are "rent
          impairing" shall be made in the following manner.
          Within six months after the enactment of this section,
          the department shall promulgate a list of conditions
          constituting violations of the provisions of this
          chapter and of any regulations promulgated pursuant to
          the provisions of subdivision four of section three of
          this chapter. Such list shall contain a brief
          description of the condition constituting the
          violation, the section of this chapter or regulation
          violated, and the order number assigned thereto. The
          department may from time to time change the number or
          description of violations on such list, as may seem
          appropriate to the department. Such list shall be
          available at all times to the public.

     c.   At the time of the promulgation of the list of
          violations, the department shall also designate, by
          reference to the order number, those violations which
          it proposes to classify as rent impairing as above
          defined. Within thirty days thereafter, the department
          shall hold a public hearing at which all persons
          interested may be heard as to the propriety of the
          classification of such violations as rent impairing. At
          least twenty days' notice of such hearing shall be
          given by publication in the city record or other
          publication in which official notices of the city are
          regularly published. Within a reasonable time after the
          hearing, the department shall make and publish a list
          of those violations which are classified as rent
          impairing. Any person interested may, within four
          months thereafter, seek a review by the supreme court
          of the propriety of the classification of any of such
          violations as "Rent Impairing" by a special proceeding
          pursuant to article seventy-eight of the civil practice
          law and rules. No other body or officer shall have the
          power to review said classification.

     d.   The department may at any time change the number or
          description of rent impairing violations but no such
          change shall be made except in the manner above set
          forth after notice and public hearing.

3.   a.   If (i) the official records of the department
          shall note that a rent impairing violation exists in
          respect to a multiple dwelling and that notice of such
          violation has been given by the department, by mail, to
          the owner last registered with the department and (ii)
          such note of the violation is not canceled or removed
          of record within six months after the date of such
          notice of such violation, then for the period that such
          violation remains uncorrected after the expiration of
          said six months, no rent shall be recovered by any
          owner for any premises in such multiple dwelling used
          by a resident thereof for human habitation in which the
          condition constituting such rent impairing violation
          exists, provided, however, that if the violation is one
          that requires approval of plans by the department for
          the corrective work and if plans for such corrective
          work shall have been duly filed within three months
          from the date of notice of such violation by the
          department to the owner last registered with the
          department, the six-months period aforementioned shall
          not begin to run until the date that plans for the
          corrective work are approved by the department; if
          plans are not filed within said three-months period or
          if so filed, they are disapproved and amendments are
          not duly filed within thirty days after the date of
          notification of the disapproval by the department to
          the person having filed the plans, the six-months
          period shall be computed as if no plans whatever had
          been filed under this proviso. If a condition
          constituting a rent impairing violation exists in the
          part of a multiple dwelling used in common by the
          residents or in the part under the control of the owner
          thereof, the violation shall be deemed to exist in the
          respective premises of each resident of the multiple
          dwelling.

     b.   The provisions of subparagraph a shall not apply if (i)
          the condition referred to in the department's notice to
          the owner last registered with the department did not
          in fact exist, notwithstanding the notation thereof in
          the records of the department; (ii) the condition which
          is the subject of the violation has in fact been
          corrected, though the note thereof in the department
          has not been removed or canceled; (iii) the violation
          has been caused by the resident from whom rent is
          sought to be collected or by members of his family or
          by his guests or by another resident of the multiple
          dwelling or the members of the family of such other
          resident or by his guests, or (iv) the resident
          proceeded against for rent has refused entry to the
          owner for the purpose of correcting the condition
          giving rise to the violation.

     c.   To raise a defense under subparagraph a in any action
          to recover rent or in any special proceeding for the
          recovery of possession because of non-payment of rent,
          the resident must affirmatively plead and prove the
          material facts under subparagraph a, and must also
          deposit with the clerk of the court in which the action
          or proceeding is pending at the time of filing of the
          resident's answer the amount of rent sought to be
          recovered in the action or upon which the proceeding to
          recover possession is based, to be held by the clerk of
          the court until final disposition of the action or
          proceeding at which time the rent deposited shall be
          paid to the owner, if the owner prevails, or be
          returned to the resident if the resident prevails. Such
          deposit of rent shall vitiate any right on the part of
          the owner to terminate the lease or rental agreement of
          the resident because of nonpayment of rent.

     d.   If a resident voluntarily pays rent or an installment
          of rent when he would be privileged to withhold the
          same under subparagraph a, he shall not thereafter have
          any claim or cause of action to recover back the rent
          or installment of rent so paid. A voluntary payment
          within the meaning hereof shall mean payment other than
          one made pursuant to a judgment in an action or special
          proceeding.

     e.   If upon the trial of any action to recover rent or any
          special proceeding for the recovery of possession
          because of non-payment of rent it shall appear that the
          resident has raised a defense under this section in bad
          faith, or has caused the violation or has refused entry
          to the owner for the purpose of correcting the
          condition giving rise to the violation, the court, in
          its discretion, may impose upon the resident the
          reasonable costs of the owner, including counsel fees,
          in maintaining the action or proceeding not to exceed
          one hundred dollars.


Sec. 302-b.    Removal of violations by mortgagees.

1.   Notwithstanding any other provision of law, where a receiver
     has been appointed in foreclosure proceedings instituted by
     a mortgagee with respect to any multiple dwelling, such
     mortgagee may advance to such receiver funds necessary for
     the operation of such multiple dwelling and for the making
     of repairs therein necessary to remove conditions
     constituting violations of this chapter. Such receiver
     shall, to the extent possible, repay any and all such
     advances from income received by him with respect to the
     property and, if such income is insufficient to permit
     complete repayment of such advances, any amounts which
     cannot be so repaid, with interest, shall be added to the
     amount of the lien of such mortgagee upon entry of a
     foreclosure judgment, provided, however, that such amounts
     shall not be the basis for any additional personal liability
     on the part of the mortgagor.

2.   Notwithstanding any other provisions of law, a mortgagee
     advancing funds to a receiver pursuant to subdivision one of
     this section shall be liable only for gross and willful
     negligence with respect to any repair made at his direction
     and with funds so advanced.


Sec. 302-c.    Right of tenant to offset payments for heat
               failure; certain cases.

1.   Any tenant acting alone or together with other tenants of a
     multiple dwelling employing an oil fired heating device for
     which the owner is responsible and wherein there exists a
     lack of heat due to the owner's failure to have oil supplied
     to the premises, may contract and pay for the delivery of
     such oil in accordance with the provisions of this section.
     Any payment so made shall be deductible from rent providing
     the following provisions have been substantially complied
     with by the tenant or someone acting on his behalf:

     a.   Reasonable efforts were made to contact the owner or
          his agent to inform the owner of such failure to supply
          oil.

     b.   Reasonable efforts were made to have the normal fuel
          supplier to the premises deliver the requested fuel.

     c.   Delivery of fuel oil to the premises was secured from a
          fuel supplier regularly engaged in such business at a
          price within the range of prices listed by the
          department in the index provided for in subdivision
          three of this section.

     d.   The fuel supplier from whom oil is secured provided a
          written statement containing the following:

          (1)   The name of the person or persons who requested
                the delivery; and

          (2)   The date, time of and premises to which delivery
                was made; and

          (3)   The amount, grade and price of the oil
                delivered; and

          (4)   A certification that the usable fuel supply
                before the delivery was exhausted; and

          (5)   The charge, if any, for refiring the burner; and

          (6)   The amounts and from whom any payments were
                received.

     e.   A tenant shall not be required to comply with the
          provisions of paragraph a or b hereof unless the owner
          has continuously kept posted in a conspicuous place at
          the premises a notice containing his name, address and
          telephone number or that of his agent and the name,
          address and telephone number of the fuel supplier to
          the premises.

     f.   For purposes of this section, a multiple dwelling shall
          be considered to lack heat if, during the months
          between October first and May thirty-first, while its
          usable fuel supply was exhausted, the outdoor
          temperature fell below fifty-five degrees Fahrenheit at
          any time during the hours between six o'clock in the
          morning and ten o'clock in the evening.

2.   The deduction from rent allowed by this section shall also
     include a reasonable charge, if any, made by the supplier
     for refiring the oil burner at the premises.

3.   The department charged with the enforcement of laws,
     ordinances and regulations in relation to multiple dwellings
     shall:

     a.   Maintain and, to the extent practicable, update at
          least bi-weekly an index reflecting the range of prices
          of fuel oil according to grade and quantity paid per
          gallon on deliveries within the jurisdiction of the
          department during the last two week period for which
          statistics are available; and

     b.   Maintain and keep current and available a list of
          suppliers which have agreed to make deliveries of fuel
          oil in the circumstances, and to render such assistance
          as is otherwise required hereby to enable tenants to
          obtain the benefits, contemplated by this section.

4.   The payment for fuel oil at a price within the range of
     prices permitted by paragraph c of subdivision one of this
     section shall be conclusively presumed to have been a
     reasonable price.

5.   The introduction into evidence in any action or proceeding
     of any statement rendered in compliance with the provisions
     of paragraph d of subdivision one of this section shall be
     presumptive of the facts stated therein. Sufficient
     foundation for the allowance into evidence of such statement
     shall consist of the oral testimony of any person named as a
     payer of all or part of the amount indicated thereon
     relating the facts and circumstances in which the statement
     was rendered.

6.   Any tenant who has in good faith secured and paid for fuel
     oil otherwise in conformance with the provisions of this
     section and against whom an action or proceeding to recover
     possession of the premises for nonpayment of rent or any
     other action or proceeding attributable at least in part to
     the tenant seeking or taking a deduction from rent as
     allowed by this section shall, in addition to any other
     amounts, be entitled to recover reasonable costs and
     attorney's fees against an owner bringing such action or
     proceeding.

7.   No owner or agent shall be entitled to recover any amounts
     in damages from any fuel oil supplier who attempts in good
     faith and acts reasonably to carry out the intendment of
     this section except damages arising out of gross negligence.

8.   The remedy provided in this section shall not be exclusive
     and a court may provide such other relief as may be just and
     proper in the circumstances. Nothing in this section shall
     be construed to limit or deny any existing constitutional,
     statutory, administrative or common law right of a tenant to
     contract and pay for the delivery of fuel oil for the
     multiple dwelling in which he resides or to pay for the cost
     of any other goods and services for such multiple dwelling.
     This section shall not be construed to preclude any defense,
     counterclaim or cause of action asserted by a tenant that
     may otherwise exist with respect to an owner's failure to
     provide heat or any other service.

9.   Any agreement by a tenant of a dwelling waiving or modifying
     his rights as set forth in this section shall be void as
     contrary to public policy.

10.  The provisions of this section shall be liberally construed
     so as to give effect to the purposes set forth herein.

*11. Nothing contained in this section and no payment made
     pursuant to this section shall be deemed to discharge the
     liability of a renter with an interest in real property
     pursuant to subdivision two of section three hundred four of
     the real property tax law from taxes levied on such
     interest.

     * NB (Effective pending ruling by Commissioner of Internal
     Revenue)


Sec. 303. Enforcement.

1.   Except as herein otherwise provided, the provisions of this
     chapter shall be enforced by the department charged with the
     enforcement of laws, ordinances and regulations in relation
     to multiple dwellings.

1-a. For the purpose of enforcing the provisions of this chapter,
     the department shall have the power to subpoena witnesses,
     administer oaths and take testimony, compel the production
     of books, papers, records and documents and to hold public
     or private hearings, subject to the right of any person who
     shall appear hereunder to be represented by counsel of his
     own choosing, at any such hearing. The department may
     designate one or more of its members, officers or employees
     to exercise any one or more of such powers.

2.   Nothing in this chapter shall be construed to abrogate or
     impair the powers of any department or of the courts to
     enforce the provisions of any local law, ordinance, rule,
     regulation or charter not inconsistent with this chapter, or
     to prevent violations or punish violators thereof.


Sec. 304. Penalties for violations.

1.   Except as otherwise in this section specifically provided,
     every person who shall violate or assist in the violation of
     any provision of this chapter shall be guilty of a
     misdemeanor punishable, for a first offense, by a fine of
     not exceeding five hundred dollars or by imprisonment for a
     period of not exceeding thirty days, or by both such fine
     and imprisonment; for the second and any subsequent offense
     arising from the failure to remove the violation upon which
     the first offense was based, by a fine of not exceeding one
     thousand dollars or by imprisonment for a period of not
     exceeding six months, or by both such fine and imprisonment.

1-a. Every person who shall violate or assist in the violation of
     any provision of sections twenty-nine, thirty-seven, sixty-
     two, eighty eighty-one, eighty-three or three hundred twenty-
     five of this chapter shall be guilty of an offense. The
     maximum fine for a first violation of any provision of such
     sections hereinbefore in this subdivision set forth, with
     respect to a particular dwelling, shall be fifty dollars;
     the maximum fine for the second offense arising from the
     failure to remove the violation upon which the first offense
     was based shall be two hundred fifty dollars; the maximum
     fine for the third or any subsequent offense arising from
     the failure to remove the violation upon which the first and
     second offenses were based shall be five hundred dollars.
     Such a violation under this subdivision shall not be a crime
     and the penalty or punishment imposed therefor shall not be
     deemed for any purpose a penal or criminal penalty or
     punishment, and shall not impose any disability upon or
     affect or impair the credibility as a witness, or otherwise,
     of any person convicted thereof.

2.   Any person who, having been served with a notice or order to
     remove any nuisance or violation, shall fail to comply
     therewith within five days after such service, or shall
     continue to violate any provision or requirement of this
     chapter in the respect named in such notice or order, shall
     also be subject to a civil penalty of two hundred fifty
     dollars. Such persons shall also be liable for all costs,
     expenses and disbursements incurred by any such department
     or its agent or contractor in the removal of any such
     nuisance or violation.

3.   In case the notice required by section three hundred twenty-
     five is not filed, or the owner of a dwelling does not
     reside within the state or cannot after diligent effort be
     served with process therein, the existence of a nuisance or
     of any other violation of this chapter or of an order or a
     notice made by the department, shall subject the dwelling
     and lot to a penalty of two hundred fifty dollars.

4.   An action may be brought in any court of competent civil
     jurisdiction for the recovery of any such penalties, costs
     and disbursements.

5.   All penalties collected shall be paid into the treasury of
     the city, but no provision of this chapter shall prohibit
     the city from creating and maintaining out of such penalties
     a separate fund not in excess of twenty-five thousand
     dollars, out of which payment may be made for repairs made
     by any department charged with the enforcement of this
     chapter or its agents or contractors, as provided in section
     three hundred nine.

6.   No civil or criminal liability or penalty shall attach to
     any person who has acquired or shall acquire any tenement or
     converted dwelling by foreclosure of a mortgage or deed in
     lieu of foreclosure of a mortgage, because of his failure
     for a period of six months after the delivery of the
     referee's deed in foreclosure or the delivery of such deed
     in lieu of foreclosure, to comply with the provisions of
     this chapter in reference to such tenement or converted
     dwelling, provided he remains the owner thereof. Upon the
     transfer of title by such person prior to the termination of
     the said six months, and in any event upon the termination
     of such period, such penalties shall apply as provided in
     this section.

6-a. No civil or criminal liability or penalty shall attach to
     any person who has, by an order of a court, been appointed
     as a receiver in a foreclosure action to collect rents,
     because of his failure for a period of six (6) months after
     he qualifies as such receiver, to comply with any of the
     provisions of this chapter.

     Upon the receiver's discharge by the court prior to the
     termination of such period, and in any event upon the
     termination of such period, the penalties provided in this
     section shall thereafter apply.

6-b. 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
     paragraph b of subdivision one of section three hundred nine
     of this chapter, or the holder or beneficial owner of stock
     in such owner, if a corporation, because of his failure to
     comply with any of the provisions of this chapter for a
     period of six months after he acquires ownership of said
     multiple dwelling or the stock or beneficial interest in the
     stock of a corporation which is the owner.

7.   None of the civil or criminal penalties provided in this
     section shall apply to any person because of his failure to
     comply with the provisions of section two hundred thirty-
     three, subdivision four of section two hundred thirty-eight,
     subdivision three of section two hundred forty or
     subdivisions two and three of section two hundred fifty in
     reference to any old-law tenement, if he agrees in writing
     with the department to comply with such provisions or to
     vacate or demolish such tenement, within a period not
     exceeding six months fixed by the department. Such agreement
     shall be in form satisfactory to the department, and shall
     contain provisions to secure the performance thereof and
     such other terms as may be mutually agreed upon. The
     transfer of title or control by such person, or the
     termination of such period by limitation, shall subject the
     person then directly or indirectly in control of such
     tenement to the penalties prescribed by this section, if
     violations of such provisions then exist.

8.   Whenever a multiple dwelling shall have been declared a
     public nuisance to any extent pursuant to paragraph b of
     subdivision one of section three hundred nine of this
     chapter 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 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 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 chapter 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 attorneys' fees of any suit brought by such tenant
     or other person.

9.   No civil or criminal liability or penalty shall attach to
     any person by reason of his ownership or beneficial
     ownership of stock in a corporation owning a multiple
     dwelling declared to be a public nuisance pursuant to
     paragraph b of subdivision one of section three hundred nine
     of this chapter because of his failure to comply with any of
     the provisions of this chapter, whose interest in such
     corporation is less than twenty-five 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
     has not participated directly or indirectly in the
     management, operation or control of such multiple dwelling.

10.  No criminal liability or penalty shall attach to any person
     by reason of his ownership or beneficial ownership of stock
     in a corporation owning a multiple dwelling declared to be a
     public nuisance pursuant to paragraph b of subdivision one
     of section three hundred nine of this chapter because of his
     failure to comply with any of the provisions of this chapter
     unless and until he has had a reasonable period of time to
     comply following his having become an owner as defined in
     this chapter.

11.  The term "person" as used in this section shall include the
     owner, mortgagee or vendee in possession, assignee of rents,
     receiver, executor, trustee, lessee, agent or any other
     person, firm or corporation directly or indirectly in
     control of a dwelling or part thereof. Whenever a multiple
     dwelling shall have been declared a public nuisance to any
     extent pursuant to paragraph b of subdivision one of section
     three hundred nine of this chapter and such declaration
     shall have been filed as therein provided, the term "person"
     shall be deemed to include, in addition to those mentioned
     hereinabove, all the officers, directors and persons having
     an interest in more than ten percent of the issued and
     outstanding stock of the owner as herein defined, as holder
     or beneficial owner thereof, if such person 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 one hundred 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 a subsidiary
     corporation all of the capital stock of which is owned by
     such trust company or other corporation.


Sec. 305. Violation of local laws and regulations.

Any owner, architect, builder, contractor, sub-contractor,
construction superintendent or their agents who shall, in the
construction or alteration of any building or structure intended
to be occupied as a multiple dwelling, knowingly violate any of
the provisions of local laws, ordinances, rules or regulations
shall be guilty of a misdemeanor.


Sec. 306. Judicial procedure and orders.

1.   In case any multiple dwelling or structure or any part
     thereof or the lot on which it is situated is constructed,
     altered, converted or maintained in violation of any
     provision of this chapter or of any order or notice of the
     department, or in case a nuisance exists in any such
     dwelling or structure or part thereof or upon the lot on
     which it is situated, the department may institute any
     appropriate action or proceeding to prevent such unlawful
     construction, alteration, conversion or maintenance, to
     restrain, correct or abate such violation or nuisance, to
     prevent the occupation of said dwelling or structure or any
     part thereof, or to prevent any illegal act, conduct or
     business in or about such dwelling, structure or lot.

2.   In any such action or proceeding the department may, by
     affidavit setting forth the facts, apply to the supreme
     court, or to any justice thereof, or, if the premises in
     respect to which the action is brought are situated in the
     city of New York, to the New York city civil court, for:

     a.   An order granting the relief for which said action or
          proceeding is brought, or enjoining all persons from
          doing or permitting to be done any work in or about
          such dwelling, structure or lot or any part thereof, or
          from occupying or using the same for any purpose, until
          the entry of final judgment or order.

     b.   An order authorizing the department to execute and
          carry out the provisions of any notice or order which
          is issued by the department and not complied with, to
          remove any violation specified in such notice or order,
          or to abate any nuisance in or about such dwelling,
          structure or lot.

3.   In an action to establish a lien under this chapter, the
     service and procedure, except as otherwise provided in
     section three hundred nine, shall be as set forth in
     sections three hundred twenty-six and three hundred fifty-
     six to three hundred sixty, both inclusive.

4.   The judgment in any such action may provide for the sale at
     public auction of the property affected, and for such other
     remedies to secure the enforcement thereof as the court may
     deem proper.

5.   The court or any justice thereof is authorized to make any
     order specified in this section.

6.   In no case shall the city, or the department or any officer
     or employee thereof, be liable for costs in any action or
     proceeding that may be commenced pursuant to this chapter.


Sec. 307. Liens.

Every fine imposed by judgment under section three hundred four
upon an owner shall be a lien upon the premises in relation to
which the fine is imposed from the time of the filing of a
certified copy of said judgment in the office of the clerk of the
county in which such premises are situated, subject only to
taxes, assessments and water rates and to such mortgage and
mechanics' liens as may exist thereon prior to such filing; and
it shall be the duty of the department upon the entry of said
judgment to file such certified copy forthwith, and such copy
shall be forthwith indexed by such clerk in the index of
mechanics' liens.


Sec. 308. Notice of pendency of action.

1.   In any action or proceeding instituted by the department the
     plaintiff or petitioner may file in the county clerk's
     office of the county where the premises affected by such
     action or proceeding are situated, a notice of the pendency
     of such action or proceeding. Such notice may be filed at
     any time after the service of any notice or order issued by
     the department, at the time of the commencement of the
     action or proceeding, or at any time afterwards, before
     final judgment or order.

2.   Each county clerk with whom such a notice is filed shall
     record and index it to the name of each person specified in
     a direction subscribed by the corporation counsel or other
     legal officer of the city.

3.   Any such notice may be vacated upon the order of a judge or
     justice of the court in which such action or proceeding was
     instituted or is pending, or upon the consent in writing of
     the corporation counsel or other legal officer of the city.
     The clerk of the county where such notice is filed shall
     mark such notice and any record or docket thereof as
     canceled of record upon the presentation and filing of such
     consent or of a certified copy of such order.


Sec. 309. Repairs, vacation and demolition of buildings.

1.   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 and 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 law, 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
          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 as provided by section three hundred twenty-eight
          of this chapter, 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 one hundred 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 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 or cause such nuisance to be
          removed, abated, suspended, purified, altered, repaired
          or otherwise improved as the order shall specify.

     d.   The department may order or cause any multiple dwelling
          or any part of its premises, or any excavation,
          structure, sewer, plumbing, pipe, passage, matter or
          thing in or about such premises to be purified,
          cleansed, disinfected, removed, altered, repaired or
          improved.

     e.   Whenever the department shall certify that a nuisance
          exists in a multiple dwelling, or any part of its
          premises, which constitutes a serious fire hazard or is
          a serious threat to life, health or safety, the
          department may issue a written order to the owner
          directing the removal or remedying of such nuisance in
          the manner and within the time specified in such order
          which shall be not less than twenty-one days after the
          service thereof on the owner in the manner specified in
          subdivision one of section three hundred twenty-six of
          this chapter except that if the department shall
          determine that the condition is such that a delay of
          twenty-one days in remedying or removing the same may
          cause irreparable harm to the building or constitutes
          an imminent danger to its occupants, or the occupants
          of adjoining property or the general public, then the
          time specified for such remedy or removal may be less
          than twenty-one days.

     f.   If any order of the department is not complied with or
          not so far complied with as the department may regard
          as reasonable, within the time therein designated, then
          such order may be executed by the department, its
          agents or contractors, or, as an alternative, if the
          multiple dwelling involved shall have been declared to
          be a public nuisance pursuant to paragraph b of
          subdivision one of section three hundred nine of this
          chapter and such declaration shall have been filed as
          therein provided, the department or a receiver
          appointed pursuant to subdivision five of this section
          or any tenant of such multiple dwelling may institute
          and maintain an action in the supreme court in the
          county where the multiple dwelling is located, or in
          the housing part of the New York city civil court, if
          the multiple dwelling is located in the city of New
          York, against any owner or owners to whom the order was
          issued pursuant to paragraph e of subdivision one of
          this section for an order compelling such owner of
          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 de 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.

     g.   The department may in its discretion let out contracts
          for the repairs to be done pursuant to this section in
          accordance with the provisions of local laws,
          ordinances, rules and regulations of the city
          applicable to the letting of contracts for public
          works.

2.  a.   An "untenanted hazard" is a multiple dwelling or
         any part thereof, or any structure on the same premises
         with a multiple dwelling, which has been untenanted for
         a period of sixty days or more and either is not
         guarded continuously by a resident caretaker or has any
         exterior openings which are not sealed in a manner
         approved by the department and is a fire hazard or in a
         condition dangerous or detrimental to human life,
         health or morals.

     b.   Whenever an officer of the department shall certify
          that any multiple dwelling or part thereof is an
          untenanted hazard, the department shall so notify the
          owner by attaching a notice in a conspicuous place on
          the premises to such effect, and sending by registered
          mail a copy of such notice to such owner, at the
          address or addresses registered with the department,
          or, if no address is registered with the department and
          such owner cannot with due diligence be served
          personally, by sending a copy of such notice by
          registered mail to the last known address of such
          owner. The department shall also send a copy of such
          notice by registered mail to every owner of record of a
          mortgage upon such premises, at the address of such
          owner appearing in the record of such mortgage in the
          office in which mortgages are registered in the county
          in which such premises are located or, if no address
          appear therein, by sending such notice by registered
          mail to the person at whose request such instrument was
          recorded.

     c.   Such notice shall contain a description of the
          dwelling, and a statement of the particulars in which
          the dwelling is deemed to be an untenanted hazard, and
          the order that the dwelling or part thereof be
          demolished. Such notice and order shall require the
          person thus served to certify within ten days
          thereafter to the department his assent or refusal to
          demolish the same.

     d.   If such demolition is not commenced within twenty-one
          days after the mailing and posting of such notice and
          order, such department shall then serve all such
          aforementioned persons further notice to the effect
          that on a certain day it will apply to the special term
          of the supreme court for the hearing of motions for the
          county in which such premises are located, or to the
          housing part of the New York city civil court, if the
          premises are located in the city of New York, for an
          order declaring such untenanted hazard to exist and
          directing the demolition of such premises or part
          thereof.

     e.   Such court shall, if it finds the statements in the
          notice to be true, direct that, if within five days
          after the order is entered it is not complied with, the
          department may proceed with the execution of such order
          through contractors in accordance with the provisions
          of local laws, ordinances, rules and regulations of the
          city applicable to the letting of contracts for public
          works, or through its own officers, agents or
          employees.

     f.   The expenses and disbursements incurred by the
          department in carrying out such orders shall be met
          from any appropriation for such purpose or, to the
          extent that no such appropriation has been made or that
          any such appropriation is insufficient, from the
          proceeds of the sale of obligations pursuant to the
          local finance law.

3.   Whenever the department has incurred any expense for which
     payment is due under the provisions of this section, the
     department may institute and maintain a suit against the
     owner of the dwelling in respect to which such expense shall
     have been incurred and may recover the amount of such
     expense as in this section provided. In any case where
     expenditures made or obligations incurred by a receiver
     appointed pursuant to subdivision five of this section in
     remedying a nuisance are not paid or reimbursed from the
     rents and income of the dwelling or where the receivership
     expenses, fees and commissions are not paid or reimbursed
     from the rents and income of the dwelling, the receiver may
     institute and maintain a suit against the owner of the
     dwelling to recover such deficiency.

4.   a.   The department or a receiver appointed pursuant to
          subdivision five of this section shall have a lien, for
          the expenses necessarily incurred in the execution of
          an order, upon the premises upon or in respect of which
          the work required by said order has been done or
          expenses incurred, which lien shall have priority over
          all other mortgages, liens and encumbrances of record,
          except taxes and assessments levied pursuant to law. In
          the event that a receiver having a lien, in favor of
          the department of real estate, is discharged and such
          lien is in effect at the time of such discharge, such
          lien shall continue to vest in the department of real
          estate.

     b.   No such lien shall be valid for any purpose until the
          department or receiver, as the case may be, shall file
          where notices of mechanics' liens are required to be
          filed, a notice containing the same particulars as
          required to be stated with reference to mechanics'
          liens, with the further statement that the expense has
          been incurred in pursuance of the order of the
          department, and giving the date of the order, or in
          performance by the receiver of the work required to
          remedy a condition pursuant to an order of the court
          establishing the receivership and giving the date of
          the order, or that a deficiency has accrued with
          respect to the receivership established pursuant to an
          order of the court and giving the date of the order, as
          the case may be. Such notice shall be filed at any time
          during the progress of the work required by such order
          or undertaken by the receiver, or within four months
          after the completion of the contract, or the final
          performance of the work or the final furnishing of the
          materials, dating from the last item of work performed
          or materials furnished or, in the case of a deficiency,
          at any time before the discharge of the receiver.

     c.   The officer with whom such notice is filed shall make
          the same entry on the book or index in which mechanics'
          liens are entered as he is required to enter in cases
          of mechanics' liens, together with a reference to such
          order by date; and thereafter such lien shall, except
          as herein otherwise provided, have the same effect in
          all respects as to all persons as a mechanics' lien;
          and all proceedings with reference to such lien, its
          enforcement and discharge, shall be carried on in the
          same manner as similar proceedings with reference to
          other mechanics' liens.

     d.   Unless, within six months after actual notice of such
          filing, proceedings are taken by the party against whom
          or whose premises a lien is claimed, to discharge such
          lien, the filing shall, as to all persons having such
          actual notice, become conclusive evidence that the
          amount claimed in the notice of lien, with interest, is
          due, and is a just lien upon the premises.

     e.   Such lien shall continue to be a lien for a period of
          one year from the time of its filing unless proceedings
          are in the meantime taken to enforce or discharge it,
          which may be done at any time during its continuance.
          In case proceedings are so taken, the lien shall remain
          in effect until the final termination of such
          proceedings; and if such proceedings shall result in a
          judgment for the amount claimed or any portion thereof,
          such judgment shall, to such extent, be a lien in the
          same manner and from the same time as the original
          lien.

5.   a.   If the department shall desire that a receiver be
          appointed as hereinafter provided to remove or remedy a
          nuisance described in paragraph e of subdivision one of
          this section and that such receiver shall obtain a lien
          for cost incurred in connection therewith in favor of
          the department of real estate, which shall have the
          priority with respect to existing mortgages or liens
          provided in paragraph e of this subdivision, it shall
          within five days after the service of the order upon
          the owner serve a copy of such order upon every
          mortgagee and lienor of record personally or by
          registered mail, return receipt requested, at the
          address set forth in the recorded mortgage or lien.
          Appended to the copy of such order shall be a notice
          addressed to such mortgagee and lienor stating that in
          the event the nuisance is not removed or remedied in
          the manner and within the time specified in the order,
          the department may apply to the supreme court, or to
          the housing part of the New York city civil court, if
          the premises are located in the city of New York, for
          an order to show cause why a receiver of the rents,
          issues and profits of the property shall not be
          appointed with rights therein superior to those of such
          owner, mortgagee or lienor.

     b.   The department shall file a copy of such notice and
          order in the office of the county clerk in which
          mechanics liens affecting the property would be filed.

     c.    1.   The department may thereafter apply to the
                supreme court in the county where the property
                is situated, or to the housing part of the civil
                court of the city of New York, if the property
                is situated in the city of New York, by verified
                petition for an order directing the owner and
                any mortgagees or lienors of record to show
                cause why the commissioner or chief executive of
                the bureau or department of real estate of the
                municipality should not be appointed receiver of
                the rents, issues and profits of the property
                and why said receiver should not remove or
                remedy such condition and obtain a lien in favor
                of the department of real estate against the
                property having the priority provided in
                paragraph e of this subdivision to secure
                repayment of the costs incurred by the receiver
                in removing or remedying such condition. Such
                application shall contain (a) proof by affidavit
                that an order of the department has been issued
                and served on the owner, mortgagees and lienors
                in accordance with and within the periods
                specified in paragraph e of subdivision one of
                this section and paragraph a of this subdivision
                and filed in accordance with the provisions of
                paragraph b of this subdivision; (b) a statement
                that a nuisance which constitutes a serious fire
                hazard or is a serious threat to life, health,
                or safety continued to exist in said property
                after the time fixed for the removal thereof in
                the department order and a description of the
                property and conditions constituting such
                nuisance; (c) a brief description of the nature
                of the work required to remove or remedy the
                condition and an estimate as to the cost
                thereof. Such order to show cause shall be
                returnable not less than five days after service
                is completed and shall provide for personal
                service of a copy thereof and the papers on
                which it is based on the owners and mortgagees
                of record and lienors. If any such owner,
                mortgagee or lienor cannot with due diligence be
                served personally within the city where the
                property is located and within the time fixed in
                such order, then service may be made on such
                persons by posting a copy thereof in a
                conspicuous place on the premises where the
                nuisance exists, and by sending a copy thereof
                by registered mail, return receipt requested, to
                the owner at the last address registered by him
                with the department, or in the absence of such
                registration, to the address set forth in the
                last recorded deed with respect to said
                premises, or, in the case of a mortgagee or
                lienor, to the address set forth in the recorded
                mortgage or lien and by publication in a
                newspaper of general circulation in the county
                where such premises are located, which
                newspaper, if there is an official law paper for
                such county, shall be such official law paper.
                Service shall be deemed complete on filing proof
                of service thereof in the office of the clerk of
                the court in which such application is made.

          2.    If the condition constituting the nuisance is
                such that unless immediately cured irreparable
                damage may be caused to the building or it
                constitutes an imminent danger to its occupants,
                or the occupants of adjoining properties then
                the order to show cause may be returnable in the
                discretion of the court in less than five days,
                and in such case, service may be made on the
                owner, mortgagee and lienor by posting a copy
                thereof in a conspicuous place on the premises
                where the nuisance exists and by mailing a copy
                in the case of the owner to the address filed
                with the department and in the case of the
                mortgagee and lienor to the address recorded. If
                a receiver be appointed as hereinafter provided,
                and service shall not have been made in
                accordance with subparagraph one, then his
                appointment shall be temporary only and expire
                not more than thirty days thereafter unless,
                prior to the expiration of such thirty days, the
                department shall serve notice on the owner,
                mortgagees and lienors in the manner provided
                for in subparagraph one hereof of intention to
                apply to the court at a date fixed in such
                notice and not less than five days after the
                service of such notice, for an extension of said
                receivership. In such event the period of the
                appointment of the temporary receiver shall be
                deemed to be extended for a further period of
                fifteen days. In addition to the requirements
                set forth in subparagraph one, such notice shall
                also contain a statement of any expenditures
                made or obligations incurred by the receiver
                during the period of his temporary appointment.
                On the date fixed in such notice, the court
                shall determine whether or not to extend the
                period of receivership and such determination
                shall be made as if the application were an
                original one for the appointment of a receiver,
                pursuant to subparagraph one.

          3.    On the return of said order to show cause,
                determination shall have precedence over every
                other business of the court unless the court
                shall find that some other pending proceeding,
                having a similar statutory precedence, shall
                have priority. If the court shall find that the
                facts stated in such application warrant the
                granting thereof, then the commissioner or chief
                executive of the bureau or department of real
                estate of the municipality shall be appointed
                receiver of the rents, issues and profits of the
                property. However after determination of the
                issue if the owner or any mortgagee or lienor or
                other person having an interest in the property
                shall apply to the court to be permitted to
                remove or remedy the conditions constituting the
                nuisance 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 may in
                lieu of appointing such receiver issue an order
                permitting such person to perform the work
                within a time fixed by the court. If at the time
                fixed in the order the conditions constituting
                the nuisance have not been satisfactorily
                remedied or removed, then the court shall
                appoint such receiver. If after the granting of
                an order permitting a person to perform the work
                but before the time fixed by the court for the
                completion thereof it shall appear to the
                department that the person permitted to do the
                same is not proceeding with due diligence, then
                the department may apply to the court on notice
                to those persons who have appeared in the
                proceeding for a hearing to determine whether
                such receiver shall be appointed immediately. On
                the failure of any such owner, mortgagee, lienor
                or other person having an interest in the
                property to complete the work in accordance with
                the provisions of said order, the department, or
                any such receiver thereafter appointed shall be
                reimbursed for costs incurred by him in removing
                or remedying the condition and other charges
                herein provided for out of such security.

     d.    1.   Any receiver appointed pursuant to this
                subdivision shall have all of the powers and
                duties of a receiver appointed in an action to
                foreclose a mortgage on real property, together
                with such additional powers and duties as herein
                granted and imposed. The receiver shall with all
                reasonable speed remedy the nuisance and remove
                all the delinquent matters and deficiencies in
                the dwelling including those constituting a fire
                hazard or a threat to life, health or safety and
                may, in addition to ordinary repairs,
                maintenance and replacement, make other
                improvements to effect a rehabilitation of the
                property, in such fashion as is consistent with
                maintaining safe and habitable conditions over
                the remaining useful life of the dwelling. He
                shall have the power to let contracts therefor
                or incur expenses in accordance with the
                provisions of local laws, ordinances, rules and
                regulations applicable to contracts for public
                works except that advertisement shall not be
                required for each such contract. Notwithstanding
                any such laws, ordinances, rules or regulations,
                the receiver may let contracts or incur expenses
                for individual items of repairs, improvements or
                supplies without the procurement of competitive
                bids where the total amount of any such
                individual item does not exceed twenty-five
                hundred dollars. The receiver shall not be
                required to file any bond. He shall collect the
                accrued and accruing rents, issues and profits
                of the dwelling and apply the same to the cost
                of removing or remedying such nuisance, to the
                making of such other improvements as
                aforestated, to the payment of expenses
                reasonably necessary to the proper operation and
                management of the property, including insurance
                and the fees of the managing agent, and the
                necessary expenses of his office as receiver,
                the repayment of all monies advanced to the
                receiver by the department of real estate to
                cover the costs incurred by the receiver and
                interest thereon; and then, if there be a
                surplus, to unpaid taxes, assessments, water
                rents, sewer rents and penalties and interest
                thereon, and then to sums due to mortgagees or
                lienors. If the income of the property shall be
                insufficient to cover the cost of remedying or
                removing such nuisance, or to making of such
                other improvements as aforestated, or of the
                expenses reasonably necessary to the proper
                operation and management of the property and
                other necessary expenses of the receiver, the
                department of real estate shall advance to the
                receiver any sums required to cover such cost
                and expenses and thereupon shall have a lien
                against the property having the priority
                provided in paragraph e for any such sums so
                advanced with interest thereon.

          2.    Nothing herein contained shall be deemed to
                relieve the owner of any civil or criminal
                liability incurred or any duty imposed by this
                chapter by reason of acts or omissions of the
                owner prior to the appointment of any receiver
                hereunder, nor shall anything contained herein
                be construed to suspend during the receivership
                any obligation of the owner for the payment of
                taxes or other operating and maintenance
                expenses of the dwelling nor of the owner or any
                other person for the payment of mortgages or
                liens.

          3.    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 subdivision nine of this section.
                The receiver shall be liable only in his
                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;
                he shall not have any liability in his personal
                capacity. The personnel and facilities of the
                bureau or department of real estate and the
                corporation counsel shall be availed of by the
                receiver for the purpose of carrying out his
                duties as such receiver and the cost of such
                services shall be deemed a necessary expense of
                the receiver.

          4.    The receiver shall be discharged upon rendering
                a full and complete accounting to the court when
                such condition has been removed and the cost
                thereof and all other costs authorized by this
                paragraph have been paid or reimbursed from the
                rents and income of the dwelling and the surplus
                money, if any, has been paid over to the owner
                or the mortgagee or lienor as the court may
                direct. However, at any time, the receiver may
                be discharged upon filing his account as
                receiver without affecting the right of the
                department of real estate to its lien. Upon the
                removal of such condition, the owner, the
                mortgagee or any lienor may apply for the
                discharge of the receiver upon payment to the
                receiver of all moneys expended by the receiver
                for removal of such condition and all other
                costs authorized by this paragraph which have
                not been paid or reimbursed from the rents and
                income of the dwelling.

          5.    Anything herein contained to the contrary
                notwithstanding, a temporary receiver appointed
                on the return of an order to show cause served
                only in accordance with subparagraph two of
                paragraph c of this subdivision shall not,
                without express order of the court, make any
                repairs or improvements to the property or incur
                any expenses in the operation thereof during the
                period of his temporary appointment except such
                as may be necessary to remedy or remove the
                immediate condition which called for his
                appointment and to the ordinary operation and
                maintenance of the property. For such specific
                purpose the receiver shall be entitled to let
                such contracts and undertake such expenses as
                may be necessary to accomplish the specific
                results without advertisements and without
                procuring competitive bids.

     e.   Any lien of a receiver, in favor of the department of
          real estate, arising under this section shall have
          priority over all other mortgages, liens and
          encumbrances of record except taxes and assessments
          levied pursuant to law.

     f.   Failure to serve a copy of the order and notice
          required in the manner specified by paragraph e of
          subdivision one and paragraph a of this subdivision, or
          failure to serve any mortgagee or lienor with a copy of
          the order to show cause as required by subparagraph one
          of paragraph c of this subdivision shall not affect the
          validity of the proceeding or the appointment of a
          receiver, but the rights of the department of real
          estate or of the receiver shall not in such event be
          superior in any way to the rights of any mortgagee or
          lienor who shall not have been served as provided
          herein.

     g.   Any mortgagee or lienor who at his expense remedies or
          removes the nuisance to the satisfaction of the court
          pursuant to the provisions of subparagraph three of
          paragraph c of this subdivision shall have and be
          entitled to enforce a lien equivalent to the lien
          granted to the receiver in favor of the department of
          real estate hereunder. Any mortgagee or lienor who,
          following the appointment of a receiver by the court,
          shall reimburse the receiver and the department of real
          estate for all costs and charges as hereinabove
          provided shall be entitled to an assignment of the lien
          granted to the receiver in favor of the department of
          real estate.

6.   When the department shall have executed any order so far as
     it may require, the department shall file among its records
     such order and an affidavit stating with fairness and
     accuracy in general terms the items of expense and the date
     of execution of such order. When it shall appear that such
     execution, or the expenses thereof, related to several
     premises belonging to different persons, such affidavit
     shall state what part belongs to or arose in respect to each
     of the premises as the department may direct. The department
     may revise the correctness of such apportionment of expenses
     as truth and justice may require.

7.   a.   Whenever the department shall sue for the expenses
          involved in the execution of any order, it may join in
          the same suit any claim for any penalty for the
          violation of any provisions of this chapter. Joint or
          several judgments may be had against one or more of the
          defendants in the suit, as they or any of them may be
          liable in respect of all or any of such claims. The
          expenses of executing such an order, and any judgment
          in any abatement suit provided for in this chapter, and
          the several judgments that may be recovered for any
          such penalties and expenses, until the same are paid or
          discharged shall be a lien like other judgments, and
          also a lien and charge upon rent and compensation due
          or then maturing from any tenant or occupant of the
          dwelling and premises or parts thereof to which any
          such order or judgment relates, or in respect of which
          any such expenses were incurred.

     b.   The department may serve a copy of an order or a
          transcript of a judgment and any affidavit showing the
          expense of execution upon any person who owes or is
          about to owe any rent or compensation for the occupancy
          of any premises to which such order or judgment
          relates, and in respect of which such expenses were
          incurred. The department may, at any time after such
          service, demand in writing that such rent or
          compensation to the extent of such claim shall, when
          such rent or compensation becomes due and payable, be
          paid to the department and such person shall thereupon
          become obligated to pay the same. A receipt shall be
          given for each such payment stating on account of what
          order or judgment and expenses it has been received.
          The amount so received shall be deposited wherever
          other funds of the department are kept. If a special
          fund has been created and maintained, as provided in
          section three hundred four, such payments shall be
          deposited to the credit of such fund.

     c.   Any person refusing or omitting to make such a payment
          after such service and demand may be sued therefor by
          the department. Such person shall not in such suit
          dispute the authority of the department to incur or
          order such expenses or the validity or correctness of
          such expenses or judgment in any particular, or the
          right of the department to have the same paid from such
          rent or compensation. The receipt of the department for
          any sum so paid shall, in all suits and proceedings and
          for every purpose, be as effectual in favor of any
          person holding the same as actual payment of the amount
          thereof to the owner or other person or persons who
          would, but for the provisions of this section and of
          such demand, have been entitled to receive the sum so
          paid. No tenant or occupant of any premises shall be
          dispossessed or disturbed, nor shall any lease or
          contract or rights be forfeited or impaired, nor any
          forfeiture or liability be incurred, by reason of any
          omission to pay to any owner, contractor or other
          person any sum so paid to the department.

8.   The department shall retain any money so paid until twelve
     days after it has received evidence by satisfactory
     affidavit that the party or parties, or his or their agent,
     who but for the provisions hereof would have been entitled
     to receive the same, has had written notice of such payment
     being made, which notice shall be served in the manner
     provided by this chapter for the service of an order. If at
     the end of such twelve days the party or parties so notified
     have not instituted suit to recover such money the
     department shall pay it to the fiscal officer of the city.
     If a special fund has been created and maintained as
     provided in section three hundred four, the fiscal officer
     shall deposit such money to the credit of such fund.

9.   The expenses incurred by the receiver in removing or
     remedying a condition pursuant to the provisions of this
     section shall be met from a fund to be known as the multiple
     dwelling section three hundred nine operating fund. Such
     fund shall consist of such amounts as may be appropriated by
     the board of estimate or other analogous appropriating body
     of the city. Such fund shall be maintained in a separate
     account by the department of real estate and expenditures
     therefrom may be made by the receiver to meet the costs of
     removing or remedying such conditions, subject to audit by
     the comptroller or chief fiscal officer of the city. The
     receiver shall repay the amounts so expended to such fund
     from the proceeds of any amounts recovered pursuant to the
     provisions of this section. In the event that the amount in
     such fund is insufficient for such purposes and if no
     appropriation or an insufficient appropriation has been made
     therefor, the expenses incurred by the receiver in removing
     or remedying such conditions may be met from the proceeds of
     the sale of bonds issued in accordance with the provisions
     of the local finance law.

     In the event that the amounts from time to time in such fund
     exceed two hundred thousand dollars ($200,000), such excess
     may be applied to the payment of the principal and interest
     due upon any bonds issued pursuant to this subdivision, or,
     if no such bonds are outstanding, any such excess may be
     transferred to the general fund of the city.

10.  Reference in this section to a bureau or department of real
     estate or to a commissioner or chief executive of a bureau
     or department of real estate of a municipality, when used in
     connection with or affecting either a receiver or a multiple
     dwelling in the city of New York, shall be construed to mean
     the department or commissioner of housing preservation and
     development or the department or commissioner of buildings,
     or both such departments or commissioners, as the case may
     be, of the city of New York.

11.  a.   Notwithstanding any other provision of law, where
          a repair has been made by the department pursuant to
          this section, or any other law, to abate a hazardous
          condition or correct any violation of this chapter, or
          any other state or local law, which arises from the
          existence of lead based paint, the department may, in
          whole or in part, waive its right to a lien on the
          affected premises and repayment of such expenses and
          disbursements as were necessary to abate such hazardous
          conditions or correct such violation of law. The
          department shall promulgate rules setting forth the
          standards for such waivers.

     b.   Notwithstanding any other provision of law, where there
          is a hazardous condition or violation of this chapter
          or other state or local law which arises from the
          existence of lead based paint, the department may make
          grants or loans to owners for the expenses, in whole or
          in part, of abating such hazardous condition or
          correcting such violation of law. The department shall
          promulgate rules setting forth the standards for such
          grants or loans.


Sec. 309-a.    Multiple dwelling; apartment prohibitions for
               certain employees.

1.   No janitor, superintendent, manager, custodian, or the like,
     of a multiple dwelling shall be permitted to reside in an
     apartment unit in the multiple dwelling in which he is
     employed if the rental of such apartment unit to a tenant is
     prohibited by any general, special, or local law.

2.   An owner, agent or operator of a multiple dwelling may apply
     to the department for a waiver of the provisions of this
     section on the ground that there is a bona fide
     unavailability of a suitable apartment unit for occupation
     by any of the above mentioned employees. Upon a
     determination that such unavailability does exist, the
     department may grant an exemption from the application of
     the provisions of subdivision one of this section upon such
     terms and conditions as it shall deem appropriate.

3.   For the purposes of this section, the term "multiple
     dwelling" shall mean a building in which there is either
     rented, leased, let or hired out to be occupied, or is
     occupied as the residence or home of three of more families
     living independently of each other.


Sec. 310. Board of appeals.

1.   As used in this section "board" shall mean the agency of a
     city constituted as a board and authorized by law both to
     grant variances of the zoning resolution and to make rules
     supplemental to laws regulating construction, maintenance,
     use and area of buildings; provided, however, that where, in
     a city to which this chapter applies, there is no board as
     so described, then a board may be created by local law or
     ordinance to possess the powers, perform the functions and
     grant the variances as hereinafter in this section provided;
     and any board so created shall be deemed to be a "board"
     within the meaning of such term as hereinbefore in this
     subdivision described.

2.   Where the compliance with the strict letter of this chapter
     causes any practical difficulties or any unnecessary
     hardships the board shall have the power, on satisfactory
     proof at a public hearing, provided the spirit and intent of
     this chapter are maintained and public health, safety and
     welfare preserved and substantial justice done, to vary or
     modify any provision or requirement of this chapter, or of
     any rule, regulation, supplementary regulation, ruling or
     order of the department with respect to the provisions of
     this chapter, as follows:

     a.   For multiple dwellings and buildings existing on July
          first, nineteen hundred forty-eight, in cities with a
          population of one million or more, and for multiple
          dwellings and buildings existing on November first,
          nineteen hundred forty-nine, in cities with a
          population of five hundred thousand or more but less
          than one million, provisions relating to:

          (1)  Height and bulk;

          (2)  Required open spaces;

          (3)  Minimum dimensions of yards or courts;

          (4)  Means of egress;

          (5)  Basements and cellars in tenements and converted
               dwellings.

          The population restrictions contained in this paragraph
          shall not apply to any multiple dwelling otherwise
          entitled to the variances herein pursuant to the
          provisions of subdivision seven of section fifty-six of
          this chapter.

     b.   For multiple dwellings and buildings erected or to be
          erected or altered after July first, nineteen hundred
          forty-eight pursuant to plans filed prior to December
          fifteenth, nineteen hundred sixty-one, provisions
          relating to:

          (1)  Required open spaces; or

          (2)  Minimum dimensions of yards or courts.

     c.   For multiple dwellings and buildings erected or to be
          erected or altered pursuant to plans filed on or after
          December fifteenth, nineteen hundred sixty-one, or
          before such date provided such plans comply with the
          provisions of paragraph d of subdivision one of section
          twenty-six, provisions relating to:

          (1)  Height and bulk;

          (2)  Required open spaces; or

          (3)  Minimum dimensions of yards and courts.

          Variations or modifications may be granted pursuant to
          Paragraphs b and c only on condition that open areas
          for light and air are provided which are at least
          equivalent in area to those required by the applicable
          provisions of this chapter and pursuant to sub-
          paragraph one of paragraph c only on the further
          conditions that there are unique physical or
          topographical features, peculiar to and inherent in the
          particular premises, including irregularity, narrowness
          or shallowness of the lot size or shape and such
          variance would be permitted under any provision
          applicable thereto of the local zoning ordinance.

     d.   In the city of Buffalo, until July first, nineteen
          hundred and sixty-four for frame multiple dwellings,
          existing on November first, nineteen hundred forty-
          nine, and for buildings on the same lot existing on
          such date or altered after such date, applicable
          provisions relating to sections nine, eleven, fifty-
          six, two hundred sixty-four and article six.

     e.   In the city of Buffalo, until July first, nineteen
          hundred and sixty-four for dwellings three stories or
          less in height converted prior to November first,
          nineteen hundred forty-nine, applicable provisions of
          section one hundred eighty-five provided that (1) where
          such dwelling is occupied by three families, all the
          provisions of article six must be complied with and the
          cellar stairs enclosed with fire retarded materials
          with a one hour fire door; (2) where such dwelling is
          occupied by more than three families and there are two
          independent means of egress accessible on each story to
          each apartment, the cellar stairs must be enclosed with
          fire retarded materials with a one hour fire door and
          there must be automatic sprinklers in the public halls
          and stairways; (3) where such dwelling is occupied by
          more than three families and there are not two
          independent means of egress accessible from each story
          to each apartment, the cellar stairs must be enclosed
          with fire retarded materials with a one hour fire door,
          there must be automatic sprinklers in the public halls
          and stairways and there must be two independent means
          of egress accessible to each apartment on the third
          story.

     f.   The variance authorized by paragraphs d or e of this
          subdivision may be granted only upon the prior approval
          of the fire, health and building departments of such
          city and certification by the heads of such departments
          that the variance sought is not against the public
          interest.

     g.   The board may, as a condition of granting the variance
          authorized by paragraphs d or e of this subdivision,
          impose such additional requirements of health and
          safety as it may deem necessary or advisable for the
          proper protection of the occupants of the dwelling.

     *h.  Notwithstanding any other provision of law, the city of
          Buffalo may grant variances regarding subdivision
          twenty-five of section four and subdivision five of
          section one hundred one of this chapter only where such
          variances comply with the minimum standards set forth
          in the New York state building construction code which
          is applicable to multiple dwellings, and have been
          approved by the state division of housing and community
          renewal.

          * NB Expires 84/01/01

3.   An application for such a variance or modification may be
     made by any person aggrieved or by the head of any public
     agency, within such time and under such procedure,
     conditions and rules as may be prescribed by the board. The
     board shall fix a reasonable time for the hearing of an
     application and shall require that due notice be given of
     the time and place of such hearing to the applicant and to
     the department. Any person or a duly authorized
     representative of any public agency may appear at any such
     hearing and be heard on any such application.

4.   In every case the board shall state the reason or reasons
     for its decision. All decisions of the board shall be
     subject to review in the same manner as is provided by law
     for review of decisions of such board respecting variances
     of the zoning resolution.

5.   A record of all decisions of the board, indexed according to
     the section or sections of this chapter affected thereby,
     shall be kept in the office of the board. Such record shall
     be open to public inspection at all times during business
     hours.

6.   The board shall have power to charge and collect reasonable
     fees and to make rules governing such charges. All moneys so
     collected shall be deposited in the general fund of the
     city.


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