Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 26. HOUSING AND BUILDINGS |
Chapter 2. RELOCATION SERVICES |
Section 26-305. Expenses of relocation pursuant to vacate order
Latest version.
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1. Whenever the department of housing preservation and development has incurred expenses in providing relocation services for tenants pursuant to subparagraph (v) of paragraph (a) of subdivision one of section 26-301 of this chapter, the department shall be entitled to reimbursement of such expenses from the owner of the building from which such tenants were relocated, if the conditions giving rise to the need for such relocation arose as a result of the negligent or intentional acts of such owner, or as a result of his or her failure to maintain such dwelling in accordance with the standards prescribed by the housing or health code governing such dwelling. "Owner" for purposes of this section shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, a 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. 2. The expenses incurred for which payment to the department is due under the provisions of this section shall include but not be limited to departmental costs, bonuses, moving expenses or other reasonable allowances given to induce tenants to relocate voluntarily. 3. The department may bring an action against the owner for the recovery of such expenses. The institution of such action shall not suspend or bar the right to pursue any other remedy provided by this section or any other law for the recovery of such expenses. 4. To the extent that such expenses are not recovered by the department, they shall, except as herein provided, constitute a lien or liens upon such building and the lot upon which it stands, governed by the provisions of law regulating mechanics' liens. (a) No such lien shall be valid for any purpose until the department shall file a notice of lien containing the same particulars as are required to be stated with reference to mechanics' liens, with the further statement that the expenses had been incurred for relocation services provided pursuant to subparagraph (v) of paragraph (a) of subdivision one of section 26-301 of this chapter together with a statement of such expenses. The department may file one or more such liens for relocation expenses incurred with respect to any building within one year of incurring any such expenses. In computing such one year period, the latest date on which any expense in relation to which such notice was filed has been incurred shall be deemed the date on which all of the expenses stated in such notice were incurred. (b) Such lien or liens shall continue for a period of ten years from the time of filing of notice thereof, unless proceedings are in the meantime taken to enforce or discharge such lien or liens, which proceedings may be taken at any time during the continuance of such lien or liens or unless an order is granted within ten years from the time of the filing of any such lien or liens by a court of record or a judge or justice thereof continuing such lien or liens, in which case such lien or liens shall be redocketed as of the date of granting such order and a statement made continuing such lien or liens by virtue of such order. No lien shall be continued by such order for more than ten years from the granting thereof, but a new order and entry may be made in each successive ten-year period. Any judgment in a proceeding to enforce or discharge such lien shall constitute a lien in the same manner and from the same date as the original lien. The initiation of any such proceedings shall not suspend or bar the right to pursue any other remedy provided by this section or any other law for the recovery of such expenses. (c) Notwithstanding anything to the contrary in paragraph b of this subdivision, a lien which already exists and is currently docketed on the effective date of the local law that added this paragraph shall be deemed continued for a period of ten years commencing from the date of the last renewal or docketing of said lien, whichever is later.