Section 26-305. Expenses of relocation pursuant to vacate order


Latest version.
  • 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.