Section 27-2116. Enforcement of civil penalty; powers of housing part of the civil court, collection of judgment  


Latest version.
  • (a) The  department  may  bring  an  action  in  the  housing  part  of the New York city civil court for the
      recovery of civil penalties,  together  with  costs  and  disbursements.
      Leave of court, obtained by motion to the housing part thereof, shall be
      required  for  disclosure  or  for  a  bill of particulars, except for a
      notice under section three thousand  one  hundred  twenty-three  of  the
      civil practice law and rules, which shall be granted only upon a showing
      that  such  disclosure  or  bill  of  particulars  is  necessary  to the
      prosecution or defense of the action. If it is so noted on the  summons,
      any  motion  for  disclosure  or  a  bill of particulars must be made in
      writing and on notice and must be filed with the  clerk  with  proof  of
      service no later than thirty days after joinder of issue.
        (b)  The  owner  shall  be  responsible  for  the  correction  of  all
      violations, but in an action for  civil  penalties  may  in  defense  or
      mitigation of such owner's liability for civil penalties show:
        (1)  That  the  violation or violations were corrected within the time
      specified in the notice of violation and the certificate  of  compliance
      was duly filed; or
        (2)  That  the  violation  did  not  exist  at  the time the notice of
      violation was served; or in  mitigation  or  remission  of  his  or  her
      liability for civil penalties show:
        (i)  That  he  or  she  began  to  correct the violation promptly upon
      receipt of the notice of violation, but that its full  correction  could
      not   be  completed  within  the  time  provided  because  of  technical
      difficulties, inability to obtain necessary materials, funds  or  labor,
      or  inability  to gain access to the dwelling unit wherein the violation
      occurs, or such other portion of the building as might be  necessary  to
      make the repair; or
        (ii) That he or she was unable to obtain a permit or license necessary
      to  correct the violation, provided that diligent and prompt application
      was made therefor; or
        (iii) That the violation giving rise to the action was caused  by  the
      act  or  negligence,  neglect  or  abuse of another not in the employ or
      subject to the direction of the defendant.
        Where the aforesaid allegations are  made  by  way  of  mitigation  of
      penalties, the owner shall show, by competent proof, pertinent financial
      data,  and efforts made to obtain necessary materials, funds or labor or
      to gain access, or to obtain a permit or license and such other evidence
      as the court may require.
        If the court finds that sufficient mitigating circumstances exist,  it
      may  remit  all or part of any penalties arising from the violation, but
      may condition such remission upon a correction of the violation within a
      time period fixed by the court.
        (c) A defendant in an action for civil penalties who  asserts  that  a
      violation was caused by the act, negligence, neglect or abuse of a third
      party  who  has  commenced  an  action  against such third party and may
      request the court to permit consolidation of defendant's action for  the
      reasonable  cost  of  such  correction against such third party with the
      pending action for penalties, or if no  other  action  is  then  pending
      against  such third party, defendant may make application to implead the
      party alleged to have caused the act, negligence, neglect or abuse. Upon
      a finding that the violation in issue was caused by such third party,  a
      judgment  shall  be  entered  against  such  third party in favor of the
      defendant for the reasonable cost of such correction.
        (d) When the department obtains a determination  in  an  action  under
      this  article  against  an  owner,  judgment  may be entered against the
      premises which shall  constitute  a  lien  when  a  transcript  of  such
    
      judgment  is  filed  in  the  office  of  the county clerk in the manner
      prescribed for the filing of judgments and may be enforced  against  the
      premises,  and, if such judgment remains unsatisfied for ninety days, as
      a  levy  upon the rents, pursuant to section 27-2148 of article eight of
      this subchapter.