Section 27-2135. Powers and duties of receiver  


Latest version.
  • a. A receiver appointed
      pursuant to this article 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.  Such  receiver shall not be required to file any
      bond.
        b. The receiver shall with all reasonable speed remove  violations  in
      the  dwelling  and  its  premises,  including  those constituting a fire
      hazard or a threat to life, health or safety. He or  she  may  also,  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 or she shall have the power to
      let  contracts  or  incur  expenses  therefor  in  accordance  with  the
      provisions  of  law applicable to contracts for public works except that
      advertisement  shall  not  be   required   for   each   such   contract.
      Notwithstanding  any provision of law, 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.
        c.  The  receiver shall collect the accrued and accruing rents, issues
      and profits of the dwelling and apply  the  same  to  the  cost  of  the
      repairs  and improvements authorized in subdivision (b) of this section,
      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  or  her  office  as
      receiver,  the  repayment  of all moneys advanced to the receiver by the
      department of housing preservation and development 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  the  repairs  and improvements or the expenses reasonably
      necessary to the proper operation and management  of  the  property  and
      other  necessary  expenses  of  the  receiver, the department of housing
      preservation and development shall advance  to  the  receiver  any  sums
      required  to cover such cost and expense and thereupon shall have a lien
      against the property having the priority provided in  article  eight  of
      this subchapter for any such sums so advanced with interest thereon.
        d.  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
      section 27-2111 of article one of this subchapter. The receiver shall be
      liable only in his or her 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; such receiver shall not have any liability
      in his or her personal capacity. The personnel  and  facilities  of  the
      department  of  housing preservation and development and the corporation
      counsel shall be availed of by the receiver for the purpose of  carrying
      out  his or her duties as receiver, and the costs of such services shall
      be deemed a necessary expense of the receiver.