Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 27. CONSTRUCTION AND MAINTENANCE |
Chapter 2. HOUSING MAINTENANCE CODE |
Subchapter 5. LEGAL REMEDIES AND ENFORCEMENT |
Article 8. RECOVERY OF EXPENSES |
Section 27-2147. Levy on rents
Latest version.
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a. The department may serve upon any person liable for rent or other compensation for the occupancy of premises subject to this article a notice containing: (1) a statement of the contents of the certificate filed pursuant to section 27-2145 of this article, or of a judgment in an action under section 27-2116 of article two of this subchapter or section 27-2143 of this article or in an action to enforce a lien under this article; (2) a statement of the amount remaining due under such certificate or judgment; and (3) a demand that rent thereafter be paid to the department as it comes due. Service of the notice shall be made by personal delivery of a copy thereof, or by certified mail. b. Upon receipt of such notice, the person to whom it is directed shall pay any rent due, and future rent as it comes due, to the department in the manner set forth in the demand. The department may, upon failure to pay, sue for rent due. In such suit, the validity of proceedings prior to the issuance of the notice under subdivision a of this section shall not be subject to question. c. The department shall issue a receipt for each sum paid under this section. Such payment and receipt shall for all purposes have the same legal effect as payment to or a receipt from the owner or other person authorized to collect rent. No person shall be subject to any proceedings for the recovery of possession or other relief, or any penalty or forfeiture, arising out of his or her failure to pay to any person any sum paid to the department under this section. d. The department shall, at the time of service of any notice under subdivision a, give the owner and agent notice by certified mail at their last registered address, or other address, if known, of such action. Unless within twelve days of such notice suit has been instituted by or on behalf of the owner to restrain such action or recover from the department any sums collected, the action of the department shall not be subject to challenge. e. Upon collection of the total sum owing to the department, it shall forthwith serve, upon each person served with a demand under subdivision a of this section, a notice cancelling such demand.