Section 27-2148. Appointment of receiver


Latest version.
  • a. Whenever the sum of any lien or
      liens established by this chapter, plus any lien  or  liens  established
      pursuant  to  any  other  section  of  the  administrative  code for the
      expenses of repairs  made  by  the  department,  shall  amount  to  five
      thousand  dollars  or more, the department may issue an order appointing
      the  commissioner  of  the  department  of  housing   preservation   and
      development  receiver  of  the  rent  and  profits of the premises. Such
      receiver may be  appointed  upon  thirty  days'  notice  to  the  owner,
      mortgagees  and  lienors  of  record of such premises. Such notice shall
      contain the amounts of such lien or liens and give the owner, mortgagees
      and lienors of record an opportunity to either pay the outstanding liens
      or to contract in writing with the department on terms  satisfactory  to
      the  department  for  such payment. Any mortgagee or lienor who pays the
      department shall be assigned the department's lien.
        b. A receiver appointed pursuant to this section shall have all of the
      powers and duties of a receiver appointed in an action  to  foreclose  a
      mortgage  on  real property. Such receiver shall not be required to file
      any bond.
        c. 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.
        d. Such receivership shall continue until the amount of such liens and
      the  commissions  have  been  fully  paid.  Upon the termination of such
      receivership, an accounting shall be given to the  owner  together  with
      any  moneys  collected  in  excess  of  the  lien and commission and the
      department shall, within twenty-one days, file a satisfaction of any and
      all liens filed by the department against such premises.