Section 203. Actions involving real property.  


Latest version.
  •  (a)  The  court  shall  have  jurisdiction  of  the  following actions
      provided that the real property involved is located in whole or in  part
      within the city:
        (1)  An  action  for  the  establishment  of a mechanic's lien on real
      property to recover a personal judgment for the amount  due,  where  the
      lien  asserted  does  not,  at  the time the action is commenced, exceed
      $15,000.
        (2) An action brought to impose and collect  a  civil  penalty  for  a
      violation  of  state or local laws for the establishment and maintenance
      of housing standards,  including,  but  not  limited  to,  the  multiple
      dwelling  law,  the  multiple  residence  law,  and any applicable local
      housing maintenance codes, building codes and health codes.
        (3) An action to recover costs, expenses and disbursements incurred by
      any political subdivision of the state in the elimination or  correction
      of  a  nuisance or other violation of any law described in paragraph (2)
      of this subdivision, or in the removal or  demolition  of  any  building
      pursuant to such law or laws.
        (4)  An action or proceeding to establish, enforce or foreclose a lien
      upon real property and the rents therefrom, for civil penalties  or  for
      costs,  expenses and disbursements incurred by any political subdivision
      of the state in the elimination of a nuisance or other violation of  any
      law described in paragraph (2) of this subdivision, or in the removal or
      demolition of any building pursuant to such law or laws.
        (5)  Actions  or  proceedings  for  the  removal of housing violations
      recorded pursuant  to  any  law  described  in  paragraph  (2)  of  this
      subdivision,  or for the imposition of such violation or for the stay of
      any penalty thereunder.
        (6) An action  or  proceeding  for  the  issuance  of  an  injunction,
      restraining  orders  or  other  orders  for  the  enforcement of housing
      standards under any law described in paragraph (2) of this subdivision.
        (7) Special proceedings to vest title in any political subdivision  of
      the state to abandoned multiple dwellings.
        (8)  Actions  and  proceedings  under article 7-A of the real property
      actions and proceedings law, and  all  summary  proceedings  to  recover
      possession  of  residential premises to remove tenants therefrom, and to
      render judgment for rent due, including without limitation  those  cases
      in  which  a  tenant  alleges a defense under § 755 of the real property
      actions and proceedings law, relating to stay of proceedings  or  action
      for  rent  upon  failure  to  make  repairs  and § 302-a of the multiple
      dwelling law, as applicable, relating to the abatement of rent  in  case
      of certain violations of local housing codes.
        (9) Proceedings for the appointment of a receiver of rents, issues and
      profits  of buildings in order to remove or remedy a nuisance or to make
      repairs required to be made under such laws.
        The department of any political subdivision of the state charged  with
      enforcing  the  multiple  dwelling  law, multiple residence law, housing
      maintenance code, and other state  and  local  laws  applicable  to  the
      enforcement  of  proper  housing  standards  may  commence any action or
      proceeding described in paragraphs (2), (3), (4), (5), (6), and  (9)  of
      this subdivision by an order to show cause, returnable within five days,
      or  within  any  other  time  in  the  discretion of the court. Upon the
      signing of such order, the clerk of the city court shall issue an  index
      number.
        (b) On the application of a department of any political subdivision of
      the  state,  any  party,  or  on  its own motion, the city court, shall,
      unless good cause is shown to the contrary, consolidate all actions  and
      proceedings pending in such part as to any building.
    
        (c)  Regardless  of  the relief originally sought by a party the court
      may recommend or employ  any  remedy,  program,  procedure  or  sanction
      authorized  by  law  for  the  enforcement  of  housing standards, if it
      believes said remedy,  program,  procedure  or  sanction  will  be  more
      effective  to accomplish compliance or to protect and promote the public
      interest; provided in the event any such  proposed  remedy,  program  or
      procedure   entails  the  expenditure  of  monies  appropriated  by  any
      political subdivision of the state, other than for the  utilization  and
      deployment of personnel and services incidental thereto, the court shall
      give  notice  of  such  proposed  remedy,  program  or  procedure to the
      department of such  political  subdivision  that  is  charged  with  the
      enforcement  of local laws relating to housing maintenance and shall not
      employ such proposed remedy, program or procedure, as the case  may  be,
      if  such  department  shall  advise the court in writing within the time
      fixed by the court, which shall not be less than fifteen days after such
      notice has been given, of the reasons such order should not  be  issued,
      which  advice  shall  become  part  of  the record. The court may retain
      continuing jurisdiction of  any  action  or  proceeding  relating  to  a
      building until all violations of law have been removed.
        (d)  In any of the actions or proceedings specified in subdivision (a)
      of this section and on the application of any party, a department of any
      political subdivision of the state or the city court, on its own motion,
      may join any other person or department of any political subdivision  of
      the  state  as a party in order to effectuate proper housing maintenance
      standards and to promote the public interest.