§ 27-2129.1 Report on certain elevators referred to the department.

In December 2016 and in each December thereafter, the department shall submit to the mayor and the speaker of the council, and make publicly available online, a report on the multiple dwellings that were referred to the department during such fiscal year pursuant to section 28-219.4 of the administrative code, containing, at a minimum:

   (i)   the number of multiple dwellings for which the department of buildings issued immediately hazardous elevator-related violations;

   (ii)   the number of multiple dwellings for which the department of buildings issued immediately hazardous elevator-related violations that were corrected before referral to the department was required pursuant to section 28-219.4 of this code;

   (iii)   the number of multiple dwellings with immediately hazardous elevator-related violations issued by the department of buildings that were referred to the department pursuant to section 28-219.4;

   (iv)   the number of such referrals that included information indicating that a dwelling unit serviced by such elevator was not served by another operable elevator;

   (v)   the number of multiple dwellings with immediately hazardous elevator-related violations that were corrected by the owner of the multiple dwelling subsequent to such referral and the average number of days between such referral and such correction;

   (vi)   the number of multiple dwellings with immediately hazardous elevator-related violations that the department determined were dangerous to human life and safety or detrimental to health;

   (vii)   the number of multiple dwellings with immediately hazardous elevator-related violations that the department ordered corrected; and

   (viii)   the number of multiple dwellings with immediately hazardous elevator-related violations that were corrected by the department and the cost of such corrections.

(L.L. 2015/101, 11/4/2015, eff. 7/1/2016)

Article 6: Receivership

§ 27-2130 Grounds for appointment of receiver.

Whenever the department certifies that any condition in violation of this chapter or other applicable law in any multiple dwelling or any part of its premises constitutes a serious fire hazard or is a serious threat to life, health or safety, it may, upon failure of the owner to comply with an order to correct such conditions issued pursuant to section 27-2125 of article five of this subchapter, apply for the appointment of a receiver to repair and correct the violations.

§ 27-2131 Notice to owner, mortgagees and lienors.

   a.   If the department intends to seek the appointment of a receiver to remove or remedy a condition described in the preceding section, it shall serve upon the owner, along with the order pursuant to section 27-2125 of article five of this subchapter, a notice stating that in the event the violations covered by the order are not removed or remedied in the manner and within the time specified therein, the department may apply for the appointment of a receiver of the rents, issues and profits of the property with rights superior to those of the owner and any mortgagee or lienor.

   b.   Within five days after service of the order and notice upon the owner, the department shall serve a copy of the order and notice upon every mortgagee and lienor of record, personally or by registered or certified mail, at the address set forth in the recorded mortgage or lien. If no address appears therein, a copy shall be sent by registered mail to the person at whose request the instrument was recorded.

   c.   The department shall file a copy of the notice and order in the office of the county clerk in which mechanics liens affecting the property would be filed.

§ 27-2132 Order to show cause.

   a.   The department, upon failure of the owner to comply with an order 27-2131 of this article within the time provided therein, may thereafter apply to a court of competent jurisdiction in the county where the property is situated for an order directing the owner and any mortgagees or lienors of record to show cause why the commissioner of housing preservation and development should not be appointed receiver of the rents, issues and profits of the property and why the receiver should not remove or remedy such condition and obtain a lien in favor of the department of housing preservation and development against the property having the priority provided in article eight of this subchapter to secure repayment of the costs incurred by the receiver in removing such conditions. Such application shall contain (a) proof by affidavit that an order of the department has been issued, served on the owner, mortgagees and lienors, and filed, in accordance with section 27-2131 of this article; (b) a statement that a serious fire hazard or a serious threat to life, health, or safety continued to exist in said dwelling after the time fixed in the department order for correction of the condition, and a description of the dwelling and conditions involved; (c) a brief description of the nature of the work required to remove or remedy the condition and an estimate as to the cost thereof.

   b.   The order to show cause shall be returnable not less than five days after service is completed.

   c.   A copy of the order to show cause, and the papers on which it is based, shall be served on the owner, mortgagees of record, and lienors. If any such persons cannot with due diligence be served personally within the city within the time fixed in the order, then service may be made by posting a copy of the order in a conspicuous place on the premises, and by sending a copy thereof by registered mail to the owner at the last address, if any, registered by such owner with the department, or to his or her last address, if any, known to the department, or, in the case of a mortgagee or lienor, to the address set forth in the recorded mortgage or lien, and by publication in a newspaper of general circulation in the county where such premises are located. Service shall be deemed complete on filing proof thereof in the office of the clerk of the court in which application for such order is made.

§ 27-2133 Temporary appointment of receiver.

   a.   If the condition of the premises is such that unless immediately cured irreparable damage may be caused to the building or it constitutes an imminent danger to its occupants or the occupants of adjoining properties, then the order to show cause may be returnable in the discretion of the court in less than five days, and in such case, service may be made by posting a copy of the order in a conspicuous place on the premises and by mailing a copy to the owner at the address registered with the department and to the mortgagees and lienors at their respective addresses. But any appointment of a receiver without service pursuant to subdivision c of section 27-2132 of this article shall be temporary only and expire not more than thirty days thereafter unless, prior to the expiration of the thirty days, the department shall serve notice on the owner, mortgagee and lienors in the manner provided for in subdivision c of section 27-2132 of this article of intention to apply to the court at a date fixed in such notice and not less than five days after the service of such notice, for an extension of the receivership. Upon such service the period of the appointment of the temporary receiver shall be automatically extended for a further period of fifteen days. The notice shall also contain, in addition to the order to show cause and the papers on which it is based, a statement of any expenditures made or obligations incurred by the receiver during the period of his or her temporary appointment. On the date fixed in the notice, the court shall determine whether or not to extend the period of receivership. Such determination shall be made as if the application were an original one for the appointment of a receiver.

   b.   A temporary receiver shall have the powers and duties provided in section 27-2135 of this article, except that he or she shall not, without express order of the court, make any repairs or improvements to the property or incur any expenses in the operation thereof during the period of his or her temporary appointment except such as may be necessary (1) to remedy or remove the immediate condition or conditions which called for his or her appointment, and (2) to the ordinary operation and maintenance of the property. For such specific purpose the receiver shall be entitled to let such contracts and undertake such expenses as may be necessary to accomplish the specific results without advertisements and without procuring competitive bids.

§ 27-2134 Proceedings on return of order to show cause.

   a.   On the return of the order to show cause, determination thereof shall have precedence over every other business of the court unless the court shall find that some other pending proceeding, having a similar statutory preference, has priority.

   b.   If the court finds that the facts stated in the application warrant the granting thereof, then it shall appoint the commissioner of housing preservation and development receiver of the rents, issues and profits of the property.

   c.   Notwithstanding subdivision b of this section, if, after determination of the issue, the owner, or any mortgagee or lienor or other person having an interest in the property, shall apply to the court to be permitted to remove or remedy the conditions set forth in the department's application and shall (1) demonstrate the ability promptly to undertake the work required; and (2) post security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, then the court may in lieu of appointing a receiver issue an order permitting such person to perform the work within a time fixed by the court. If at the time fixed in the order the work has not been satisfactorily done, the court shall appoint such receiver. If after the granting of an order permitting a person to perform the work but before the time fixed by the court for the completion thereof it shall appear to the department that the person permitted to do the same is not proceeding with due diligence, then the department may apply to the court, on notice to those persons who have appeared in the proceeding, for a hearing to determine whether a receiver shall be appointed immediately. On the failure of any person to complete the work in accordance with the provisions of an order under this subdivision, the department, or any receiver thereafter appointed shall be reimbursed for costs incurred by him or her in removing or remedying the condition and other charges herein provided for out of the security posted by such person.