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a. The expenditures made by the receiver pursuant to section 27-2135 of this article shall, to the extent that they are not recovered from the rents and income of the property collected by the receiver, constitute a debt of the owner and a lien upon the building and lot, and upon the rents and income thereof. Except as otherwise provided in this section, the provisions of article eight of this subchapter shall govern the effect and enforcement of such debt and lien; references therein to the department shall, for purposes of this article be deemed to refer to the receiver and, after such receiver's discharge, the department of housing preservation and development.
b. Failure to serve a copy of the order and notice required in the manner specified by section 27-2131 of this article, or failure to serve any mortgagee or lienor with a copy of the order to show cause as required by subdivision c of section 27-2132 of this article, shall not affect the validity of the proceeding or the appointment of a receiver, but the rights of the department of housing preservation and development or of the receiver shall not in such event be superior to the rights of any mortgagee or lienor who has not been served as provided therein.
c. Any mortgagee or lienor who at his or her expense remedies or removes the conditions to the satisfaction of the court pursuant to the provisions of subdivision c of section 27-2134 of this article shall have and be entitled to enforce a lien equivalent to the lien granted to the receiver in favor of the department of housing preservation and development hereunder. Any mortgagee or lienor who, following the appointment of a receiver by the court, shall reimburse the receiver and the department of housing preservation and development for all costs and charges as hereinabove provided shall be entitled to an assignment of the lien granted to the receiver in favor of the department of housing preservation and development.
Nothing herein contained shall be deemed to relieve the owner of any civil or criminal liability incurred or any duty imposed by law by reason of acts or omissions of the owner prior to the appointment of a receiver, nor shall anything contained herein be construed to suspend during the receivership any obligation of the owner for the payment of taxes or other operating and maintenance expenses of the dwelling nor of the owner or any other person for the payment of mortgages or liens.
Article 7: Vacate Orders
a. Any dwelling or part thereof, which, because of a structural or fire safety hazard, defects in plumbing, sewage, drainage, or cleanliness, or any other violation of this code or any other applicable law, constitutes a danger to the life, health, or safety of its occupants, shall be deemed to be unfit for human habitation.
b. The department may order or cause any dwelling or part thereof which is unfit for human habitation to be vacated.
a. An order issued pursuant to subdivision b of section 27-2139 of this article shall set forth the conditions which render the dwelling or part thereof unfit for human habitation.
b. The order shall require all persons occupying the dwelling or part affected to vacate it within a period of time, not less than twenty-four hours nor more than ten days, to be stated in the order.
c. 1. The order shall require that the owner correct the conditions which render the dwelling or part thereof unfit for human habitation within a period of time, not to exceed ten days, to be stated in the order.
2. If the department has not revoked or extended the order pursuant to subdivision b of section 27-2142 of this article, where such dwelling is a class B multiple dwelling or a class A multiple dwelling used for single room occupancy pursuant to section two hundred forty-eight of the multiple dwelling law, the owner of such dwelling shall be subject to a civil penalty of five thousand dollars for each dwelling unit which is included in said order. The fine shall be recoverable by the department by civil action in a court of appropriate jurisdiction. Such action must be commenced or notice of pendency filed within one year of the effective date of the vacate order.
d. If a vacate order is not complied with within the time specified, the department may cause the dwelling or part thereof affected to be vacated.
e. The filing of a vacate order in the office of the county clerk in the same manner as a notice of pendency shall be notice to any subsequent purchaser, mortgagee or lienor that any lien resulting from such vacate order shall be enforceable against and superior to the rights of such purchaser, mortgagee or lienor.
f. When the department obtains a determination in an action under this article against an owner, judgment may be entered against the premises which shall constitute a lien when a transcript of such judgment is filed in the office of the county clerk in the manner prescribed for the filing of mechanic's liens and may be enforced against the premises as such, except that such lien shall have a duration of ten years.
a. The vacate order shall be served upon the owner by mailing a copy to the person last registered with the department as owner or agent by certified mail, return receipt requested. The affidavit of an employee or agent of the department, stating facts which show that the vacate order was duly addressed and mailed, shall be presumptive evidence that such vacate order was duly served.
b. The vacate order shall be served upon the occupants of the dwelling by affixing a copy prominently on the dwelling which is the subject of the vacate order.
c. An additional copy of the vacate order shall be posted on the entrance door of the dwelling which is the subject of such order, and shall not be removed until such order is revoked by the department pursuant to section 27-2142 of this code.
(Am. L.L. 2017/014, 2/15/2017, eff. 8/14/2017)
a. No person shall occupy, or cause or permit to be occupied, any dwelling or part thereof while such dwelling or part is subject to a vacate order. Notwithstanding any other provision of law, an owner or managing agent or other representative of such owner who violates this subdivision by permitting or allowing re-occupancy of a premises that is subject to a vacate order shall be subject to a civil penalty of not less than five thousand dollars for each reoccupied dwelling unit in such premises.
b. If the department finds that the conditions rendering a building or part unfit for human habitation have been corrected, it may revoke a vacate order. If the department finds that the unlawful conditions are being corrected and that continued occupancy may be permitted consistent with health and safety, it may extend the time period for compliance fixed in the order.
c. The department may by regulations set forth standards and provide for hearings to determine when such vacate order should be revoked or extended.
d. The department may require as a condition for revocation of a vacate order, that the owner make reasonable effort to notify any tenants who may have vacated the dwelling pursuant to such order that said tenant has a right to re-occupy the dwelling.
(Am. L.L. 2017/014, 2/15/2017, eff. 8/14/2017)
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