2006 New York Code - Enforcement Of Civil Penalty; Powers Of Housing Part Of The Civil Court, Collection Of Judgment.

 
    §  27-2116 Enforcement of civil penalty; powers of housing part of the
  civil court, collection of judgment. (a) The  department  may  bring  an
  action  in  the  housing  part  of the New York city civil court for the
  recovery of civil penalties,  together  with  costs  and  disbursements.
  Leave of court, obtained by motion to the housing part thereof, shall be
  required  for  disclosure  or  for  a  bill of particulars, except for a
  notice under section three thousand  one  hundred  twenty-three  of  the
  civil practice law and rules, which shall be granted only upon a showing
  that  such  disclosure  or  bill  of  particulars  is  necessary  to the
  prosecution or defense of the action. If it is so noted on the  summons,
  any  motion  for  disclosure  or  a  bill of particulars must be made in
  writing and on notice and must be filed with the  clerk  with  proof  of
  service no later than thirty days after joinder of issue.
    (b)  The  owner  shall  be  responsible  for  the  correction  of  all
  violations, but in an action for  civil  penalties  may  in  defense  or
  mitigation of such owner's liability for civil penalties show:
    (1)  That  the  violation or violations were corrected within the time
  specified in the notice of violation and the certificate  of  compliance
  was duly filed; or
    (2)  That  the  violation  did  not  exist  at  the time the notice of
  violation was served; or in  mitigation  or  remission  of  his  or  her
  liability for civil penalties show:
    (i)  That  he  or  she  began  to  correct the violation promptly upon
  receipt of the notice of violation, but that its full  correction  could
  not   be  completed  within  the  time  provided  because  of  technical
  difficulties, inability to obtain necessary materials, funds  or  labor,
  or  inability  to gain access to the dwelling unit wherein the violation
  occurs, or such other portion of the building as might be  necessary  to
  make the repair; or
    (ii) That he or she was unable to obtain a permit or license necessary
  to  correct the violation, provided that diligent and prompt application
  was made therefor; or
    (iii) That the violation giving rise to the action was caused  by  the
  act  or  negligence,  neglect  or  abuse of another not in the employ or
  subject to the direction of the defendant.
    Where the aforesaid allegations are  made  by  way  of  mitigation  of
  penalties, the owner shall show, by competent proof, pertinent financial
  data,  and efforts made to obtain necessary materials, funds or labor or
  to gain access, or to obtain a permit or license and such other evidence
  as the court may require.
    If the court finds that sufficient mitigating circumstances exist,  it
  may  remit  all or part of any penalties arising from the violation, but
  may condition such remission upon a correction of the violation within a
  time period fixed by the court.
    (c) A defendant in an action for civil penalties who  asserts  that  a
  violation was caused by the act, negligence, neglect or abuse of a third
  party  who  has  commenced  an  action  against such third party and may
  request the court to permit consolidation of defendant's action for  the
  reasonable  cost  of  such  correction against such third party with the
  pending action for penalties, or if no  other  action  is  then  pending
  against  such third party, defendant may make application to implead the
  party alleged to have caused the act, negligence, neglect or abuse. Upon
  a finding that the violation in issue was caused by such third party,  a
  judgment  shall  be  entered  against  such  third party in favor of the
  defendant for the reasonable cost of such correction.
    (d) 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 judgments and may be enforced  against  the
  premises,  and, if such judgment remains unsatisfied for ninety days, as
  a  levy  upon the rents, pursuant to section 27-2148 of article eight of
  this subchapter.