2006 New York Code - Temporary Receiver.



 
    §  7-713 Temporary receiver. (a) Appointment, duration and removal. In
  any action wherein the complaint alleges  that  the  nuisance  is  being
  conducted  or  maintained in the residential portions of any building or
  structure or portion thereof which are occupied in whole or in  part  as
  the  home,  residence or sleeping place of one or more human beings, the
  court may, upon motion on notice by the plaintiff, appoint  a  temporary
  receiver  to  manage and operate the property during the pendency of the
  action in lieu of a temporary closing order.  A  temporary  receivership
  shall not continue after final judgment unless otherwise directed by the
  court.  Upon  the motion of any party, including the temporary receiver,
  or on its own initiative, the appointing court may  remove  a  temporary
  receiver at any time.
    (b)  Powers  and duties. The temporary receiver shall have such powers
  and duties as the court shall direct,  including,  but  not  limited  to
  collecting  and  holding  all  rents  due  from  all tenants, leasing or
  renting portions of the building or  structure,  making  or  authorizing
  other  persons  to  make  necessary repairs or to maintain the property,
  hiring security or other personnel necessary for  the  safe  and  proper
  operation of a dwelling, prosecuting or defending suits flowing from his
  or  her  management  of the property and retaining counsel therefor, and
  expending funds from the collected rents in furtherance of the foregoing
  powers.
    (c) Oath. A temporary receiver, before entering upon his or her duties
  shall be sworn or shall affirm faithfully and fairly  to  discharge  the
  trust  committed  to  such  receiver.  The  oath  or  affirmation may be
  administered by any person authorized to take acknowledgements of  deeds
  by  the  real  property  law. The oath or affirmation may be waived upon
  consent of all parties.
    (d) Undertaking. A temporary receiver shall give an undertaking, in an
  amount to be fixed by  the  court  making  the  appointment,  that  such
  receiver will faithfully discharge his or her duties.
    (e)  Accounts.  A  temporary  receiver  shall  keep  written  accounts
  itemizing receipts and expenditures, and  describing  the  property  and
  naming  the  depository  of  receivership  funds, which shall be open to
  inspection by any person having an apparent interest  in  the  property.
  Upon  motion  of  the  temporary  receiver  or  of  any person having an
  apparent interest in the property, the court may require the keeping  of
  particular records or direct or limit inspection or require presentation
  of   a   temporary   receiver's  accounts.  Notice  of  motion  for  the
  presentation of a temporary receiver's accounts shall be served upon the
  sureties on the temporary receiver's undertaking as well  as  upon  each
  party.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.