2006 New York Code - Actions Involving Real Property.



 
  §  203.  Actions  involving  real  property.  (a)  The  court shall have
  jurisdiction of the following actions provided that  the  real  property
  involved  is  located in whole or in part within a district of the court
  in the county:
    (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  located in whole or in part
  within a district of the court 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 located in whole or in part within a district of the  court
  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 located in whole or in part within a district of the court 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 located in
  whole or in part within a district of the court 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 at the discretion of the court. Upon the signing of such order, the
  clerk of the district court shall issue an index number.

(b) On the application of any department of any political subdivision of the state located in whole or in part within a district of the court, any party, or on its own motion, the district 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 located in whole or in part within a district of the court, 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 located within a district of the court or the district court, on its own motion, may join any other person or department of any political subdivision of the state located within a district of the court as a party in order to effectuate proper housing maintenance standards and to promote the public interest.

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