2013 New York Consolidated Laws
PBH - Public Health
Article 13 - NUISANCES AND SANITATION
Title 10 - (1370 - 1376-A) CONTROL OF LEAD POISONING
1374 - Receivership.

 
    §  1374.  Receivership.   1. In the event of failure to comply with an
  order issued pursuant to this title and containing  provision  for  such
  application,  the  officer  issuing  the  order  may apply to a court of
  competent jurisdiction in the county wherein the dwelling is located for
  an order appointing such officer or his designee receiver of  the  rents
  of  such dwelling for the purpose of effectuating the provisions of such
  order.
    2. An application for appointment of a receiver hereunder shall be  on
  at  least ten days' notice to the owner of the dwelling, effected in the
  same manner as  in  an  action  to  foreclose  a  mortgage.  A  receiver
  appointed  hereunder  shall  not have any right superior to those of any
  mortgagee or lienor of record who has not had at least ten days' notice,
  by personal service or registered or certified mail, of the  application
  for appointment of a receiver.
    3.  A receiver appointed hereunder shall have the power to collect the
  accrued and  accruing  rents  of  the  dwelling  and  shall  apply  such
  collected  rents  to  costs and expenses incurred in connection with (a)
  removing, replacing, repainting and covering surfaces  of  the  dwelling
  necessary  to  effectuate  the provisions of the order of abatement, (b)
  interim operation and management of the dwelling, (c) administration  of
  the receivership.
    4. As soon as practicable after completion of his duties, the receiver
  shall  render  a  full accounting to the court and, upon payment over of
  any surplus moneys to the owner  or  other  persons  as  the  court  may
  approve  or direct and upon the order of the court, he shall be relieved
  of any further  responsibility  or  liability  in  connection  with  his
  receivership.