New York Temporary Receiver.
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§ 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.