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CHAPTER
2
HOUSING MAINTENANCE CODE
[table of contents]
SUBCHAPTER
5
LEGAL REMEDIES AND ENFORCEMENT
ARTICLE
4
Injunctive Relief
Section
27-2120 Injunctions; Mandatory and Prohibitory
27-2121 Injunctive Relief in Other
Actions; Powers of the Court
27-2122 Preliminary Injunctions
27-2123 Court Order of Access to
Inspect Premises
27-2124 Failure to Comply with
Judicial Order
Sec. 27-2120 Injunctions;
mandatory and prohibitory
The
department may institute an action in a court of competent jurisdiction for
an order requiring the owner of property or other responsible person to abate
or correct any violation of this code, or to comply with an order or notice
of the department, or for such other relief as may be appropriate to secure
continuing compliance with this code. An action for injunctive relief hereunder
may be brought in addition to other sanctions and remedies for violations of
the code, or may be joined with any action for such other sanctions and remedies
except criminal prosecution.
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Sec. 27-2121 Injunctive
relief in other actions; powers of the court
In
any action or proceeding brought in the housing part of the New York city civil
court, the court, on motion of any party or on its own motion, may issue such
preliminary, temporary or final orders requiring the owner of property or other
responsible person to abate or correct violations of this code, or to comply
with an order or notice of the department, or to take such other steps as the
court may deem necessary to assure continuing compliance with the requirements
of this code, including direction of correction of violations of this code
by a contractor, materialman or municipal department and payment of rent or
release of funds deposited with the court in an appropriate amount to (i) such
contractor or materialman upon the proper presentation of bills for the correction
of such conditions or (ii) such municipal department.
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Sec. 27-2122 Preliminary
injunctions
Upon
application by the department pursuant to section six thousand three hundred
eleven of the civil practice law and rules supported by affidavit setting forth
the facts showing the reasons therefor, a court of competent jurisdiction,
or any judge of such court, may issue a preliminary order to correct or abate
violations of this code, or to comply with an order or notice of the department,
as the court may deem necessary to protect the health and safety of the occupants
of a building until the entry of a final judgment or order.
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Sec. 27-2123 Court
order of access to inspect premises
- A judge of any civil court of competent jurisdiction may, upon appropriate
application by the department supported by an affidavit or affirmation, issue
an order directing that access be provided to an officer or inspector of
the department to any premises or part thereof, whenever an inspection of
any premises or part thereof is required or authorized by any state or local
law or regulation or entry to such area is necessary for correction of a
condition violating such law or regulation.
- If the application is found appropriate, the court may issue an order
to show cause why the order of access should not be issued. If the respondent
cannot with due diligence be served personally within the time fixed in
such order, service may be made on such person by posting a copy thereof
in a conspicuous place in the premises to which access is sought and by
sending a copy thereof by certified mail, return receipt requested, to
such person at his or her last known address.
- The court shall set in the order of access specific dates and times for
access.
- The person, officer or inspector gaining access shall, before entry,
give notice of his or her authority and purpose to any occupant of the premises
and show such occupant the order or a copy thereof upon request.
- Notwithstanding any other provision contained in section 27-2118 of article
three of this subchapter, a person who after service of a certified copy
of the order upon such person does not provide access or refuses to allow
access to the person authorized to enter may be found guilty of contempt
of court and may be required to pay a fine of a maximum of two hundred fifty
dollars for willfully failing to provide or refusing to allow access. Service
of the order shall be as the court directs or by personal service but if
such cannot be made with due diligence within five days, service may be made
by posting a copy of the order in a conspicuous place in the premises which
is the subject of the order, and by sending a copy thereof by certified mail,
return receipt requested, to such person at his or her last known address.
Such person shall not be in contempt of court or be required to pay a fine
if he or she establishes good and sufficient reason for a failure to be present
when access was demanded.
- Nothing herein shall be deemed to authorize an officer or inspector of
the department to enter any premises or part thereof if a person to whom
an order is directed does not provide or refuses access.
- Nothing herein shall affect the validity of inspections authorized and
conducted under any other provision of law, rule or regulation without the
issuance of an inspection warrant as provided in this article.
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Sec. 27-2124 Failure
to comply with judicial order
A
person who fails to comply with an order issued pursuant to this article by
a court of competent jurisdiction or by a judge of such a court shall be punished
in accordance with section five thousand one hundred four of the civil practice
law and rules and article nineteen of the judiciary law.
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