§ 28-204.6 Enforcement of environmental control board judgments as a tax lien.
AC § 28-204.6
Notwithstanding any provision of law to the contrary, environmental control board judgments for certain building code violations shall be entered against the owner and enforced as a tax lien against the property, as provided below. An environmental control board judgment against an owner for a building code violation with respect to (i) a private dwelling, a wooden-framed single room occupancy multiple dwelling, or a dwelling with a legal occupancy of three or fewer dwelling units,(ii) a violation of section 28-210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or that contains any space classified in an occupancy group other than occupancy group R, where the total value of all such judgments against such building is $60,000 or more, or (iv) a building that contains only space classified in occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such judgments against such building is $30,000 or more, shall result in a tax lien being entered against the property named in the violation for which such judgment was rendered, as hereinafter provided. Exception: Notwithstanding any provision of law to the contrary, an environmental control board judgment shall not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered where: 1. Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of the administrative code within five years of such judgment.
2.Such property is the subject of a court order appointing an administrator pursuant to article 7-A of the New York state real property actions and proceedings law in a case brought by the department of housing preservation and development.
3.Such property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that had closed within five years before such judgment. (Am. L.L. 2017/094, 5/30/2017, eff. 9/27/2017; Am. L.L. 2017/153, 8/30/2017, eff. 12/28/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
