§ 13-04 Determination of Stay.
RCNY § 13-04
Upon application by a new owner, the Department shall make a determination as to whether a stay shall be granted. The Department may take into consideration in determining whether to grant a stay, and the new owner may submit in attempting to establish his or her entitlement to a stay, the following information: (a) That the new owner has demonstrated, by his or her past and present conduct, that there is a substantial probability that he or she will utilize a postponement to achieve correction of each violation for which a stay is sought. In assessing whether the past conduct of the new owner demonstrates that such a substantial probability exists, the following information may be considered: (1) whether the new owner has complied with prior orders of the Department; (2) whether the new owner has complied with prior orders of other City departments concerning building conditions; (3) whether the new owner has any outstanding debts to the City for emergency repairs or has incurred such debts within five (5) years prior to the date of the applications; and (4) what the new owner is doing to correct other violations for which he or she is not seeking a stay.
(b)The financial ability of the new owner to achieve correction of each violation for which a stay is sought. Following a new owner's application for a stay, the Department shall prepare a written statement setting forth the reasons for the granting or the denial of such application. The statement shall be signed and dated by the person making the determination and shall be made part of the records of the Department. A copy of the determination shall be delivered to the new owner or mailed to him or her by regular mail.
