§ 11-266 Code violations; suspension of benefits.
AC § 11-266
a. If a court, or the environmental control board with respect to matters within its jurisdiction, finds that at the property which is the subject of a certificate of eligibility there has been a violation of any of the provisions of the building, fire and air pollution control codes set forth in subdivision b of this section, all benefits pursuant to such certificate shall be suspended unless within one hundred eighty days after the department of finance has sent notice of such finding to the recipient, and all other persons having a financial interest in the property who have filed a timely request for such notice in such form as may be prescribed by the department of finance, the recipient submits to the department of finance, certification from the department of buildings, the fire department or the department of environmental protection respectively that the underlying code violation has been cured. If the recipient fails to submit the required certification within the one hundred eighty day period, the period of suspension shall be effective retroactively to the time of the finding by the court or the environmental control board. The suspension of benefits shall continue until the recipient submits to the department of finance the required certification that the violation has been cured. If the original finding of violation or the denial of certification is appealed and a court or appropriate governmental agency finally determines that the finding of violation or denial of certification was invalid, any benefits lost pursuant to this section to which the recipient was entitled shall be restored retroactively. As applied to a recipient who is eligible for deferral of tax payments pursuant to subdivision d of section 11-257 of this part, suspension of benefits shall be deferred by operation of such section and interest at the rate charged by the department of finance for overdue taxes shall be charged on the amount of any tax payments already deferred by operation of such section. The interest charged shall accrue from the beginning of the period of suspension. b. The provisions of subdivision a of this section shall apply to violations of the following provision of the code: (1) section 27-4260; (2) section 27-4265; (3) section 27-4267; (4) section 27-954; (5) section 27-339; (6) subdivision (c) of section 27-353; (7) paragraph twelve of subdivision (f) of section 27-972; (8) paragraph ten of subdivision (g) of section 27-972; (9) subdivision (c) of section 27-975; (10) subdivision (c) of section 27-989; (11) the following provisions to the extent applicable to cabarets as defined in article two of subchapter two of the building code: (a) section 27-542; (b) subparagraph d of paragraph two of subdivision (b) of section 27-547; (c) paragraph three of subdivision (a) of section 27-549; (d) subdivision (b) of section 27-549; (12) section 27-127 when the violation concerns an unsafe condition on a facade of a building which exceeds six stories in height; (13) section five hundred one of reference standard 13-1; (14) section one thousand three of reference standard 13-1; (15) paragraph six of subdivision (b) of section 24-178; and (16) section 24-185.
