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What is NYC AC § 26-3018?

Quick Answer

This section outlines the judicial proceedings available against individuals or entities involved in the maintenance, construction, or operation of buildings that violate affordable housing provisions or fail to comply with orders from the commissioner. The corporation counsel may initiate actions on behalf of the city to seek compliance and impose civil penalties. Applies to owners, architects, contractors, and others involved in building operations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 26-3018 Judicial proceedings.

AC § 26-3018

a. The owner, architect, builder, contractor, engineer or any other person who maintains any building or premises, or who erects, constructs, alters, extends, occupies, uses, operates, rents or sells any building, premises or affordable housing unit subject to applicable affordable housing provisions, or assists or causes same to be done, in conflict with or in violation of any of such provisions, or who fails to comply with an order of the commissioner or violates any order of the commissioner issued pursuant to this chapter, shall be subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such order. Upon request of the commissioner, the corporation counsel may institute judicial actions or proceedings seeking such relief. In addition to any other remedies, in any such action or proceeding, the defendant or respondent shall be subject to the payment of civil penalties as provided in this chapter. b. Such actions and proceedings may be instituted by the corporation counsel in the name of the city in any court of competent jurisdiction in such city. In such actions or proceedings, the city may apply for restraining orders, preliminary injunctions or other provisional remedies and no undertakings shall be required as a condition to the granting or issuing of any such order, injunction or remedy, or by reason thereof. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

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