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What is NYC AC § 27-2113?

Quick Answer

This section allows the department to file a notice of pendency in the county clerk's office for actions or proceedings affecting premises. The notice can be filed after serving a notice of violation or order to repair, and it must include details about the parties involved and property blocks. Applies to property owners involved in legal actions initiated by the department.

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

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§ 27-2113 Notice of pendency of action.

AC § 27-2113

a. In any action or proceeding brought by the department, it may file a notice of pendency in the county clerk's office in the county where the premises affected by the action or proceeding are located. The department may file such notice at any time after it serves the notice of violation or order to repair, or at the time it commences the action or proceeding, or any time thereafter, before final judgment or order. b. The corporation counsel shall designate in writing on such notice of pendency the name of each person against whom the notice is filed and the number of each block on the land map of the county which is affected by the notice. The county clerk in whose office a notice of pendency is filed shall record and index such notice against the names and blocks designated. c. A notice of pendency may be vacated by order of a judge of the court where such action or proceeding was brought or is pending, or by the written consent of the corporation counsel. The clerk of the county where such notice is filed shall cancel the notice upon receipt of such written consent or a certified copy of such order.

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