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What is NYC AC § 27-2131?

Quick Answer

This section outlines the notice requirements for property owners, mortgagees, and lienors when the department intends to seek the appointment of a receiver to address violations. The department must serve notice to the owner and subsequently to all mortgagees and lienors of record. Applies to building owners facing potential receiver appointments for property violations.

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

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§ 27-2131 Notice to owner, mortgagees and lienors.

AC § 27-2131

a. If the department intends to seek the appointment of a receiver to remove or remedy a condition described in the preceding section, it shall serve upon the owner, along with the order pursuant to section 27-2125 of article five of this subchapter, a notice stating that in the event the violations covered by the order are not removed or remedied in the manner and within the time specified therein, the department may apply for the appointment of a receiver of the rents, issues and profits of the property with rights superior to those of the owner and any mortgagee or lienor. b. Within five days after service of the order and notice upon the owner, the department shall serve a copy of the order and notice upon every mortgagee and lienor of record, personally or by registered or certified mail, at the address set forth in the recorded mortgage or lien. If no address appears therein, a copy shall be sent by registered mail to the person at whose request the instrument was recorded. c. The department shall file a copy of the notice and order in the office of the county clerk in which mechanics liens affecting the property would be filed.

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