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What is NYC AC § 27-2133?

Quick Answer

This section outlines the process for the temporary appointment of a receiver when a building poses an imminent danger to its occupants or neighboring properties. The court may expedite the process, allowing for a temporary receiver to be appointed under specific conditions. Applies to building owners facing urgent safety issues with their properties.

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

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§ 27-2133 Temporary appointment of receiver.

AC § 27-2133

a. If the condition of the premises is such that unless immediately cured irreparable damage may be caused to the building or it constitutes an imminent danger to its occupants or the occupants of adjoining properties, then the order to show cause may be returnable in the discretion of the court in less than five days, and in such case, service may be made by posting a copy of the order in a conspicuous place on the premises and by mailing a copy to the owner at the address registered with the department and to the mortgagees and lienors at their respective addresses. But any appointment of a receiver without service pursuant to subdivision c of section 27-2132 of this article shall be temporary only and expire not more than thirty days thereafter unless, prior to the expiration of the thirty days, the department shall serve notice on the owner, mortgagee and lienors in the manner provided for in subdivision c of section 27-2132 of this article of intention to apply to the court at a date fixed in such notice and not less than five days after the service of such notice, for an extension of the receivership. Upon such service the period of the appointment of the temporary receiver shall be automatically extended for a further period of fifteen days. The notice shall also contain, in addition to the order to show cause and the papers on which it is based, a statement of any expenditures made or obligations incurred by the receiver during the period of his or her temporary appointment. On the date fixed in the notice, the court shall determine whether or not to extend the period of receivership. Such determination shall be made as if the application were an original one for the appointment of a receiver. b. A temporary receiver shall have the powers and duties provided in section 27-2135 of this article, except that he or she shall not, without express order of the court, make any repairs or improvements to the property or incur any expenses in the operation thereof during the period of his or her temporary appointment except such as may be necessary (1) to remedy or remove the immediate condition or conditions which called for his or her appointment, and (2) to the ordinary operation and maintenance of the property. For such specific purpose the receiver shall be entitled to let such contracts and undertake such expenses as may be necessary to accomplish the specific results without advertisements and without procuring competitive bids.

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