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What is NYC AC § 27-2148?

Quick Answer

This section allows the Department of Housing Preservation and Development to appoint a receiver for the rent and profits of a property when liens exceed five thousand dollars. The receiver holds powers similar to those in mortgage foreclosure actions and is not required to file a bond. Applies to property owners with significant outstanding liens.

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

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§ 27-2148 Appointment of receiver.

AC § 27-2148

a. Whenever the sum of any lien or liens established by this chapter, plus any lien or liens established pursuant to any other section of the administrative code for the expenses of repairs made by the department, shall amount to five thousand dollars or more, the department may issue an order appointing the commissioner of the department of housing preservation and development receiver of the rent and profits of the premises. Such receiver may be appointed upon thirty days' notice to the owner, mortgagees and lienors of record of such premises. Such notice shall contain the amounts of such lien or liens and give the owner, mortgagees and lienors of record an opportunity to either pay the outstanding liens or to contract in writing with the department on terms satisfactory to the department for such payment. Any mortgagee or lienor who pays the department shall be assigned the department's lien. b. A receiver appointed pursuant to this section shall have all of the powers and duties of a receiver appointed in an action to foreclose a mortgage on real property. Such receiver shall not be required to file any bond. c. The receiver shall be entitled to the same fees, commissions and necessary expenses as receivers in actions to foreclose mortgages. Such fees and commissions shall be paid into the fund created pursuant to section 27-2111 of article one of this subchapter. The receiver shall be liable only in his or her official capacity for injury to person and property by reason of conditions of the premises in a case where an owner would have been liable; such receiver shall not have any liability in his or her personal capacity. d. Such receivership shall continue until the amount of such liens and the commissions have been fully paid. Upon the termination of such receivership, an accounting shall be given to the owner together with any moneys collected in excess of the lien and commission and the department shall, within twenty-one days, file a satisfaction of any and all liens filed by the department against such premises.

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