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What is NYC AC § 28-112.9.2?

Quick Answer

This section establishes that unpaid amounts for inspections, reinspections, examinations, or permits create a lien on the associated land and building. The Department of Finance is responsible for filing these liens, which take precedence over most other liens, except for tax liens. Applies to building owners with unpaid inspection-related fees.

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

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§ 28-112.9.2 Lien.

AC § 28-112.9.2

All such unpaid amounts shall constitute a lien upon the land and building upon, or in respect to which, such inspection, reinspection, examination or service was performed or permit issued when the amount thereof shall have been definitely computed as a statement of account by the department and the department shall file such statement with the department of finance for entry in the records of such department against the premises. Such lien shall have a priority over all other liens and encumbrances except for the lien of taxes and assessments. However, no lien created pursuant to section 28-112.9 shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28-112.9.1 are satisfied. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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