§ 304 — Penalties for violations

§ 304. Penalties for violations. 1. Except as otherwise in this\nsection specifically provided, every person who shall violate or assist\nin the violation of any provision of this chapter shall be guilty of a\nmisdemeanor punishable, for a first offense, by a fine of not exceeding\nfive hundred dollars or by imprisonment for a period of not exceeding\nthirty days, or by both such fine and imprisonment; for the second and\nany subsequent offense arising from the failure to remove the violation\nupon which the first offense was based, by a fine of not exceeding one\nthousand dollars or by imprisonment for a period of not exceeding six\nmonths, or by both such fine and imprisonment.\n 1-a. Every person who shall violate or assist in the violation of any\nprovision of sections twenty-nine, thirty-seven, sixty-two, eighty\neighty-one, eighty-three or three hundred twenty-five of this chapter\nshall be guilty of an offense. The maximum fine for a first violation of\nany provision of such sections hereinbefore in this subdivision set\nforth, with respect to a particular dwelling, shall be fifty dollars;\nthe maximum fine for the second offense arising from the failure to\nremove the violation upon which the first offense was based shall be two\nhundred fifty dollars; the maximum fine for the third or any subsequent\noffense arising from the failure to remove the violation upon which the\nfirst and second offenses were based shall be five hundred dollars. Such\na violation under this subdivision shall not be a crime and the penalty\nor punishment imposed therefor shall not be deemed for any purpose a\npenal or criminal penalty or punishment, and shall not impose any\ndisability upon or affect or impair the credibility as a witness, or\notherwise, of any person convicted thereof.\n 2. Any person who, having been served with a notice or order to remove\nany nuisance or violation, shall fail to comply therewith within five\ndays after such service, or shall continue to violate any provision or\nrequirement of this chapter in the respect named in such notice or\norder, shall also be subject to a civil penalty of two hundred fifty\ndollars. Such persons shall also be liable for all costs, expenses and\ndisbursements incurred by any such department or its agent or contractor\nin the removal of any such nuisance or violation.\n 3. In case the notice required by section three hundred twenty-five is\nnot filed, or the owner of a dwelling does not reside within the state\nor cannot after diligent effort be served with process therein, the\nexistence of a nuisance or of any other violation of this chapter or of\nan order or a notice made by the department, shall subject the dwelling\nand lot to a penalty of two hundred fifty dollars.\n 4. An action may be brought in any court of competent civil\njurisdiction for the recovery of any such penalties, costs and\ndisbursements.\n 5. All penalties collected shall be paid into the treasury of the\ncity, but no provision of this chapter shall prohibit the city from\ncreating and maintaining out of such penalties a separate fund not in\nexcess of twenty-five thousand dollars, out of which payment may be made\nfor repairs made by any department charged with the enforcement of this\nchapter or its agents or contractors, as provided in section three\nhundred nine.\n 6. No civil or criminal liability or penalty shall attach to any\nperson who has acquired or shall acquire any tenement or converted\ndwelling by foreclosure of a mortgage or deed in lieu of foreclosure of\na mortgage, because of his failure for a period of six months after the\ndelivery of the referee's deed in foreclosure or the delivery of such\ndeed in lieu of foreclosure, to comply with the provisions of this\nchapter in reference to such tenement or converted dwelling, provided he\nremains the owner thereof. Upon the transfer of title by such person\nprior to the termination of the said six months, and in any event upon\nthe termination of such period, such penalties shall apply as provided\nin this section.\n 6-a. No civil or criminal liability or penalty shall attach to any\nperson who has, by an order of a court, been appointed as a receiver in\na foreclosure action to collect rents, because of his failure for a\nperiod of six (6) months after he qualifies as such receiver, to comply\nwith any of the provisions of this chapter.\n Upon the receiver's discharge by the court prior to the termination of\nsuch period, and in any event upon the termination of such period, the\npenalties provided in this section shall thereafter apply.\n 6-b. No civil or criminal liability or penalty shall attach to any\nperson who shall by operation of law become an owner of a multiple\ndwelling then or thereafter certified and declared a public nuisance to\nany extent pursuant to paragraph b of subdivision one of section three\nhundred nine of this chapter, or the holder or beneficial owner of stock\nin such owner, if a corporation, because of his failure to comply with\nany of the provisions of this chapter for a period of six months after\nhe acquires ownership of said multiple dwelling or the stock or\nbeneficial interest in the stock of a corporation which is the owner.\n 7. None of the civil or criminal penalties provided in this section\nshall apply to any person because of his failure to comply with the\nprovisions of section two hundred thirty-three, subdivision four of\nsection two hundred thirty-eight, subdivision three of section two\nhundred forty or subdivisions two and three of section two hundred fifty\nin reference to any old-law tenement, if he agrees in writing with the\ndepartment to comply with such provisions or to vacate or demolish such\ntenement, within a period not exceeding six months fixed by the\ndepartment. Such agreement shall be in form satisfactory to the\ndepartment, and shall contain provisions to secure the performance\nthereof and such other terms as may be mutually agreed upon. The\ntransfer of title or control by such person, or the termination of such\nperiod by limitation, shall subject the person then directly or\nindirectly in control of such tenement to the penalties prescribed by\nthis section, if violations of such provisions then exist.\n 8. Whenever a multiple dwelling shall have been declared a public\nnuisance to any extent pursuant to paragraph b of subdivision one of\nsection three hundred nine of this chapter and such declaration shall\nhave been filed as therein provided, all officers, directors and persons\nhaving an interest, as holder or beneficial owner thereof, in more than\nten per cent of the issued and outstanding stock of any corporation,\nother than a banking organization as defined in section two of the\nbanking law, a national banking association, a federal savings and loan\nassociation, The Mortgage Facilities Corporation, Savings Banks Life\nInsurance Fund, The Savings Banks Retirement System, an authorized\ninsurer as defined in section one hundred seven of the insurance law, or\na trust company or other corporation organized under the laws of this\nstate all the capital stock of which is owned by at least twenty savings\nbanks or a subsidiary corporation all of the capital stock of which is\nowned by such trust company or other corporation, then in operation and\ncontrol of such multiple dwelling, shall, in addition to all other\nliabilities and penalties provided in this chapter and elsewhere, be\njointly and severally liable for all injury to person or property\nthereafter sustained by any tenant of such multiple dwelling or any\nother person by reason of the condition constituting such public\nnuisance and for all costs and disbursements including attorneys' fees\nof any suit brought by such tenant or other person.\n 9. No civil or criminal liability or penalty shall attach to any\nperson by reason of his ownership or beneficial ownership of stock in a\ncorporation owning a multiple dwelling declared to be a public nuisance\npursuant to paragraph b of subdivision one of section three hundred nine\nof this chapter because of his failure to comply with any of the\nprovisions of this chapter, whose interest in such corporation is less\nthan twenty-five per cent of the issued and outstanding stock thereof,\nas owner or beneficial owner thereof, and who has sustained the burden\nof proving that he has not participated directly or indirectly in the\nmanagement, operation or control of such multiple dwelling.\n 10. No criminal liability or penalty shall attach to any person by\nreason of his ownership or beneficial ownership of stock in a\ncorporation owning a multiple dwelling declared to be a public nuisance\npursuant to paragraph b of subdivision one of section three hundred nine\nof this chapter because of his failure to comply with any of the\nprovisions of this chapter unless and until he has had a reasonable\nperiod of time to comply following his having become an owner as defined\nin this chapter.\n 11. The term "person" as used in this section shall include the owner,\nmortgagee or vendee in possession, assignee of rents, receiver,\nexecutor, trustee, lessee, agent or any other person, firm or\ncorporation directly or indirectly in control of a dwelling or part\nthereof. Whenever a multiple dwelling shall have been declared a public\nnuisance to any extent pursuant to paragraph b of subdivision one of\nsection three hundred nine of this chapter and such declaration shall\nhave been filed as therein provided, the term "person" shall be deemed\nto include, in addition to those mentioned hereinabove, all the\nofficers, directors and persons having an interest in more than ten\npercent of the issued and outstanding stock of the owner as herein\ndefined, as holder or beneficial owner thereof, if such person be a\ncorporation other than a banking organization as defined in section two\nof the banking law, a national banking association, a federal savings\nand loan association, The Mortgage Facilities Corporation, Savings Banks\nLife Insurance Fund, The Savings Banks Retirement System, an authorized\ninsurer as defined in section one hundred seven of the insurance law, or\na trust company or other corporation organized under the laws of this\nstate all the capital stock of which is owned by at least twenty savings\nbanks or a subsidiary corporation all of the capital stock of which is\nowned by such trust company or other corporation.\n