§ 1374 — Receivership

New York § 1374

• Jurisdiction: New York
• Law PBH: Public Health
• Title 10: Control of Lead Poisoning
• Art. 13: Nuisances and Sanitation

Text

§ 1374. Receivership. 1. In the event of failure to comply with an\norder issued pursuant to this title and containing provision for such\napplication, the officer issuing the order may apply to a court of\ncompetent jurisdiction in the county wherein the dwelling is located for\nan order appointing such officer or his designee receiver of the rents\nof such dwelling for the purpose of effectuating the provisions of such\norder.\n 2. An application for appointment of a receiver hereunder shall be on\nat least ten days' notice to the owner of the dwelling, effected in the\nsame manner as in an action to foreclose a mortgage. A receiver\nappointed hereunder shall not have any right superior to those of any\nmortgagee or lienor of record who has not had at least ten days' notice,\nby personal service or registered or certified mail, of the application\nfor appointment of a receiver.\n 3. A receiver appointed hereunder shall have the power to collect the\naccrued and accruing rents of the dwelling and shall apply such\ncollected rents to costs and expenses incurred in connection with (a)\nremoving, replacing, repainting and covering surfaces of the dwelling\nnecessary to effectuate the provisions of the order of abatement, (b)\ninterim operation and management of the dwelling, (c) administration of\nthe receivership.\n 4. As soon as practicable after completion of his duties, the receiver\nshall render a full accounting to the court and, upon payment over of\nany surplus moneys to the owner or other persons as the court may\napprove or direct and upon the order of the court, he shall be relieved\nof any further responsibility or liability in connection with his\nreceivership.\n