§ 203 — Actions involving real property

New York § 203

• Jurisdiction: New York
• Law UCT: Uniform City Court Act
• Art. 2: Jurisdiction

Text

§ 203. Actions involving real property.\n (a) The court shall have jurisdiction of the following actions\nprovided that the real property involved is located in whole or in part\nwithin the city:\n (1) An action for the establishment of a mechanic's lien on real\nproperty to recover a personal judgment for the amount due, where the\nlien asserted does not, at the time the action is commenced, exceed\n$15,000.\n (2) An action brought to impose and collect a civil penalty for a\nviolation of state or local laws for the establishment and maintenance\nof housing standards, including, but not limited to, the multiple\ndwelling law, the multiple residence law, and any applicable local\nhousing maintenance codes, building codes and health codes.\n (3) An action to recover costs, expenses and disbursements incurred by\nany political subdivision of the state in the elimination or correction\nof a nuisance or other violation of any law described in paragraph (2)\nof this subdivision, or in the removal or demolition of any building\npursuant to such law or laws.\n (4) An action or proceeding to establish, enforce or foreclose a lien\nupon real property and the rents therefrom, for civil penalties or for\ncosts, expenses and disbursements incurred by any political subdivision\nof the state in the elimination of a nuisance or other violation of any\nlaw described in paragraph (2) of this subdivision, or in the removal or\ndemolition of any building pursuant to such law or laws.\n (5) Actions or proceedings for the removal of housing violations\nrecorded pursuant to any law described in paragraph (2) of this\nsubdivision, or for the imposition of such violation or for the stay of\nany penalty thereunder.\n (6) An action or proceeding for the issuance of an injunction,\nrestraining orders or other orders for the enforcement of housing\nstandards under any law described in paragraph (2) of this subdivision.\n (7) Special proceedings to vest title in any political subdivision of\nthe state to abandoned multiple dwellings.\n (8) Actions and proceedings under article 7-A of the real property\nactions and proceedings law, and all summary proceedings to recover\npossession of residential premises to remove tenants therefrom, and to\nrender judgment for rent due, including without limitation those cases\nin which a tenant alleges a defense under § 755 of the real property\nactions and proceedings law, relating to stay of proceedings or action\nfor rent upon failure to make repairs and § 302-a of the multiple\ndwelling law, as applicable, relating to the abatement of rent in case\nof certain violations of local housing codes.\n (9) Proceedings for the appointment of a receiver of rents, issues and\nprofits of buildings in order to remove or remedy a nuisance or to make\nrepairs required to be made under such laws.\n The department of any political subdivision of the state charged with\nenforcing the multiple dwelling law, multiple residence law, housing\nmaintenance code, and other state and local laws applicable to the\nenforcement of proper housing standards may commence any action or\nproceeding described in paragraphs (2), (3), (4), (5), (6), and (9) of\nthis subdivision by an order to show cause, returnable within five days,\nor within any other time in the discretion of the court. Upon the\nsigning of such order, the clerk of the city court shall issue an index\nnumber.\n (b) On the application of a department of any political subdivision of\nthe state, any party, or on its own motion, the city court, shall,\nunless good cause is shown to the contrary, consolidate all actions and\nproceedings pending in such part as to any building.\n (c) Regardless of the relief originally sought by a party the court\nmay recommend or employ any remedy, program, procedure or sanction\nauthorized by law for the enforcement of housing standards, if it\nbelieves said remedy, program, procedure or sanction will be more\neffective to accomplish compliance or to protect and promote the public\ninterest; provided in the event any such proposed remedy, program or\nprocedure entails the expenditure of monies appropriated by any\npolitical subdivision of the state, other than for the utilization and\ndeployment of personnel and services incidental thereto, the court shall\ngive notice of such proposed remedy, program or procedure to the\ndepartment of such political subdivision that is charged with the\nenforcement of local laws relating to housing maintenance and shall not\nemploy such proposed remedy, program or procedure, as the case may be,\nif such department shall advise the court in writing within the time\nfixed by the court, which shall not be less than fifteen days after such\nnotice has been given, of the reasons such order should not be issued,\nwhich advice shall become part of the record. The court may retain\ncontinuing jurisdiction of any action or proceeding relating to a\nbuilding until all violations of law have been removed.\n (d) In any of the actions or proceedings specified in subdivision (a)\nof this section and on the application of any party, a department of any\npolitical subdivision of the state or the city court, on its own motion,\nmay join any other person or department of any political subdivision of\nthe state as a party in order to effectuate proper housing maintenance\nstandards and to promote the public interest.\n