§ 203 — Actions involving real property

New York § 203

• Jurisdiction: New York
• Law UDC: Uniform District Court Act
• Art. 2: Jurisdiction

Text

§ 203. Actions involving real property. (a) The court shall have\njurisdiction of the following actions provided that the real property\ninvolved is located in whole or in part within a district of the court\nin the county:\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 located in whole or in part\nwithin a district of the court in the elimination or correction of a\nnuisance or other violation of any law described in paragraph (2) of\nthis 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 located in whole or in part within a district of the court\nin the elimination of a nuisance or other violation of any law described\nin paragraph (2) of this subdivision, or in the removal or demolition of\nany 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 located in whole or in part within a district of the court to\nabandoned 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 located in\nwhole or in part within a district of the court charged with enforcing\nthe multiple dwelling law, multiple residence law, housing maintenance\ncode, and other state and local laws applicable to the enforcement of\nproper housing standards may commence any action or proceeding described\nin paragraphs (2), (3), (4), (5), (6), and (9) of this subdivision by an\norder to show cause, returnable within five days, or within any other\ntime at the discretion of the court. Upon the signing of such order, the\nclerk of the district court shall issue an index number.\n (b) On the application of any department of any political subdivision\nof the state located in whole or in part within a district of the court,\nany party, or on its own motion, the district court, shall, unless good\ncause is shown to the contrary, consolidate all actions and proceedings\npending 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 located in whole or in part within a\ndistrict of the court, other than for the utilization and deployment of\npersonnel and services incidental thereto, the court shall give notice\nof such proposed remedy, program or procedure to the department of such\npolitical subdivision that is charged with the enforcement of local laws\nrelating to housing maintenance and shall not employ such proposed\nremedy, program or procedure, as the case may be, if such department\nshall advise the court in writing within the time fixed by the court,\nwhich shall not be less than fifteen days after such notice has been\ngiven, of the reasons such order should not be issued, which advice\nshall become part of the record. The court may retain continuing\njurisdiction of any action or proceeding relating to a building until\nall 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 located within a district of the\ncourt or the district court, on its own motion, may join any other\nperson or department of any political subdivision of the state located\nwithin a district of the court as a party in order to effectuate proper\nhousing maintenance standards and to promote the public interest.\n