N.Y. Multiple Dwelling Law § 304: Penalties for violations

§ 304. Penalties for violations. 1. Except as otherwise in this

section specifically provided, every person who shall violate or assist

in the violation of any provision of this chapter shall be guilty of a

misdemeanor punishable, for a first offense, by a fine of not exceeding

five hundred dollars or by imprisonment for a period of not exceeding

thirty days, or by both such fine and imprisonment; for the second and

any subsequent offense arising from the failure to remove the violation

upon which the first offense was based, by a fine of not exceeding one

thousand dollars or by imprisonment for a period of not exceeding six

months, or by both such fine and imprisonment.

1-a. Every person who shall violate or assist in the violation of any

provision of sections twenty-nine, thirty-seven, sixty-two, eighty

eighty-one, eighty-three or three hundred twenty-five of this chapter

shall be guilty of an offense. The maximum fine for a first violation of

any provision of such sections hereinbefore in this subdivision set

forth, with respect to a particular dwelling, shall be fifty dollars;

the maximum fine for the second offense arising from the failure to

remove the violation upon which the first offense was based shall be two

hundred fifty dollars; the maximum fine for the third or any subsequent

offense arising from the failure to remove the violation upon which the

first and second offenses were based shall be five hundred dollars. Such

a violation under this subdivision shall not be a crime and the penalty

or punishment imposed therefor shall not be deemed for any purpose a

penal or criminal penalty or punishment, and shall not impose any

disability upon or affect or impair the credibility as a witness, or

otherwise, of any person convicted thereof.

2. Any person who, having been served with a notice or order to remove

any nuisance or violation, shall fail to comply therewith within five

days after such service, or shall continue to violate any provision or

requirement of this chapter in the respect named in such notice or

order, shall also be subject to a civil penalty of two hundred fifty

dollars. Such persons shall also be liable for all costs, expenses and

disbursements incurred by any such department or its agent or contractor

in the removal of any such nuisance or violation.

3. In case the notice required by section three hundred twenty-five is

not filed, or the owner of a dwelling does not reside within the state

or cannot after diligent effort be served with process therein, the

existence of a nuisance or of any other violation of this chapter or of

an order or a notice made by the department, shall subject the dwelling

and lot to a penalty of two hundred fifty dollars.

4. An action may be brought in any court of competent civil

jurisdiction for the recovery of any such penalties, costs and

disbursements.

5. All penalties collected shall be paid into the treasury of the

city, but no provision of this chapter shall prohibit the city from

creating and maintaining out of such penalties a separate fund not in

excess of twenty-five thousand dollars, out of which payment may be made

for repairs made by any department charged with the enforcement of this

chapter or its agents or contractors, as provided in section three

hundred nine.

6. No civil or criminal liability or penalty shall attach to any

person who has acquired or shall acquire any tenement or converted

dwelling by foreclosure of a mortgage or deed in lieu of foreclosure of

a mortgage, because of his failure for a period of six months after the

delivery of the referee's deed in foreclosure or the delivery of such

deed in lieu of foreclosure, to comply with the provisions of this

chapter in reference to such tenement or converted dwelling, provided he

remains the owner thereof. Upon the transfer of title by such person

prior to the termination of the said six months, and in any event upon

the termination of such period, such penalties shall apply as provided

in this section.

6-a. No civil or criminal liability or penalty shall attach to any

person who has, by an order of a court, been appointed as a receiver in

a foreclosure action to collect rents, because of his failure for a

period of six (6) months after he qualifies as such receiver, to comply

with any of the provisions of this chapter.

Upon the receiver's discharge by the court prior to the termination of

such period, and in any event upon the termination of such period, the

penalties provided in this section shall thereafter apply.

6-b. No civil or criminal liability or penalty shall attach to any

person who shall by operation of law become an owner of a multiple

dwelling then or thereafter certified and declared a public nuisance to

any extent pursuant to paragraph b of subdivision one of section three

hundred nine of this chapter, or the holder or beneficial owner of stock

in such owner, if a corporation, because of his failure to comply with

any of the provisions of this chapter for a period of six months after

he acquires ownership of said multiple dwelling or the stock or

beneficial interest in the stock of a corporation which is the owner.

7. None of the civil or criminal penalties provided in this section

shall apply to any person because of his failure to comply with the

provisions of section two hundred thirty-three, subdivision four of

section two hundred thirty-eight, subdivision three of section two

hundred forty or subdivisions two and three of section two hundred fifty

in reference to any old-law tenement, if he agrees in writing with the

department to comply with such provisions or to vacate or demolish such

tenement, within a period not exceeding six months fixed by the

department. Such agreement shall be in form satisfactory to the

department, and shall contain provisions to secure the performance

thereof and such other terms as may be mutually agreed upon. The

transfer of title or control by such person, or the termination of such

period by limitation, shall subject the person then directly or

indirectly in control of such tenement to the penalties prescribed by

this section, if violations of such provisions then exist.

8. Whenever a multiple dwelling shall have been declared a public

nuisance to any extent pursuant to paragraph b of subdivision one of

section three hundred nine of this chapter and such declaration shall

have been filed as therein provided, all officers, directors and persons

having an interest, as holder or beneficial owner thereof, in more than

ten per cent of the issued and outstanding stock of any corporation,

other than a banking organization as defined in section two of the

banking law, a national banking association, a federal savings and loan

association, The Mortgage Facilities Corporation, Savings Banks Life

Insurance Fund, The Savings Banks Retirement System, an authorized

insurer as defined in section one hundred seven of the insurance law, or

a trust company or other corporation organized under the laws of this

state all the capital stock of which is owned by at least twenty savings

banks or a subsidiary corporation all of the capital stock of which is

owned by such trust company or other corporation, then in operation and

control of such multiple dwelling, shall, in addition to all other

liabilities and penalties provided in this chapter and elsewhere, be

jointly and severally liable for all injury to person or property

thereafter sustained by any tenant of such multiple dwelling or any

other person by reason of the condition constituting such public

nuisance and for all costs and disbursements including attorneys' fees

of any suit brought by such tenant or other person.

9. No civil or criminal liability or penalty shall attach to any

person by reason of his ownership or beneficial ownership of stock in a

corporation owning a multiple dwelling declared to be a public nuisance

pursuant to paragraph b of subdivision one of section three hundred nine

of this chapter because of his failure to comply with any of the

provisions of this chapter, whose interest in such corporation is less

than twenty-five per cent of the issued and outstanding stock thereof,

as owner or beneficial owner thereof, and who has sustained the burden

of proving that he has not participated directly or indirectly in the

management, operation or control of such multiple dwelling.

10. No criminal liability or penalty shall attach to any person by

reason of his ownership or beneficial ownership of stock in a

corporation owning a multiple dwelling declared to be a public nuisance

pursuant to paragraph b of subdivision one of section three hundred nine

of this chapter because of his failure to comply with any of the

provisions of this chapter unless and until he has had a reasonable

period of time to comply following his having become an owner as defined

in this chapter.

11. The term "person" as used in this section shall include the owner,

mortgagee or vendee in possession, assignee of rents, receiver,

executor, trustee, lessee, agent or any other person, firm or

corporation directly or indirectly in control of a dwelling or part

thereof. Whenever a multiple dwelling shall have been declared a public

nuisance to any extent pursuant to paragraph b of subdivision one of

section three hundred nine of this chapter and such declaration shall

have been filed as therein provided, the term "person" shall be deemed

to include, in addition to those mentioned hereinabove, all the

officers, directors and persons having an interest in more than ten

percent of the issued and outstanding stock of the owner as herein

defined, as holder or beneficial owner thereof, if such person be a

corporation other than a banking organization as defined in section two

of the banking law, a national banking association, a federal savings

and loan association, The Mortgage Facilities Corporation, Savings Banks

Life Insurance Fund, The Savings Banks Retirement System, an authorized

insurer as defined in section one hundred seven of the insurance law, or

a trust company or other corporation organized under the laws of this

state all the capital stock of which is owned by at least twenty savings

banks or a subsidiary corporation all of the capital stock of which is

owned by such trust company or other corporation.