N.Y. Multiple Dwelling Law § 309: Repairs, vacation and demolition of buildings

§ 309. Repairs, vacation and demolition of buildings. 1. a. The term

"nuisance" shall be held to embrace public nuisance as known at common

law or in equity jurisprudence. Whatever is dangerous to human life or

detrimental to health, and whatever dwelling is overcrowded with

occupants or is not provided with adequate ingress and egress or is not

sufficiently supported, ventilated, sewered, drained, cleaned, or

lighted in reference to its intended or actual use, and whatever renders

the air or human food or drink unwholesome, are also severally, in

contemplation of this law, nuisances. All such nuisances are unlawful.

b. Whenever the department shall certify that any multiple dwelling,

or any part of its premises, or the plumbing, sewerage, drainage,

lighting or ventilation thereof, is in a condition or in effect

dangerous to life or health, the department may, after giving notice to

the owner and an opportunity to be heard at a hearing held for such

purpose declare the same, to the extent it may specify, a public

nuisance. Such declaration shall be filed as provided by section three

hundred twenty-eight of this chapter, if applicable, or as a public

record in the department. The officers of a corporation upon which

notice of such hearing has been served 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, shall serve similar notice on all

stockholders of record of the corporation and other persons known to be

stockholders or beneficial owners of the stock of the corporation. A

stockholder upon whom such notice has been served shall serve similar

notice upon any persons holding a beneficial interest in his stock.

c. The department may order or cause such nuisance to be removed,

abated, suspended, purified, altered, repaired or otherwise improved as

the order shall specify.

d. The department may order or cause any multiple dwelling or any part

of its premises, or any excavation, structure, sewer, plumbing, pipe,

passage, matter or thing in or about such premises to be purified,

cleansed, disinfected, removed, altered, repaired or improved.

e. Whenever the department shall certify that a nuisance exists in a

multiple dwelling, or any part of its premises, which constitutes a

serious fire hazard or is a serious threat to life, health or safety,

the department may issue a written order to the owner directing the

removal or remedying of such nuisance in the manner and within the time

specified in such order which shall be not less than twenty-one days

after the service thereof on the owner in the manner specified in

subdivision one of section three hundred twenty-six of this chapter

except that if the department shall determine that the condition is such

that a delay of twenty-one days in remedying or removing the same may

cause irreparable harm to the building or constitutes an imminent danger

to its occupants, or the occupants of adjoining property or the general

public, then the time specified for such remedy or removal may be less

than twenty-one days.

f. If any order of the department is not complied with or not so far

complied with as the department may regard as reasonable, within the

time therein designated, then such order may be executed by the

department, its agents or contractors, or, as an alternative, if the

multiple dwelling involved shall have been declared to be a public

nuisance 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 department or a receiver appointed pursuant to

subdivision five of this section or any tenant of such multiple dwelling

may institute and maintain an action in the supreme court in the county

where the multiple dwelling is located, or in the housing part of the

New York city civil court, if the multiple dwelling is located in the

city of New York, against any owner or owners to whom the order was

issued pursuant to paragraph e of subdivision one of this section for an

order compelling such owner of owners to comply with the department's

order and, if such action be brought by such receiver or tenant, for

payment of the costs and disbursements of the action including legal

fees. Except as owners may have otherwise agreed, any owner who removes

or remedies the nuisance in compliance with an order of the department

or court shall de entitled to recover a proportionate share of the total

expense of such compliance from all other owners to whom the

department's order was issued or to whom such owner sent a copy of the

department's order within thirty days of receipt of same by registered

mail.

g. The department may in its discretion let out contracts for the

repairs to be done pursuant to this section in accordance with the

provisions of local laws, ordinances, rules and regulations of the city

applicable to the letting of contracts for public works.

2. a. An "untenanted hazard" is a multiple dwelling or any part

thereof, or any structure on the same premises with a multiple dwelling,

which has been untenanted for a period of sixty days or more and either

is not guarded continuously by a resident caretaker or has any exterior

openings which are not sealed in a manner approved by the department and

is a fire hazard or in a condition dangerous or detrimental to human

life, health or morals.

b. Whenever an officer of the department shall certify that any

multiple dwelling or part thereof is an untenanted hazard, the

department shall so notify the owner by attaching a notice in a

conspicuous place on the premises to such effect, and sending by

registered mail a copy of such notice to such owner, at the address or

addresses registered with the department, or, if no address is

registered with the department and such owner cannot with due diligence

be served personally, by sending a copy of such notice by registered

mail to the last known address of such owner. The department shall also

send a copy of such notice by registered mail to every owner of record

of a mortgage upon such premises, at the address of such owner appearing

in the record of such mortgage in the office in which mortgages are

registered in the county in which such premises are located or, if no

address appear therein, by sending such notice by registered mail to the

person at whose request such instrument was recorded.

c. Such notice shall contain a description of the dwelling, and a

statement of the particulars in which the dwelling is deemed to be an

untenanted hazard, and the order that the dwelling or part thereof be

demolished. Such notice and order shall require the person thus served

to certify within ten days thereafter to the department his assent or

refusal to demolish the same.

d. If such demolition is not commenced within twenty-one days after

the mailing and posting of such notice and order, such department shall

then serve all such aforementioned persons further notice to the effect

that on a certain day it will apply to the special term of the supreme

court for the hearing of motions for the county in which such premises

are located, or to the housing part of the New York city civil court, if

the premises are located in the city of New York, for an order declaring

such untenanted hazard to exist and directing the demolition of such

premises or part thereof.

e. Such court shall, if it finds the statements in the notice to be

true, direct that, if within five days after the order is entered it is

not complied with, the department may proceed with the execution of such

order through contractors in accordance with the provisions of local

laws, ordinances, rules and regulations of the city applicable to the

letting of contracts for public works, or through its own officers,

agents or employees.

f. The expenses and disbursements incurred by the department in

carrying out such orders shall be met from any appropriation for such

purpose or, to the extent that no such appropriation has been made or

that any such appropriation is insufficient, from the proceeds of the

sale of obligations pursuant to the local finance law.

3. Whenever the department has incurred any expense for which payment

is due under the provisions of this section, the department may

institute and maintain a suit against the owner of the dwelling in

respect to which such expense shall have been incurred and may recover

the amount of such expense as in this section provided. In any case

where expenditures made or obligations incurred by a receiver appointed

pursuant to subdivision five of this section in remedying a nuisance are

not paid or reimbursed from the rents and income of the dwelling or

where the receivership expenses, fees and commissions are not paid or

reimbursed from the rents and income of the dwelling, the receiver may

institute and maintain a suit against the owner of the dwelling to

recover such deficiency.

4. a. The department or a receiver appointed pursuant to subdivision

five of this section shall have a lien, for the expenses necessarily

incurred in the execution of an order, upon the premises upon or in

respect of which the work required by said order has been done or

expenses incurred, which lien shall have priority over all other

mortgages, liens and encumbrances of record, except taxes and

assessments levied pursuant to law. In the event that a receiver having

a lien, in favor of the department of real estate, is discharged and

such lien is in effect at the time of such discharge, such lien shall

continue to vest in the department of real estate.

b. No such lien shall be valid for any purpose until the department or

receiver, as the case may be, shall file where notices of mechanics'

liens are required to be filed, a notice containing the same particulars

as required to be stated with reference to mechanics' liens, with the

further statement that the expense has been incurred in pursuance of the

order of the department, and giving the date of the order, or in

performance by the receiver of the work required to remedy a condition

pursuant to an order of the court establishing the receivership and

giving the date of the order, or that a deficiency has accrued with

respect to the receivership established pursuant to an order of the

court and giving the date of the order, as the case may be. Such notice

shall be filed at any time during the progress of the work required by

such order or undertaken by the receiver, or within four months after

the completion of the contract, or the final performance of the work or

the final furnishing of the materials, dating from the last item of work

performed or materials furnished or, in the case of a deficiency, at any

time before the discharge of the receiver.

c. The officer with whom such notice is filed shall make the same

entry on the book or index in which mechanics' liens are entered as he

is required to enter in cases of mechanics' liens, together with a

reference to such order by date; and thereafter such lien shall, except

as herein otherwise provided, have the same effect in all respects as to

all persons as a mechanics' lien; and all proceedings with reference to

such lien, its enforcement and discharge, shall be carried on in the

same manner as similar proceedings with reference to other mechanics'

liens.

d. Unless, within six months after actual notice of such filing,

proceedings are taken by the party against whom or whose premises a lien

is claimed, to discharge such lien, the filing shall, as to all persons

having such actual notice, become conclusive evidence that the amount

claimed in the notice of lien, with interest, is due, and is a just lien

upon the premises.

e. Such lien shall continue to be a lien for a period of one year from

the time of its filing unless proceedings are in the meantime taken to

enforce or discharge it, which may be done at any time during its

continuance. In case proceedings are so taken, the lien shall remain in

effect until the final termination of such proceedings; and if such

proceedings shall result in a judgment for the amount claimed or any

portion thereof, such judgment shall, to such extent, be a lien in the

same manner and from the same time as the original lien.

5. a. If the department shall desire that a receiver be appointed as

herein after provided to remove or remedy a nuisance described in

paragraph e of subdivision one of this section and that such receiver

shall obtain a lien for costs incurred in connection therewith in favor

of the department of real estate, which shall have the priority with

respect to existing mortgages or liens provided in paragraph e of this

subdivision, it shall within five days after the service of the order

upon the owner serve a copy of such order upon every mortgagee and

lienor of record personally or by registered mail, return receipt

requested, at the address set forth in the recorded mortgage or lien.

Appended to the copy of such order shall be a notice addressed to such

mortgagee and lienor stating that in the event the nuisance is not

removed or remedied in the manner and within the time specified in the

order, the department may apply to the supreme court, or to the housing

part of the New York city civil court, if the premises are located in

the city of New York, or, to the district court, if the premises are

located in whole or in part within a district of the court, or, to the

city court of a city outside the city of New York, if the premises are

located in whole or in part within such city, for an order to show cause

why a receiver of the rents, issues and profits of the property shall

not be appointed with rights therein superior to those of such owner,

mortgagee or lienor.

b. The department shall file a copy of such notice and order in the

office of the county clerk in which mechanics liens affecting the

property would be filed.

c. 1. The department may thereafter apply to the supreme court in the

county where the property is situated, or to the housing part of the

civil court of the city of New York, if the property is situated in the

city of New York, by verified petition for an order directing the owner

and any mortgagees or lienors of record to show cause why the

commissioner or chief executive of the bureau or department of real

estate of the municipality should not be appointed receiver of the

rents, issues and profits of the property and why said receiver should

not remove or remedy such condition and obtain a lien in favor of the

department of real estate against the property having the priority

provided in paragraph e of this subdivision to secure repayment of the

costs incurred by the receiver in removing or remedying such condition.

Such application shall contain (a) proof by affidavit that an order of

the department has been issued and served on the owner, mortgagees and

lienors in accordance with and within the periods specified in paragraph

e of subdivision one of this section and paragraph a of this subdivision

and filed in accordance with the provisions of paragraph b of this

subdivision; (b) a statement that a nuisance which constitutes a serious

fire hazard or is a serious threat to life, health, or safety continued

to exist in said property after the time fixed for the removal thereof

in the department order and a description of the property and conditions

constituting such nuisance; (c) a brief description of the nature of the

work required to remove or remedy the condition and an estimate as to

the cost thereof. Such order to show cause shall be returnable not less

than five days after service is completed and shall provide for personal

service of a copy thereof and the papers on which it is based on the

owners and mortgagees of record and lienors. If any such owner,

mortgagee or lienor cannot with due diligence be served personally

within the city where the property is located and within the time fixed

in such order, then service may be made on such persons by posting a

copy thereof in a conspicuous place on the premises where the nuisance

exists, and by sending a copy thereof by registered mail, return receipt

requested, to the owner at the last address registered by him with the

department, or in the absence of such registration, to the address set

forth in the last recorded deed with respect to said premises, or, in

the case of a mortgagee or lienor, to the address set forth in the

recorded mortgage or lien and by publication in a newspaper of general

circulation in the county where such premises are located, which

newspaper, if there is an official law paper for such county, shall be

such official law paper. Service shall be deemed complete on filing

proof of service thereof in the office of the clerk of the court in

which such application is made.

2. If the condition constituting the nuisance is such that unless

immediately cured irreparable damage may be caused to the building or it

constitutes an imminent danger to its occupants, or the occupants of

adjoining properties then the order to show cause may be returnable in

the discretion of the court in less than five days, and in such case,

service may be made on the owner, mortgagee and lienor by posting a copy

thereof in a conspicuous place on the premises where the nuisance exists

and by mailing a copy in the case of the owner to the address filed with

the department and in the case of the mortgagee and lienor to the

address recorded. If a receiver be appointed as hereinafter provided,

and service shall not have been made in accordance with subparagraph

one, then his appointment shall be temporary only and expire not more

than thirty days thereafter unless, prior to the expiration of such

thirty days, the department shall serve notice on the owner, mortgagees

and lienors in the manner provided for in subparagraph one hereof of

intention to apply to the court at a date fixed in such notice and not

less than five days after the service of such notice, for an extension

of said receivership. In such event the period of the appointment of the

temporary receiver shall be deemed to be extended for a further period

of fifteen days. In addition to the requirements set forth in

subparagraph one, such notice shall also contain a statement of any

expenditures made or obligations incurred by the receiver during the

period of his temporary appointment. On the date fixed in such notice,

the court shall determine whether or not to extend the period of

receivership and such determination shall be made as if the application

were an original one for the appointment of a receiver, pursuant to

subparagraph one.

3. On the return of said order to show cause, determination shall have

precedence over every other business of the court unless the court shall

find that some other pending proceeding, having a similar statutory

precedence, shall have priority. If the court shall find that the facts

stated in such application warrant the granting thereof, then the

commissioner or chief executive of the bureau or department of real

estate of the municipality shall be appointed receiver of the rents,

issues and profits of the property. However after determination of the

issue if the owner or any mortgagee or lienor or other person having an

interest in the property shall apply to the court to be permitted to

remove or remedy the conditions constituting the nuisance and shall (1)

demonstrate the ability promptly to undertake the work required; and (2)

post security for the performance thereof within the time, and in the

amount and manner, deemed necessary by the court, then the court may in

lieu of appointing such receiver issue an order permitting such person

to perform the work within a time fixed by the court. If at the time

fixed in the order the conditions constituting the nuisance have not

been satisfactorily remedied or removed, then the court shall appoint

such receiver. If after the granting of an order permitting a person to

perform the work but before the time fixed by the court for the

completion thereof it shall appear to the department that the person

permitted to do the same is not proceeding with due diligence, then the

department may apply to the court on notice to those persons who have

appeared in the proceeding for a hearing to determine whether such

receiver shall be appointed immediately. On the failure of any such

owner, mortgagee, lienor or other person having an interest in the

property to complete the work in accordance with the provisions of said

order, the department, or any such receiver thereafter appointed shall

be reimbursed for costs incurred by him in removing or remedying the

condition and other charges herein provided for out of such security.

d. 1. Any receiver appointed pursuant to this subdivision shall have

all of the powers and duties of a receiver appointed in an action to

foreclose a mortgage on real property, together with such additional

powers and duties as herein granted and imposed. The receiver shall with

all reasonable speed remedy the nuisance and remove all the delinquent

matters and deficiencies in the dwelling including those constituting a

fire hazard or a threat to life, health or safety and may, in addition

to ordinary repairs, maintenance and replacement, make other

improvements to effect a rehabilitation of the property, in such fashion

as is consistent with maintaining safe and habitable conditions over the

remaining useful life of the dwelling. He shall have the power to let

contracts therefor or incur expenses in accordance with the provisions

of local laws, ordinances, rules and regulations applicable to contracts

for public works except that advertisement shall not be required for

each such contract. Notwithstanding any such laws, ordinances, rules or

regulations, the receiver may let contracts or incur expenses for

individual items of repairs, improvements or supplies without the

procurement of competitive bids where the total amount of any such

individual item does not exceed twenty-five hundred dollars. The

receiver shall not be required to file any bond. He shall collect the

accrued and accruing rents, issues and profits of the dwelling and apply

the same to the cost of removing or remedying such nuisance, to the

making of such other improvements as aforestated, to the payment of

expenses reasonably necessary to the proper operation and management of

the property, including insurance and the fees of the managing agent,

and the necessary expenses of his office as receiver, the repayment of

all monies advanced to the receiver by the department of real estate to

cover the costs incurred by the receiver and interest thereon; and then,

if there be a surplus, to unpaid taxes, assessments, water rents, sewer

rents and penalties and interest thereon, and then to sums due to

mortgagees or lienors. If the income of the property shall be

insufficient to cover the cost of remedying or removing such nuisance,

or to making of such other improvements as aforestated, or of the

expenses reasonably necessary to the proper operation and management of

the property and other necessary expenses of the receiver, the

department of real estate shall advance to the receiver any sums

required to cover such cost and expenses and thereupon shall have a lien

against the property having the priority provided in paragraph e for any

such sums so advanced with interest thereon.

2. Nothing herein contained shall be deemed to relieve the owner of

any civil or criminal liability incurred or any duty imposed by this

chapter by reason of acts or omissions of the owner prior to the

appointment of any receiver hereunder, nor shall anything contained

herein be construed to suspend during the receivership any obligation of

the owner for the payment of taxes or other operating and maintenance

expenses of the dwelling nor of the owner or any other person for the

payment of mortgages or liens.

3. The receiver shall be entitled to the same fees, commissions and

necessary expenses as receivers in actions to foreclose mortgages. Such

fees and commissions shall be paid into the fund created pursuant to

subdivision nine of this section. The receiver shall be liable only in

his official capacity for injury to person and property by reason of

conditions of the premises in a case where an owner would have been

liable; he shall not have any liability in his personal capacity. The

personnel and facilities of the bureau or department of real estate and

the corporation counsel shall be availed of by the receiver for the

purpose of carrying out his duties as such receiver and the cost of such

services shall be deemed a necessary expense of the receiver.

4. The receiver shall be discharged upon rendering a full and complete

accounting to the court when such condition has been removed and the

cost thereof and all other costs authorized by this paragraph have been

paid or reimbursed from the rents and income of the dwelling and the

surplus money, if any, has been paid over to the owner or the mortgagee

or lienor as the court may direct. However, at any time, the receiver

may be discharged upon filing his account as receiver without affecting

the right of the department of real estate to its lien. Upon the removal

of such condition, the owner, the mortgagee or any lienor may apply for

the discharge of the receiver upon payment to the receiver of all moneys

expended by the receiver for removal of such condition and all other

costs authorized by this paragraph which have not been paid or

reimbursed from the rents and income of the dwelling.

5. Anything herein contained to the contrary notwithstanding, a

temporary receiver appointed on the return of an order to show cause

served only in accordance with subparagraph two of paragraph c of this

subdivision shall not, without express order of the court, make any

repairs or improvements to the property or incur any expenses in the

operation thereof during the period of his temporary appointment except

such as may be necessary to remedy or remove the immediate condition

which called for his appointment and to the ordinary operation and

maintenance of the property. For such specific purpose the receiver

shall be entitled to let such contracts and undertake such expenses as

may be necessary to accomplish the specific results without

advertisements and without procuring competitive bids.

e. Any lien of a receiver, in favor of the department of real estate,

arising under this section shall have priority over all other mortgages,

liens and encumbrances of record except taxes and assessments levied

pursuant to law.

f. Failure to serve a copy of the order and notice required in the

manner specified by paragraph e of subdivision one and paragraph a of

this subdivision, or failure to serve any mortgagee or lienor with a

copy of the order to show cause as required by subparagraph one of

paragraph c of this subdivision shall not affect the validity of the

proceeding or the appointment of a receiver, but the rights of the

department of real estate or of the receiver shall not in such event be

superior in any way to the rights of any mortgagee or lienor who shall

not have been served as provided herein.

g. Any mortgagee or lienor who at his expense remedies or removes the

nuisance to the satisfaction of the court pursuant to the provisions of

subparagraph three of paragraph c of this subdivision shall have and be

entitled to enforce a lien equivalent to the lien granted to the

receiver in favor of the department of real estate hereunder. Any

mortgagee or lienor who, following the appointment of a receiver by the

court, shall reimburse the receiver and the department of real estate

for all costs and charges as hereinabove provided shall be entitled to

an assignment of the lien granted to the receiver in favor of the

department of real estate.

6. When the department shall have executed any order so far as it may

require, the department shall file among its records such order and an

affidavit stating with fairness and accuracy in general terms the items

of expense and the date of execution of such order. When it shall appear

that such execution, or the expenses thereof, related to several

premises belonging to different persons, such affidavit shall state what

part belongs to or arose in respect to each of the premises as the

department may direct. The department may revise the correctness of such

apportionment of expenses as truth and justice may require.

7. a. Whenever the department shall sue for the expenses involved in

the execution of any order, it may join in the same suit any claim for

any penalty for the violation of any provisions of this chapter. Joint

or several judgments may be had against one or more of the defendants in

the suit, as they or any of them may be liable in respect of all or any

of such claims. The expenses of executing such an order, and any

judgment in any abatement suit provided for in this chapter, and the

several judgments that may be recovered for any such penalties and

expenses, until the same are paid or discharged shall be a lien like

other judgments, and also a lien and charge upon rent and compensation

due or then maturing from any tenant or occupant of the dwelling and

premises or parts thereof to which any such order or judgment relates,

or in respect of which any such expenses were incurred.

b. The department may serve a copy of an order or a transcript of a

judgment and any affidavit showing the expense of execution upon any

person who owes or is about to owe any rent or compensation for the

occupancy of any premises to which such order or judgment relates, and

in respect of which such expenses were incurred. The department may, at

any time after such service, demand in writing that such rent or

compensation to the extent of such claim shall, when such rent or

compensation becomes due and payable, be paid to the department and such

person shall thereupon become obligated to pay the same. A receipt shall

be given for each such payment stating on account of what order or

judgment and expenses it has been received. The amount so received shall

be deposited wherever other funds of the department are kept. If a

special fund has been created and maintained, as provided in section

three hundred four, such payments shall be deposited to the credit of

such fund.

c. Any person refusing or omitting to make such a payment after such

service and demand may be sued therefor by the department. Such person

shall not in such suit dispute the authority of the department to incur

or order such expenses or the validity or correctness of such expenses

or judgment in any particular, or the right of the department to have

the same paid from such rent or compensation. The receipt of the

department for any sum so paid shall, in all suits and proceedings and

for every purpose, be as effectual in favor of any person holding the

same as actual payment of the amount thereof to the owner or other

person on persons who would, but for the provisions of this section and

of such demand, have been entitled to receive the sum so paid. No tenant

or occupant of any premises shall be dispossessed or disturbed, nor

shall any lease or contract or rights be forfeited or impaired, nor any

forfeiture or liability be incurred, by reason of any omission to pay to

any owner, contractor or other person any sum so paid to the department.

8. The department shall retain any money so paid until twelve days

after it has received evidence by satisfactory affidavit that the party

or parties, or his or their agent, who but for the provisions hereof

would have been entitled to receive the same, has had written notice of

such payment being made, which notice shall be served in the manner

provided by this chapter for the service of an order. If at the end of

such twelve days the party or parties so notified have not instituted

suit to recover such money the department shall pay it to the fiscal

officer of the city. If a special fund has been created and maintained

as provided in section three hundred four, the fiscal officer shall

deposit such money to the credit of such fund.

9. The expenses incurred by the receiver in removing or remedying a

condition pursuant to the provisions of this section shall be met from a

fund to be known as the multiple dwelling section three hundred nine

operating fund. Such fund shall consist of such amounts as may be

appropriated by the board of estimate or other analogous appropriating

body of the city. Such fund shall be maintained in a separate account by

the department of real estate and expenditures therefrom may be made by

the receiver to meet the costs of removing or remedying such conditions,

subject to audit by the comptroller or chief fiscal officer of the city.

The receiver shall repay the amounts so expended to such fund from the

proceeds of any amounts recovered pursuant to the provisions of this

section. In the event that the amount in such fund is insufficient for

such purposes and if no appropriation or an insufficient appropriation

has been made therefor, the expenses incurred by the receiver in

removing or remedying such conditions may be met from the proceeds of

the sale of bonds issued in accordance with the provisions of the local

finance law.

In the event that the amounts from time to time in such fund exceed

two hundred thousand dollars ($200,000), such excess may be applied to

the payment of the principal and interest due upon any bonds issued

pursuant to this subdivision, or, if no such bonds are outstanding, any

such excess may be transferred to the general fund of the city.

10. Reference in this section to a bureau or department of real estate

or to a commissioner or chief executive of a bureau or department of

real estate of a municipality, when used in connection with or affecting

either a receiver or a multiple dwelling in the city of New York, shall

be construed to mean the department or commissioner of housing

preservation and development or the department or commissioner of

buildings, or both such departments or commissioners, as the case may

be, of the city of New York.

11. a. Notwithstanding any other provision of law, where a repair has

been made by the department pursuant to this section, or any other law,

to abate a hazardous condition or correct any violation of this chapter,

or any other state or local law, which arises from the existence of lead

based paint, the department may, in whole or in part, waive its right to

a lien on the affected premises and repayment of such expenses and

disbursements as were necessary to abate such hazardous conditions or

correct such violation of law. The department shall promulgate rules

setting forth the standards for such waivers.

b. Notwithstanding any other provision of law, where there is a

hazardous condition or violation of this chapter or other state or local

law which arises from the existence of lead based paint, the department

may make grants or loans to owners for the expenses, in whole or in

part, of abating such hazardous condition or correcting such violation

of law. The department shall promulgate rules setting forth the

standards for such grants or loans.