N.Y. Public Health Law § 1374: Receivership

§ 1374. Receivership. 1. In the event of failure to comply with an

order issued pursuant to this title and containing provision for such

application, the officer issuing the order may apply to a court of

competent jurisdiction in the county wherein the dwelling is located for

an order appointing such officer or his designee receiver of the rents

of such dwelling for the purpose of effectuating the provisions of such

order.

2. An application for appointment of a receiver hereunder shall be on

at least ten days' notice to the owner of the dwelling, effected in the

same manner as in an action to foreclose a mortgage. A receiver

appointed hereunder shall not have any right superior to those of any

mortgagee or lienor of record who has not had at least ten days' notice,

by personal service or registered or certified mail, of the application

for appointment of a receiver.

3. A receiver appointed hereunder shall have the power to collect the

accrued and accruing rents of the dwelling and shall apply such

collected rents to costs and expenses incurred in connection with (a)

removing, replacing, repainting and covering surfaces of the dwelling

necessary to effectuate the provisions of the order of abatement, (b)

interim operation and management of the dwelling, (c) administration of

the receivership.

4. As soon as practicable after completion of his duties, the receiver

shall render a full accounting to the court and, upon payment over of

any surplus moneys to the owner or other persons as the court may

approve or direct and upon the order of the court, he shall be relieved

of any further responsibility or liability in connection with his

receivership.