N.Y. Uniform City Court Act § 203: Actions involving real property

§ 203. Actions involving real property.

(a) The court shall have jurisdiction of the following actions

provided that the real property involved is located in whole or in part

within the city:

(1) An action for the establishment of a mechanic's lien on real

property to recover a personal judgment for the amount due, where the

lien asserted does not, at the time the action is commenced, exceed

$15,000.

(2) An action brought to impose and collect a civil penalty for a

violation of state or local laws for the establishment and maintenance

of housing standards, including, but not limited to, the multiple

dwelling law, the multiple residence law, and any applicable local

housing maintenance codes, building codes and health codes.

(3) An action to recover costs, expenses and disbursements incurred by

any political subdivision of the state in the elimination or correction

of a nuisance or other violation of any law described in paragraph (2)

of this subdivision, or in the removal or demolition of any building

pursuant to such law or laws.

(4) An action or proceeding to establish, enforce or foreclose a lien

upon real property and the rents therefrom, for civil penalties or for

costs, expenses and disbursements incurred by any political subdivision

of the state in the elimination of a nuisance or other violation of any

law described in paragraph (2) of this subdivision, or in the removal or

demolition of any building pursuant to such law or laws.

(5) Actions or proceedings for the removal of housing violations

recorded pursuant to any law described in paragraph (2) of this

subdivision, or for the imposition of such violation or for the stay of

any penalty thereunder.

(6) An action or proceeding for the issuance of an injunction,

restraining orders or other orders for the enforcement of housing

standards under any law described in paragraph (2) of this subdivision.

(7) Special proceedings to vest title in any political subdivision of

the state to abandoned multiple dwellings.

(8) Actions and proceedings under article 7-A of the real property

actions and proceedings law, and all summary proceedings to recover

possession of residential premises to remove tenants therefrom, and to

render judgment for rent due, including without limitation those cases

in which a tenant alleges a defense under § 755 of the real property

actions and proceedings law, relating to stay of proceedings or action

for rent upon failure to make repairs and § 302-a of the multiple

dwelling law, as applicable, relating to the abatement of rent in case

of certain violations of local housing codes.

(9) Proceedings for the appointment of a receiver of rents, issues and

profits of buildings in order to remove or remedy a nuisance or to make

repairs required to be made under such laws.

The department of any political subdivision of the state charged with

enforcing the multiple dwelling law, multiple residence law, housing

maintenance code, and other state and local laws applicable to the

enforcement of proper housing standards may commence any action or

proceeding described in paragraphs (2), (3), (4), (5), (6), and (9) of

this subdivision by an order to show cause, returnable within five days,

or within any other time in the discretion of the court. Upon the

signing of such order, the clerk of the city court shall issue an index

number.

(b) On the application of a department of any political subdivision of

the state, any party, or on its own motion, the city court, shall,

unless good cause is shown to the contrary, consolidate all actions and

proceedings pending in such part as to any building.

(c) Regardless of the relief originally sought by a party the court

may recommend or employ any remedy, program, procedure or sanction

authorized by law for the enforcement of housing standards, if it

believes said remedy, program, procedure or sanction will be more

effective to accomplish compliance or to protect and promote the public

interest; provided in the event any such proposed remedy, program or

procedure entails the expenditure of monies appropriated by any

political subdivision of the state, other than for the utilization and

deployment of personnel and services incidental thereto, the court shall

give notice of such proposed remedy, program or procedure to the

department of such political subdivision that is charged with the

enforcement of local laws relating to housing maintenance and shall not

employ such proposed remedy, program or procedure, as the case may be,

if such department shall advise the court in writing within the time

fixed by the court, which shall not be less than fifteen days after such

notice has been given, of the reasons such order should not be issued,

which advice shall become part of the record. The court may retain

continuing jurisdiction of any action or proceeding relating to a

building until all violations of law have been removed.

(d) In any of the actions or proceedings specified in subdivision (a)

of this section and on the application of any party, a department of any

political subdivision of the state or the city court, on its own motion,

may join any other person or department of any political subdivision of

the state as a party in order to effectuate proper housing maintenance

standards and to promote the public interest.