Assembly Bill A10564

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10564

                          I N  A S S E M B L Y

                              June 3, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
  -- read once and referred to the Committee on Judiciary

AN ACT to amend the New York city civil court act and the administrative
  code of  the  city  of  New  York,  in  relation  to  enforcement  and
  collection  of judgments for civil penalties in an action in the hous-
  ing part of the New York city civil court

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1505  of  the  New York city civil court act, as
amended by chapter 523 of the laws  of  1965,  is  amended  to  read  as
follows:
  S 1505. Execution to be levied against real property.
  (A)  An  execution  out  of  this court may not be levied against real
property.  In order for an execution on a judgment of this court  to  be
levied  against  real  property,  a  transcript of such judgment must be
filed with the county clerk of the county wherein judgment was  entered,
pursuant to [S 1502] SECTION FIFTEEN HUNDRED TWO of this act. After such
transcripting,  [CPLR  S 5018 (a)] SUBDIVISION (A) OF SECTION FIVE THOU-
SAND EIGHTEEN OF THE CIVIL PRACTICE LAW AND RULES  shall  be  applicable
and the judgment enforceable accordingly. This shall not be construed to
prevent  the  issuance  of  an execution out of this court, pursuant and
subject to [S 1504] SECTION FIFTEEN HUNDRED FOUR of this act, after such
transcripting.
  (B) NOTWITHSTANDING THE  PROVISIONS  OF  THIS  ARTICLE  OR  ANY  OTHER
PROVISION  OF  LAW,  EXCEPT  FOR  THE  PROVISIONS  OF RULE FIVE THOUSAND
FIFTEEN AND SECTION THREE HUNDRED SEVENTEEN OF THE  CIVIL  PRACTICE  LAW
AND  RULES,  IN A CITY OF A MILLION OR MORE, WHEN THE DEPARTMENT CHARGED
WITH THE ENFORCEMENT OF THE HOUSING MAINTENANCE CODE OF SUCH CITY OR ITS
AUTHORIZED REPRESENTATIVE OBTAINS A JUDGMENT IN AN ACTION OR  PROCEEDING
BROUGHT  BY SUCH DEPARTMENT OR ITS AUTHORIZED REPRESENTATIVE UNDER ARTI-
CLE TWO OF SUBCHAPTER FIVE OF CHAPTER TWO OF TITLE TWENTY-SEVEN  OF  THE
ADMINISTRATIVE  CODE  OF  THE  CITY  OF NEW YORK, THE JUDGMENT FOR CIVIL
PENALTIES SHALL CONSTITUTE A CHARGE RECOVERABLE FROM  THE  OWNER  AND  A
LIEN  UPON  THE  BUILDING  AND LOTS, AND UPON THE RENTS AND OTHER INCOME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15646-01-6

A. 10564                            2

THEREOF WHEN THE AMOUNT OF ANY PART OF SUCH JUDGMENT REMAINS UNPAID  FOR
A  PERIOD  OF ONE YEAR FROM THE DATE THAT THE TRANSCRIPT OF THE JUDGMENT
IS FILED. THE PROVISIONS OF ARTICLE EIGHT OF SUBCHAPTER FIVE OF  CHAPTER
TWO  OF TITLE TWENTY-SEVEN OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK SHALL GOVERN THE EFFECT AND ENFORCEMENT  OF  SUCH  LIEN;  PROVIDED,
HOWEVER,  THAT  WITH  RESPECT  TO  SUCH  LIEN,  ANY  REFERENCE TO COSTS,
EXPENSES OR DISBURSEMENT OF THE DEPARTMENT  IN  SUCH  ARTICLE  SHALL  BE
CONSTRUED  TO MEAN THE JUDGMENT FOR CIVIL PENALTIES RECOVERABLE FROM THE
OWNER AND THAT SECTION 27-2145 AND SUBDIVISION A OF SECTION  27-2144  OF
THE  ADMINISTRATIVE  CODE  OF  THE  CITY  OF  NEW  YORK SHALL NOT APPLY,
PROVIDED FURTHER THAT SUCH JUDGMENT MAY NOT BE  CHALLENGED  AS  PROVIDED
FOR  IN SECTION 27-2146 OF SUCH CODE. NOTICE OF THE AMOUNT OF SUCH JUDG-
MENT MAY BE SENT TO SUCH OWNER PURSUANT TO SECTION 11-129 OF SUCH  CODE,
AND  SUCH  AMOUNT  SHALL  BE DUE AND PAYABLE AS PROVIDED IN SUCH NOTICE.
SUCH UNPAID LIEN SHALL ACCRUE INTEREST,  PROVIDED,  HOWEVER,  THAT  SUCH
LIEN  SHALL  NOT  BE  SUBJECT  TO FORECLOSURE OR SALE BY THE CITY OF ONE
MILLION OR MORE UNTIL IT HAS REMAINED UNPAID FOR  FIVE  YEARS  FROM  THE
ENTRY OF THE JUDGMENT.
  S  2.  Section  27-2116  of the administrative code of the city of New
York is amended by adding a new subdivision (e) to read as follows:
  (E) NOTWITHSTANDING THE  PROVISIONS  OF  THIS  SECTION  OR  ANY  OTHER
PROVISION  OF  LAW,  EXCEPT  FOR  THE  PROVISIONS  OF RULE FIVE THOUSAND
FIFTEEN AND SECTION THREE HUNDRED SEVENTEEN OF THE  CIVIL  PRACTICE  LAW
AND  RULES, WHEN THE DEPARTMENT OR ITS AUTHORIZED REPRESENTATIVE OBTAINS
A JUDGMENT IN AN ACTION OR PROCEEDING  UNDER  THIS  ARTICLE  AGAINST  AN
OWNER, THE JUDGMENT FOR CIVIL PENALTIES SHALL CONSTITUTE A CHARGE RECOV-
ERABLE  FROM  THE  OWNER AND A LIEN UPON THE BUILDING AND LOTS, AND UPON
THE RENTS AND OTHER INCOME THEREOF WHEN THE AMOUNT OR ANY PART  OF  SUCH
JUDGMENT  REMAINS  UNPAID  FOR A YEAR OF ONE YEAR FROM THE DATE THAT THE
TRANSCRIPT OF THE JUDGMENT IS FILED. THE PROVISIONS OF ARTICLE EIGHT  OF
SUBCHAPTER FIVE OF CHAPTER TWO OF THIS TITLE SHALL GOVERN THE EFFECT AND
ENFORCEMENT  OF  SUCH LIEN, PROVIDED, HOWEVER, THAT WITH RESPECT TO SUCH
LIEN, ANY REFERENCE TO COSTS, EXPENSES OR DISBURSEMENT OF THE DEPARTMENT
IN SUCH ARTICLE SHALL BE CONSTRUED TO MEAN THE JUDGMENT FOR CIVIL PENAL-
TIES RECOVERABLE FROM THE OWNER AND THAT SECTION 27-2145 AND SUBDIVISION
A OF SECTION 27-2144 OF THIS SUBCHAPTER SHALL NOT  APPLY,  AND  PROVIDED
FURTHER  THAT  SUCH  JUDGMENT  MAY  NOT  BE  CHALLENGED AS PROVED FOR IN
SECTION 27-2146 OF THIS SUBCHAPTER. NOTICE OF THE AMOUNT OF  SUCH  JUDG-
MENT  MAY BE SENT TO SUCH OWNER PURSUANT TO SECTION 11-129 OF THIS CODE,
AND SUCH AMOUNT SHALL BE DUE AND PAYABLE AS  PROVIDED  IN  SUCH  NOTICE.
SUCH  UNPAID  LIEN  SHALL  ACCRUE INTEREST, PROVIDED, HOWEVER, THAT SUCH
LIEN SHALL NOT BE SUBJECT TO FORECLOSURE OR SALE BY THE  CITY  UNTIL  IT
HAS REMAINED UNPAID FOR FIVE YEARS FROM THE ENTRY OF THE JUDGMENT.
  S  3.  This  act  shall take effect immediately and shall apply to any
judgment made on or after such date in an action brought by the city  of
New  York or its authorized representative under article 2 of subchapter
5 of chapter 2 of title 27 of the administrative code of the city of New
York.