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This entry was published on 2019-05-03
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SECTION 203
Actions involving real property
Uniform City Court Act (UCT) CHAPTER 497, ARTICLE 2
§ 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.