Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 203
Actions involving real property
Uniform District Court Act (UDC) CHAPTER 565, 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 a district of the court
in the county:

(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 located in whole or in part
within a district of the court 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 located in whole or in part within a district of the court
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 located in whole or in part within a district of the court 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 located in
whole or in part within a district of the court 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 at the discretion of the court. Upon the signing of such order, the
clerk of the district court shall issue an index number.

(b) On the application of any department of any political subdivision
of the state located in whole or in part within a district of the court,
any party, or on its own motion, the district 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 located in whole or in part within a
district of the court, 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 located within a district of the
court or the district court, on its own motion, may join any other
person or department of any political subdivision of the state located
within a district of the court as a party in order to effectuate proper
housing maintenance standards and to promote the public interest.