STATE OF NEW YORK
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7934
IN SENATE
May 26, 2016
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Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed 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:
1 Section 1. Section 1505 of the New York city civil court act, as
2 amended by chapter 523 of the laws of 1965, is amended to read as
3 follows:
4 § 1505. Execution to be levied against real property.
5 (a) An execution out of this court may not be levied against real
6 property. In order for an execution on a judgment of this court to be
7 levied against real property, a transcript of such judgment must be
8 filed with the county clerk of the county wherein judgment was entered,
9 pursuant to [§ 1502] section fifteen hundred two of this act. After such
10 transcripting, [CPLR § 5018 (a)] subdivision (a) of section five thou-
11 sand eighteen of the civil practice law and rules shall be applicable
12 and the judgment enforceable accordingly. This shall not be construed to
13 prevent the issuance of an execution out of this court, pursuant and
14 subject to [§ 1504] section fifteen hundred four of this act, after such
15 transcripting.
16 (b) Notwithstanding the provisions of this article or any other
17 provision of law, except for the provisions of rule five thousand
18 fifteen and section three hundred seventeen of the civil practice law
19 and rules, in a city of a million or more, when the department charged
20 with the enforcement of the housing maintenance code of such city or its
21 authorized representative obtains a judgment in an action or proceeding
22 brought by such department or its authorized representative under arti-
23 cle two of subchapter five of chapter two of title twenty-seven of the
24 administrative code of the city of New York, the judgment for civil
25 penalties shall constitute a charge recoverable from the owner and a
26 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
S. 7934 2
1 thereof when the amount of any part of such judgment remains unpaid for
2 a period of one year from the date that the transcript of the judgment
3 is filed. The provisions of article eight of subchapter five of chapter
4 two of title twenty-seven of the administrative code of the city of New
5 York shall govern the effect and enforcement of such lien; provided,
6 however, that with respect to such lien, any reference to costs,
7 expenses or disbursement of the department in such article shall be
8 construed to mean the judgment for civil penalties recoverable from the
9 owner and that section 27-2145 and subdivision a of section 27-2144 of
10 the administrative code of the city of New York shall not apply,
11 provided further that such judgment may not be challenged as provided
12 for in section 27-2146 of such code. Notice of the amount of such judg-
13 ment may be sent to such owner pursuant to section 11-129 of such code,
14 and such amount shall be due and payable as provided in such notice.
15 Such unpaid lien shall accrue interest, provided, however, that such
16 lien shall not be subject to foreclosure or sale by the city of one
17 million or more until it has remained unpaid for five years from the
18 entry of the judgment.
19 § 2. Section 27-2116 of the administrative code of the city of New
20 York is amended by adding a new subdivision (e) to read as follows:
21 (e) Notwithstanding the provisions of this section or any other
22 provision of law, except for the provisions of rule five thousand
23 fifteen and section three hundred seventeen of the civil practice law
24 and rules, when the department or its authorized representative obtains
25 a judgment in an action or proceeding under this article against an
26 owner, the judgment for civil penalties shall constitute a charge recov-
27 erable from the owner and a lien upon the building and lots, and upon
28 the rents and other income thereof when the amount or any part of such
29 judgment remains unpaid for a year of one year from the date that the
30 transcript of the judgment is filed. The provisions of article eight of
31 subchapter five of chapter two of this title shall govern the effect and
32 enforcement of such lien, provided, however, that with respect to such
33 lien, any reference to costs, expenses or disbursement of the department
34 in such article shall be construed to mean the judgment for civil penal-
35 ties recoverable from the owner and that section 27-2145 and subdivision
36 a of section 27-2144 of this subchapter shall not apply, and provided
37 further that such judgment may not be challenged as proved for in
38 section 27-2146 of this subchapter. Notice of the amount of such judg-
39 ment may be sent to such owner pursuant to section 11-129 of this code,
40 and such amount shall be due and payable as provided in such notice.
41 Such unpaid lien shall accrue interest, provided, however, that such
42 lien shall not be subject to foreclosure or sale by the city until it
43 has remained unpaid for five years from the entry of the judgment.
44 § 3. This act shall take effect immediately and shall apply to any
45 judgment made on or after such date in an action brought by the city of
46 New York or its authorized representative under article 2 of subchapter
47 5 of chapter 2 of title 27 of the administrative code of the city of New
48 York.
