This bill allows the city to impose tax liens on buildings which contain 20 or more dwelling units where the total value of all such judgments against the building is $60,000 or more, or a building which contains between 6 and 19 dwelling units, where the value of the judgments is $30,000 or more. The bill contains exceptions for the Department of Housing Preservation and Development’s preservation projects.
Local Law 53
Introduced by Council Members Kallos, Chin, Johnson, Levin, Levine, Menchaca, Mendez, Reynoso, Rosenthal, Rose, Lander, Lancman, Rodriguez, Richards, Van
Bramer, Williams, Perkins, Espinal, Torres, Dromm, Maisel, Ferreras-Copeland, Salamanca, Cohen and Vallone.
To amend the administrative code of the city of New York, in relation to building violations adjudicated before the office of administrative trials and hearings
Be it enacted by the Council as follows:
Section 1. Section 28-204.6 of the administrative code of the city of New York, as amended by local law number 94 for the year 2017, is amended to read as follows:
§ 28-204.6 Tax Lien. Enforcement of environmental control board judgments against owners for certain building code violations. Notwithstanding any provision of law to
the contrary, an environmental control board judgment against an owner for
[(i)] a building code violation with respect to
(i) a private dwelling, a wooden-framed single room occupancy multiple dwelling, or a dwelling with a legal occupancy of three or fewer dwelling units [or],(ii) a violation of
section 28-210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling units than are legally authorized by the certificate of occupancy or
if no certificate of occupancy is
(iii) a building that contains twenty or more dwelling required as evidenced by official records, units, or that contains any space classified in an occupancy group other
than occupancy group R, where the total value of all such judgments against such building is $60,000 or more,
or (iv) a building that contains only space classified in occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all
such judgments against such building is $30,000 or more, shall constitute a tax lien on the property named in the violation with respect to which such judgment was
rendered, as hereinafter provided. Such liens shall be entered and enforced as provided in this section 28-204.6.
Exception. Notwithstanding any provision of law to the contrary, an environmental control board judgment shall not constitute a tax lien on the property named in the
violation with respect to which such judgment was rendered where:
1. Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of
the administrative code within five years of such judgment.
2. Such property is the subject of a court order appointing an administrator pursuant to article 7-A of the real property actions and proceedings law in a case brought
by the department of housing preservation and development.
3. Such property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development
corporation for the purpose of rehabilitation that had closed within five years before such judgment.
§ 2. This local law takes effect 120 days after it becomes law, except that the commissioner of buildings and the commissioner of finance may promulgate rules or take
other actions for the implementation of this local law prior to such effective date.