§ 7-101 Bond to be executed by corporation counsel.
The corporation counsel shall execute a bond to the city, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of that office. Such bond shall contain one or more sureties, who shall be approved by the comptroller.
§ 7-102 Law department relieved from payment of fees to city, county or other officers.
It shall be unlawful for any salaried officer of the city or of the counties within the city or of any court exercising jurisdiction within the limits thereof, or for any public officer who is required by law to deposit the fees collected by his or her office in the city treasury, to receive from the law department or from any bureau thereof, any fee for levy, service or return of executions or other mandate or order, or for entering, filing, docketing, registering, recording or issuing any paper, record, mandate, precept or document required by law to be filed in or issued out of his or her office.
Every such officer must, upon application therefor, furnish to the law department or any bureau thereof, a certified or photostatic copy, extract or transcript of any paper, record, mandate, precept or document on file in his or her office, or of the return upon an execution, mandate or order, without receiving therefor the fee prescribed by law.
The law department or any bureau thereof shall file its notice of trial or note of issue or demand for a jury trial in any court in the city without being required to pay a trial or jury fee to any court clerk thereof.
§ 7-103 Corporation counsel.
It shall be unlawful for the corporation counsel or any of the corporation counsel’s assistants to appear as attorney or counsel in any action or litigation except in the discharge of his or her official duties, or to accept an appointment as referee or receiver in any action or proceeding.
§ 7-104 Legislative bills; local laws.
The corporation counsel shall prepare the draft of any bill to be presented by the city to the legislature for enactment, with a proper memorial for the passage thereof, and shall prepare such local laws as may be required by the council or any committee thereof.
§ 7-105 Actions and proceedings for recovery of penalties.
The assistant corporation counsel in charge of the recovery of penalties, subject only to the approval of the corporation counsel, may settle, compromise, adjust or discontinue any action brought to recover a penalty in the name of the city or any agency thereof, provided that the penalty sued for does not exceed the sum of two hundred fifty dollars.
§ 7-106 Collection of debts.
The comptroller shall direct legal proceedings to be taken when necessary to enforce payment of debts due to the city.
§ 7-107 Register of actions.
The corporation counsel shall keep in proper books, to be provided for that purpose, a register of all actions prosecuted or defended by the corporation counsel, and all proceedings had therein.
§ 7-108 Bond or other security on behalf of city; by whom executed.
In all actions or proceedings, in either the state or United States courts, in which the city or any department thereof shall be a party, an undertaking, bond, security, or stipulation which is required of the city as a condition to the obtaining of any legal remedy or process, or to the perfecting of an appeal or the stay of execution or other writ in the nature thereof, may be executed on behalf of the city by the comptroller, upon the advice of the corporation counsel that it should be executed, and in such form or manner as he or she may approve or advise.
§ 7-109 Corporation counsel; when the corporation counsel may appear for officer, subordinate, or employee of an agency.
The corporation counsel, in his or her discretion may appear, or direct any of his or her assistants to appear, in any action or proceeding, whether criminal or civil, which may be brought against any officer, subordinate or employee in the service of the city, or of any of the counties contained therein, by reason of any acts done or omitted by such officer, subordinate or employee, while in the performance of his or her duty, whenever such appearance is requested by the head of the agency in which such officer, subordinate or employee is employed or whenever the interests of the city require the appearance of the corporation counsel. The head of the agency in which such officer, subordinate or employee is employed shall submit all pertinent papers and other documents to the corporation counsel.
§ 7-110 Corporation counsel; representation and indemnification of district attorneys.
The district attorney and the employees of his or her office in each of the counties within the city shall be entitled to legal representation by the corporation counsel and indemnification by the city pursuant to the provisions of, and subject to the conditions, procedures and limitations contained in section fifty-k of the general municipal law.
§ 7-111 Online publication of city laws.
The corporation counsel shall make available through the city’s website a true and complete compilation of the charter, the administrative code, and the rules of the city of new york. Such compilation shall be in a searchable, machine-readable format or formats that are capable of being downloaded in bulk, and which are chosen for the purpose of making such compilations available to the greatest number of users and for the greatest number of applications. Such compilation shall be updated to reflect changes to such compilation no later than four weeks after such changes are made.
§ 7-112 Reporting on nuisance abatement actions.
Definitions. For the purposes of this section, the following terms have the following meanings:
Requesting entity. The term “requesting entity” means the governmental entity that requests a nuisance abatement action, except for the New York city police department.
Nuisance abatement action. The term “nuisance abatement action” means a civil proceeding brought by the corporation counsel pursuant to subchapter 2 of chapter 7 of this title, except for a proceeding brought at the request of the New York city police department.
Type of nuisance. The term “type of nuisance” means the public nuisance, as defined in a subdivision of section 7-703, intended to be abated by a nuisance abatement action.
Reporting. No later than January 31, 2018 and no later than each January 31 and July 31 thereafter, the law department shall post on its website, and provide notification of such posting to the council and the mayor, a report regarding nuisance abatement actions for the six-month period ending the month prior to the month during which such report is due. This report shall include, but not be limited to, the following information:
Nuisance abatement actions filed, in total and disaggregated by requesting entity and type of nuisance.
For all nuisance abatement actions, in total and disaggregated by requesting entity and type of nuisance:
(a) the number of temporary closing orders and temporary restraining orders sought and the number granted, in total and disaggregated by the type of order; and
(b) the number of applications for preliminary injunctions sought and the number granted.
§ 7-113 Civil actions regarding the department of correction.
No later than January 31, 2018 and no later than each July 31 and January 31 thereafter, the law department shall post on its website, and provide notification of such posting to the comptroller, the department of correction, the department of investigation, and the board of correction, the following information regarding civil actions filed in state or federal court against the department of correction or individual employees of the department of correction, or both, resulting from allegations of improper conduct, including, but not limited to, claims involving the use of force or assault and battery:
a list of civil actions filed against the department of correction or individual employees of the department of correction, or both, during the five-year period preceding each January 1 or July 1 immediately preceding such report;
for each action: (i) the court in which the action was filed, (ii) the name of the law firm representing the plaintiff, (iii) the name of the law firm or agency representing each defendant, (iv) the date the action was filed; and (v) whether the plaintiff alleged improper conduct, including, but not limited to, claims involving the use of force or assault and battery; and
if an action has been resolved: (i) the date on which it was resolved, (ii) the manner in which it was resolved, and (iii) whether the resolution included a payment to the plaintiff by the city and, if so, the amount of such payment.
§ 7-114 Civil actions regarding the police department.
No later than January 31, 2018 and no later than each July 31 and January 31 thereafter, the law department shall post on its website, and provide notice of such posting to the individual responsible for implementing the duties set forth in paragraph one of subdivision c of section 803 of the charter, the comptroller, the police department, the civilian complaint review board, and the commission to combat police corruption the following information regarding civil actions filed in state or federal court against the police department or individual police officers, or both, resulting from allegations of improper police conduct, including, but not limited to, claims involving the use of force, assault and battery, malicious prosecution, or false arrest or imprisonment:
a list of civil actions filed against the police department or individual police officers, or both, during the five-year period preceding each January 1 or July 1 immediately preceding each report;
for each such action: (i) the court in which the action was filed; (ii) the name of the law firm representing the plaintiff; (iii) the name of the law firm or agency representing each defendant; (iv) the date the action was filed; and (v) whether the plaintiff alleged improper police conduct, including, but not limited to, claims involving use of force, assault and battery, malicious prosecution, or false arrest or imprisonment; and
if an action has been resolved: (i) the date on which it was resolved; (ii) the manner in which it was resolved; and (iii) whether the resolution included a payment to the plaintiff by the city and, if so, the amount of such payment.
Chapter 2: Actions Against New York City
§ 7-201 Actions against the city.
In every action or special proceeding prosecuted or maintained against the city, the complaint or necessary moving papers shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims, upon which such action or special proceeding is founded, were presented to the comptroller for adjustment, and that the comptroller has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment, except that in every action or special proceeding in relation to excise or non-property taxes, such complaint or necessary moving papers shall contain an allegation that such demand, claim or claims upon which the action or special proceeding is founded, were presented to the commissioner of finance for adjustment and that the commissioner has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment.
An action against the city, for damages for injuries to real or personal property, or for the destruction thereof, alleged to have been sustained by reason of the negligence of, or by the creation or maintenance of a nuisance by the city, or any agency thereof, shall be commenced within one year after the cause of action therefor shall have accrued, provided that a notice of the intention to commence such action and of the time when and place where the damages were incurred or sustained, together with a verified statement showing in detail the property alleged to have been damaged or destroyed, and the value thereof, shall have been filed with the comptroller within six months after such cause of action shall have accrued.
As used in this subdivision:
(a) The term “street” shall include the curbstone, an avenue, underpass, road, alley, lane, boulevard, concourse, parkway, road or path within a park, park approach, driveway, thoroughfare, public way, public square, public place, and public parking area.
(b) The term “sidewalk” shall include a boardwalk, underpass, pedestrian walk or path, step and stairway.
(c) The term “bridge” shall include a viaduct and an overpass.
No civil action shall be maintained against the city for damage to property or injury to person or death sustained in consequence of any street, highway, bridge, wharf, culvert, sidewalk or crosswalk, or any part or portion of any of the foregoing including any encumbrances thereon or attachments thereto, being out of repair, unsafe, dangerous or obstructed, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition, was actually given to the commissioner of transportation or any person or department authorized by the commissioner to receive such notice, or where there was previous injury to person or property as a result of the existence of the defective, unsafe, dangerous or obstructed condition, and written notice thereof was given to a city agency, or there was written acknowledgement from the city of the defective, unsafe, dangerous or obstructed condition, and there was a failure or neglect within fifteen days after the receipt of such notice to repair or remove the defect, danger or obstruction complained of, or the place otherwise made reasonably safe.
The commissioner of transportation shall keep an indexed record in a separate book of all written notices which the city receives and acknowledgement of which the city gives of the existence of such defective, unsafe, dangerous or obstructed conditions, which record shall state the date of receipt of each such notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. This record shall be a public record. The record of each notice shall be maintained in the department of transportation for a period of three years after the date on which it is received and shall be preserved in the municipal archives for a period of not less than ten years.
Written acknowledgement shall be given by the department of transportation of all notices received by it.
§ 7-202 Power of comptroller to extend the time for commencement of suit upon claims.
Notwithstanding any other provision of law, the comptroller may, by stipulation in writing, agree with a claimant against the city, the board of education or any community college of the city university of New York, to extend the time of such claimant to commence suit upon a claim, the settlement of which is then pending before the comptroller, provided that such stipulation shall not extend the time within which such suit may be brought for a period or periods aggregating more than six months after the expiration of the time otherwise limited by law for the commencement of a suit upon such claim.
§ 7-203 Settlement of claims.
The comptroller may require any person presenting for settlement an account or claim, except a claim with regard to excise and non-property taxes, for any cause against the city or the board of education, to be sworn before the comptroller, any of the deputy comptrollers, or any officer or employee of the comptroller’s office or of the law department designated in a written instrument by the comptroller and filed in the comptroller’s office, touching such account or claim, and when so sworn, to answer orally as to any facts relative to the justness of such account or claim. Wilful false swearing before the comptroller, deputy comptroller or officer or employee designated to conduct such oral examination is perjury and punishable as such. In adjusting and settling such claims, the comptroller, as far as practicable, shall be governed by the rules of law and principles of equity which prevail in courts of justice. Claims against the city or against any of the counties contained within its territorial limits, or payable in the first instance from moneys in the city treasury for services rendered or work done or materials or supplies furnished, except:
claims reduced to judgment, or
awards, costs, charges and expenses duly taxed or ordered paid in judicial proceedings, or
claims arising under the provisions of contracts made at public letting in the manner provided by chapter thirteen of the charter and chapter one of title six of the code, or
claims settled and adjusted by the comptroller, pursuant to the authority of this section, shall not be paid unless an auditor of accounts shall certify that the charges therefor are just and reasonable.
Except as hereinbefore otherwise provided, all contracts with the city or any of such counties or with any public officer acting in its or their behalf, shall be subject to audit by the comptroller. The power hereby given to settle and adjust such claims shall not be construed to authorize the comptroller to dispute the amount of any salary established by or under the authority of any officer or department authorized to establish the same, nor to question the due performance of duties by such officer, except when necessary to prevent fraud. If in any action at law against the city to recover upon a claim not embraced within the exceptions specified in subdivision a the amount claimed by the plaintiff is in excess of the amount so audited and settled by the comptroller, the plaintiff must establish a claim by competent evidence of value, and no testimony shall be admitted to show a promise or agreement by any officer or employee of the city or of any of the counties contained within its territorial limits to pay any larger sum than the amount so audited or allowed by the comptroller.
§ 7-204 Settlement of claims.
The commissioner of finance may require any person presenting for settlement a claim in relation to excise and non-property taxes against the city to be sworn before the commissioner of finance, any of the deputy commissioners of finance, or any officer or employee of the department of finance or of the law department designated in a written instrument by the commissioner of finance and filed in the office of the commissioner, touching such claim, and when so sworn, to answer orally as to any facts relative to the justness of such claim. Wilful false swearing before the commissioner of finance, any deputy commissioner or officer or employee designated to conduct such oral examination is perjury and punishable as such. In adjusting and settling such claims, the commissioner of finance, as far as practicable, shall be governed by the rules of law and principles of equity which prevail in courts of justice.
§ 7-205 Comptroller to audit charges against city for costs, etc.
The comptroller, with the approval of the mayor, is authorized to audit and allow, as charges against the city, the reasonable costs, counsel fees and expenses paid or incurred, or which shall hereafter be paid or incurred by any commissioner or any judge of the civil or criminal courts of the city of New York who shall have been a successful party in any proceeding or trial to remove him or her from office, or who shall bring or defend any action or proceeding, in which the question of his or her title to office is in any way presented or involved, or in which it is sought to convict him or her, or to review or prohibit any such removal or to obtain possession of his or her office, or by any commissioner for the proper presentation and justification of his or her official conduct before any body or tribunal lawfully investigating the same, and not officially recommending his or her removal from office.
§ 7-206 Illegal claims; power of board of estimate to pay or compromise on equitable grounds.
The board of estimate may inquire into, hear and determine any claim against the city or any agency when the comptroller, or in the case of a claim against the board of education, the comptroller and the board of education, certifies in writing that such claim is illegal or invalid, but that it is equitable and proper that such claim be paid in whole or in part. If, upon such inquiry, the board of estimate, by a unanimous vote, determines that benefits have been received by the city or any agency and that public interests will best be served by payment or compromise thereof, it may authorize payment of such claim, and such claim shall thereupon be paid in such amount as the board shall determine to be just, in full satisfaction thereof, provided that the claimant shall execute a release, upon any such payment, in such form as shall be approved by the corporation counsel. The provisions of this section shall not authorize the audit or payment of any claim barred by the statute of limitations, nor any claim for services performed under an appointment in violation of any provision of the civil service law.
§ 7-207 Payment of bonds upon which suit is barred by lapse of time.
Notwithstanding any other provision of law, the comptroller shall pay the principal and interest upon bonds or other evidences of indebtedness issued by the city within twenty years after a cause of action has accrued on said bonds or other evidences of indebtedness issued by the city or interest thereon, suit upon which may be barred by the statute of limitations.
§ 7-208 Claims for injuries caused by police while executing legal process or sustained by persons injured while assisting in the apprehension of a criminal.
The board of estimate may inquire into, hear and determine any claim against the city wherein compensation is sought for the death of or injury to any person or persons:
which shall have been caused by a police officer of the city, while such officer is engaged in arresting or endeavoring to arrest any person or in retaking any person who has escaped from legal custody, or in executing any legal process, or
which shall have been caused by any person who is engaged in or who is in the act of leaving the scene of the commission of a felony or who is endeavoring to escape from a police officer or from legal custody, if such death was caused or injury received in assisting a police officer in the performance of the officer’s duties.
The board, by a unanimous vote, as a matter of grace and not as a matter of right, may award an amount recommended by the comptroller to be paid to the person or persons injured, or in the case of death to the person or persons who would be entitled to distribution under the provisions of EPTL 5-4.4 or any amendments thereto. As a condition precedent, however, to consideration by the board, such claim must be certified in writing to the board by the comptroller as an illegal or invalid claim against the city, but which in the comptroller’s judgment it is equitable and proper to pay in the amount certified by the comptroller; and provided, further, that a written petition stating all the essential facts in relation to such injury or death, signed by the injured person or persons, or in case of death by a person or persons entitled to receive the award or any part thereof, or by the personal representatives of a decedent, shall be filed with the comptroller within six months of the date of the occurrence which resulted in such injury or death. The provisions of this section shall not authorize the audit or payment of any claim barred by the statute of limitations.
§ 7-209 Issuance of execution.
Before execution may be issued upon any judgment recovered against the city ten days’ notice in writing of the recovery of such judgment shall be given to the comptroller.
§ 7-210 Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition.
It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.
Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk. This subdivision shall not apply to one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes.
Notwithstanding any other provision of law, the city shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks (other than sidewalks abutting one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes) in a reasonably safe condition. This subdivision shall not be construed to apply to the liability of the city as a property owner pursuant to subdivision b of this section.
Nothing in this section shall in any way affect the provisions of this chapter or of any other law or rule governing the manner in which an action or proceeding against the city is commenced, including any provisions requiring prior notice to the city of defective conditions.
§ 7-211 Personal injury and property damage liability insurance.
An owner of real property, other than a public corporation as defined in section sixty-six of the general construction law or a state or federal agency or instrumentality, to which subdivision b of section 7-210 of this code applies, shall be required to have a policy of personal injury and property damage liability insurance for such property for liability for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain the sidewalk abutting such property in a reasonably safe condition. The city shall not be liable for any injury to property or personal injury, including death, as a result of the failure of an owner to comply with this section.
§ 7-212 Authority to make payments for personal injury, including death, where abutting property owner liable pursuant to section 7-210 is uninsured.
Where a judgment for personal injury, including death, obtained against an abutting property owner pursuant to section 7-210 of this code is unsatisfied for a period of at least one year following entry of such judgment in the office of the county clerk of the county in which such property is situated and the judgment debtor has been determined by the comptroller after investigation to have no policy of liability insurance or other assets to satisfy such judgment, the comptroller, after consultation with the corporation counsel, is hereby authorized and empowered to make a payment for such personal injury, including death.
Any such payment shall be made in the discretion of the comptroller and shall not be made as a matter of right. The amount of such payment shall not exceed uncompensated medical expenses. Payment may be in a single payment, or may be made in periodic payments. No such payment or periodic payments shall exceed fifty thousand dollars in total with respect to any unsatisfied judgment and the total of all such payments for all judgments in any fiscal year shall not exceed four million dollars.
Petitions for a payment under this section shall be presented to the comptroller not less than one or more than three years following entry of such judgment in the office of the county clerk of the county in which such property is located. Each petition shall include evidence demonstrating (i) that efforts to collect the judgment have been pursued, and (ii) that the judgment debtor has no policy of liability insurance or other assets to satisfy the judgment.
Before the comptroller shall make such payment, he or she shall require the petitioner to execute an assignment of the judgment to the city. After assignment the city shall be entitled to enforce the judgment. To the extent that the city collects money on the judgment in excess of the payment or payments made to a petitioner pursuant to this section, such excess amount shall be paid to the petitioner after deducting the city’s expenses.
No payment shall be made under this section if it is determined that the unsatisfied judgment was obtained by fraud, or by collusion of the plaintiff and of any defendant in the action.
The comptroller shall, by rule, establish procedures for the presentation of petitions for payment pursuant to the provisions of subdivision c of this section, for the review of such petitions by that office and with respect to such other matters as are necessary to implement the provisions of this section.
Chapter 3: Board of Statutory Consolidation
§ 7-301 Board of statutory consolidation; powers and duties.
The board of statutory consolidation shall consist of the mayor, the comptroller, the public advocate and the corporation counsel. The board from among its members shall elect a chairperson, a vice-chairperson and a secretary. The members of such board shall serve as such members without compensation. The powers and duties of such board shall include the direction and control of the revision, simplification, consolidation, codification, restatement and annotation of the statutes, local laws, and departmental rules and regulations having the force of law affecting and relating to the government, affairs and property of the city and of the counties contained therein.
The revision, simplification, consolidation, codification, restatement and annotation herein provided for shall be carried on under the direction and control of such board by such counsel, assistant counsel and other persons as it shall designate and employ for that purpose. Compensation and necessary expenses shall be fixed by such board on the certification of the executive officer thereof as may be designated by such board and paid by the comptroller after audit by and on the warrant of such comptroller out of an appropriation that shall be made for such purpose. Such board is authorized and empowered, in its discretion, to keep and use the ledgers, documents, books, reports and all other papers and property of the codification division of the New York city charter revision commission, created by chapter eight hundred sixty-seven of the laws of nineteen hundred thirty-four.
The board shall cause its work to be printed from time to time, and may distribute copies of the same to such persons as it may deem fit for the purpose of obtaining their suggestions and advice in relation to such work. It shall report to the local legislative body of the city upon the progress of its work. It shall recommend for enactment to the legislature the statutes or to the local legislative body the local laws, and rules and regulations so revised, simplified, consolidated, codified, or restated and shall designate such statutes, or parts of statutes, as in its judgment should be repealed and shall recommend the enactment of any acts, or parts of acts, which such repeal may in its judgment render necessary. Such board shall have the power to cause to be published and to sell any such publication and to copyright annotations thereto, the proceeds of such sale to be paid into the city treasury.
The city is authorized to appropriate and make available to the board of statutory consolidation such sums of money as may be necessary to defray the expenses of such board to enable it to perform its duties under this section, upon the receipt of a requisition therefor stating the purposes for which such moneys are required.
Such board may, under its direction and control, delegate to the corporation counsel the duty of continuing the annotating and editing of such statutes, local laws, rules and regulations and of statutes, local laws, and rules and regulations hereafter enacted or adopted relating to the government, affairs and property of the city and the counties therein contained.
Nothing contained in section eleven hundred fifteen or in any other section of the charter or in any other law shall be construed to prevent such mayor, comptroller, public advocate and corporation counsel from serving on such board, nor shall it prevent any city or county officer of the city from serving on the staff of such board.
Chapter 4: Jurors
§ 7-401 Jurors fees.
In pursuance of section five hundred twenty-one of the judiciary law, it is hereby directed that the sum of twelve dollars be allowed to each grand juror and each trial juror for each day’s necessary attendance as such a juror at a term of any court of record of civil or criminal jurisdiction held within the city of New York; provided, however, that no such juror shall be so paid for attendance on any day on which the juror shall be excused from service at his or her own request.
§ 7-402 Fees to grand jurors.
Pursuant to section five hundred twenty-one of the judiciary law, where the term of a grand jury is extended by an order of the court, the sum of twelve dollars shall be allowed to each grand juror for each day’s necessary attendance by such grand juror during such extended term.
§ 7-403 Fees to grand jurors of extraordinary terms.
Pursuant to section five hundred twenty-one of the judiciary law, where a grand jury has been, or will hereafter be, empaneled to serve at an extraordinary and trial term of the supreme court of this state in any county within the city of New York, and where the term of such a grand jury continues for a period longer than thirty days from the date when such grand jury was empaneled and sworn, the sum of twelve dollars shall be allowed to each member of such grand jury for each day’s necessary attendance as a grand juror from and after the expiration of such thirty-day period and until such grand jury shall have been discharged by the court.
Chapter 5: City Sheriff
§ 7-501 Bond of sheriff.
Before entering upon the duties of office, the sheriff shall give a bond to the city and to whom it may concern in the sum of three hundred thousand dollars, with not less than three sufficient sureties, to be approved by the comptroller, conditioned that the sheriff shall well and faithfully in all things perform and execute the duties of the office of sheriff during his or her continuance in such office without fraud, deceit, or oppression, and that the sheriff shall in like manner well and faithfully account for all moneys received by him or her or his or her subordinates by virtue of the sheriff’s office. Such bond shall be filed in the office of the comptroller.
In case of any official misconduct, default, mistake or omission of duty on the part of the sheriff, an action upon such bond may be begun and prosecuted to judgment by the person or corporation injured or damaged by such official misconduct, default, mistake or omission of duty.
§ 7-502 Seal.
The sheriff is authorized to adopt a seal.
§ 7-503 Sheriff; accounting for fees.
The sheriff shall be paid a salary to be fixed by the mayor. All fees shall be the property of the city. All sums so received, except as otherwise provided by law, shall be deposited by the commissioner of finance, without deduction, in accordance with section fifteen hundred twenty-three of the charter.
§ 7-504 Statement of account to comptroller.
The sheriff, within ten days after the expiration of each calendar month, shall transmit to the comptroller a statement of the sheriff’s accounts in such form as the comptroller shall prescribe.
Such statement shall be verified by the oath of the sheriff. The verification of every account transmitted to the comptroller shall be to the effect that the same is a true transcript or summary of the accounts and the books of the office of the sheriff.
The comptroller may examine under oath the sheriff or any of the sheriff’s subordinates regarding the amount of moneys paid to and received by the sheriff and the sheriff’s subordinates, in their official capacity, and regarding any statements contained in the certified transcript and return. An order for such examination must be granted by a justice of the supreme court whenever an application shall be made therefor by such comptroller and such examination shall take place before such justice.
§ 7-505 Penalty for failure to account to comptroller.
If the sheriff or any of the sheriff’s subordinates shall receive for their own use or neglect to account for any moneys belonging to the city, or if the sheriff shall neglect to render to the comptroller an account of the moneys which he or she has received or is entitled to receive in his or her official capacity or to pay over the same as herein required, or if the sheriff or any of the sheriff’s subordinates shall make a false statement in such certified transcript and return or shall swear falsely upon an examination by the comptroller, the sheriff or any such subordinate shall be deemed guilty of a misdemeanor and punishable with a fine of not less than five hundred dollars nor exceeding five thousand dollars or imprisonment for a period of not less than three months nor exceeding five years, or both, at the discretion of the court before whom the sheriff or any such subordinate may be convicted. Such convicted officer or subordinate shall also forfeit any sum that may be due him or her on account of salary and shall be liable to the city in a civil action for all moneys so received and not accounted for and not paid over into the treasury of the city as required by law.
§ 7-506 Disposition of moneys collected.
All moneys collected by the sheriff or any of the sheriff’s subordinates in any action or proceeding except fees authorized by law shall be paid to the party or parties to whom they are directed to be paid. When the sheriff is not so directed all such monies shall be deposited by the commissioner of finance in the court and trust fund accounts maintained by the commissioner of finance in accordance with applicable law. The money so deposited shall be withdrawn only on an order of the court on notice to the commissioner of finance and all parties who have appeared in the action or proceeding.
§ 7-507 Sheriff’s books and records.
The sheriff shall keep in proper books or records, in such form as the comptroller shall prescribe, an exact account of all fees actually received by the sheriff or the sheriff’s subordinates for any service done in their official capacity.
§ 7-508 Sheriff’s sale.
Auctioneer; fees.
Whenever the sheriff is required by law to sell real or personal property, he or she may, and if requested in writing by any party or by the attorney of any party to the action or proceeding in which such sale be made, the sheriff must cause such sale to be made through an auctioneer. Such auctioneer shall be selected by the sheriff, except where the attorneys of such of the parties as have appeared in the action or proceeding in which such sale is to be made in writing name an auctioneer, subject to the approval of the sheriff, in which event the sale must be made by the sheriff through such autioneer. In the event of disapproval by the sheriff, the sale must be made by an auctioneer selected by the sheriff.
Such sheriff is authorized and directed to withhold from the proceeds of the sale a sum which would be sufficient to compensate the auctioneer for services rendered in conducting such sale, together with all necessary disbursements of such auctioneer as may be approved by the sheriff or by the attorneys for the parties to such action or proceeding, and to pay over such sum to such auctioneer. In no case shall such auctioneer’s fee exceed the customary market rate of auctioneers’ fees for similar services.
If the sheriff or any of the parties shall object to the fees and disbursements claimed by the auctioneer, such fees and disbursements shall be taxed by the court upon the application of the sheriff or of the auctioneer or of any of the parties who have appeared in the action or proceeding on two days’ notice by the party desiring such taxation to be given to all of the other parties last mentioned.
Advertisement; cost. The sheriff shall himself or herself, or through the auctioneer designated to conduct the sale, cause to be advertised every sale of personal property to be made under any process or mandate of the court in not exceeding two daily newspapers, except in the sale of perishable property, in which case the court, upon application of the sheriff, may direct the sale thereof at such a time and upon such a notice as it deems proper. Such advertisement shall be made for such a time as the sheriff shall deem sufficient and ample to give proper notice to the public of the sale for the purpose of realizing the highest price for the property to be sold. Such advertisements shall be printed in a daily newspaper or daily newspapers published in the city in addition to the public posting of notice of such sale now required by law. The sheriff shall retain the cost of such advertising from the proceeds of the sale and shall pay the newspaper or newspapers in which such advertisement shall be printed.
Deductions for expenses; record.
The sheriff shall also deduct from the proceeds of the sale the amounts paid by the sheriff or to be paid for cartage and for the transportation of the goods, as well as such sums paid to keepers or custodians or for storage of the property as hereinafter provided, together with the sums paid by the sheriff for insurance or expended necessarily in the protection and preservation of the property.
It shall be the duty of the sheriff after having paid over the proceeds of the sale to the parties in interest, less the amounts by this section authorized to be deducted from such proceeds, to enter in a proper book or record, to be kept for that purpose, under the title of the action in which such sale is made, the time and place of such sale, the name of the auctioneer who effected such sale and an itemized statement of the amount for which such goods are sold, the amount received therefor and the disbursements made by such sheriff under the authority of this section.
The sheriff shall keep vouchers or receipts for such payments regularly filed under the title of the action under which such sale has been effected at all times on file in the sheriff’s office. The same shall at all times during office hours be open to inspection as public records.
Whenever the sheriff deems it necessary, may require that the party directing the sale advance any or all of the costs and disbursements provided for in this section, in which event the sheriff shall repay the same out of the proceeds, if any, of the sale.
§ 7-509 Storage of property; payment.
The sheriff is authorized to store any goods or property for the safe keeping of which the sheriff may at any time be responsible, or to designate proper and competent persons to act as keepers or custodians of such goods or property, and to fix the salary of such keepers subject to review by a justice of the supreme court.
§ 7-510 Inquiry for enforcement of judgments owed to the city.
The sheriff shall be empowered to make an inquiry to determine whether a judgment debtor of the city has sufficient assets and property, including any debts owed to a judgment debtor, to pay the judgment. In connection with such an inquiry, the sheriff is authorized to issue subpoenas to compel the attendance of witnesses and the production of documents, to administer oaths and to examine such persons as he or she may deem necessary.
§ 7-513 Counsel. [Repealed]
The term “fees”, as used in this chapter, shall include all percentages, commissions, compensations, poundages, perquisites, and emoluments of any nature which the sheriff or any of the sheriff’s subordinates may receive by virtue of their office.
§ 7-515 Additional hours.
The sheriff’s subordinates or employees may be ordered to serve during any additional hours as the proper performance of the duties of the office requires.
Whenever the last day on which any paper is required to be filed or delivered or any act is required to be done or performed in such office expires on Saturday, Sunday or a public holiday, the time therefor is hereby extended to and including the next business day.
§ 7-516 Construction clause.
Any law, rule, regulation, contract or other document which refers or is applicable to the sheriff of any of the counties in the city shall refer to the office of the city sheriff in such county, except that any provision, in any law, rule, regulation, contract or other document relating to the custody and transportation of prisoners held for any cause in criminal proceedings in any county within the city, heretofore applicable to any sheriff of any of the counties within the city, shall apply to the department of correction.
Chapter 6: City Register
§ 7-601 Register; bond.
The register, before entering upon the duties of office, shall give a bond to the city and to the people of the state of New York in the sum of eighty thousand dollars, with not less than two sufficient sureties to be approved by the comptroller, conditioned that the register will faithfully discharge the duties of such office and all trusts imposed upon him or her by law by virtue of the register’s office, including all duties in connection with the tax on mortgages as prescribed by article eleven of the tax law. Such bond shall be filed in the office of the comptroller.
In case of any official misconduct, default, neglect or omission of duty on the part of the register, an action upon such bond may be brought and prosecuted to judgment by the person or corporation injured or damaged by such official misconduct, default, neglect or omission of duty.
§ 7-602 Bond of deputies, assistants, clerks and other subordinate employees.
The register shall require from any deputy, assistant, clerk, employee or other subordinate a bond in such sum and with such sureties as may be approved by him or her and the comptroller, which bond shall run to the register, the city and to whom it may concern, and shall be conditioned for the faithful performance of his or her duty. Each such bond shall be filed with the comptroller.
§ 7-603 Seal.
The register is authorized to adopt a seal.
§ 7-604 Register; accounting for fees.
The register shall be paid a salary to be fixed by the mayor. All fees shall be the property of the city. All sums so received shall be paid to the commissioner of finance monthly without deduction. The additional fee of twenty dollars for recording any instrument required by New York state statute to be recorded pursuant to subdivision one of section 7-614 of this code shall be used as follows: five dollars paid monthly by the commissioner of finance to the New York state commissioner of education, after deducting twenty-five cents, for deposit into the New York state local government records management improvement fund and fifteen dollars, after deducting seventy-five cents, for deposit to the cultural education account.
It shall be the duty of the register to keep an exact account of all fees which the register or any of the register’s subordinates or assistants shall be entitled to demand and receive from any person for any service rendered by the register or them in the register’s or their official capacity, pursuant to law. Such account shall show the nature of every such service performed and the fees chargeable therefor, and shall at all times during business hours be open to the inspection, without any fee or charge therefor, of all persons desiring to examine the same, and such account shall be deemed a part of the records of the office in which they shall be kept, and shall be preserved therein as are other records, except that the register may destroy such account upon obtaining the written consent of the comptroller authorizing such destruction.
§ 7-605 Statement of account to comptroller.
A statement of such account, to be made in such form as shall be prescribed by the comptroller, shall be transmitted by the register for each calendar month, within ten days from the expiration thereof, to the comptroller, which shall be verified by the oath of the register, and which shall show all fees which the register or the register’s subordinates or assistants shall be entitled to demand and receive from any person for any service rendered in their official capacity, by virtue of any law since making the last preceding return.
§ 7-606 Penalty for neglect to account.
The register or any subordinate who shall receive to their own use or neglect to account for any fees, declared to belong to and be for the benefit of the city, or who shall neglect to render to such comptroller an account of the fees accruing to the register’s office, or to pay over the same as required herein, shall be deemed guilty of a misdemeanor, and punishable with a fine of not less than five hundred dollars nor exceeding five thousand dollars, or imprisonment for a period of not less than three months nor exceeding one year, or both, at the discretion of the court before whom such officer may be convicted, and in addition shall forfeit any sum that may be due to him or her on account of his or her salary and shall be liable to the city in a civil action for all moneys so received and not accounted for and paid over into the treasury of the city pursuant to the requirements of this chapter.
§ 7-607 Real estate instruments to be recorded.
Every instrument affecting real estate or chattels real, situated in the counties within the city, shall be indexed pursuant to the provisions of this chapter.
§ 7-608 Microfilmed instruments; how indexed.
If recording is done by microphotography or other photographic processes, the words liber and page when used in this chapter shall be construed to mean the serial number of microfilmed instruments.
§ 7-614 Fees.
The register, and the county clerk of the county of Richmond when acting as recording officer, are entitled, for services specified in this section, to the following fees, to be paid in advance:
For recording, indexing and endorsing a certificate on any instrument, ten dollars in the case of the Richmond county clerk and twelve dollars in the case of the register; and, in addition thereto, two dollars in the case of the Richmond county clerk and five dollars in the case of the register for each page or portion of a page, two dollars for each additional block indexed against exceeding one, and three dollars for each additional lot indexed against exceeding one; and, in addition thereto, twenty dollars for recording any instrument required by state statute to be recorded.
For filing and indexing a certificate of the appointment of a commissioner of deeds, ten dollars.
For issuing, signing and sealing a certificate, six dollars.
For searching and certifying the title to or an incumbrance or lien upon real property, fifty cents per year for each name against which the search is made, and fifty cents per year for each separate piece or parcel of property not consisting of contiguous lots. There shall be an additional charge of ten cents for each return made of any conveyance or lien found. The minimum charge for a search and certificate, and return, if any, shall be ten dollars.
For preparing and certifying a copy of a paper filed or recorded in the office, four dollars for each page or portion thereof.
For certifying a prepared copy of a paper filed or recorded in the office, four dollars for each page or portion thereof.
For filing and indexing each map, twenty dollars, and two dollars for each square foot or major part thereof of a map surface.
For copying any map which he or she may copy or certify, such reasonable fees for the service as may be fixed by the register, or county clerk when acting as register, subject to review by the supreme court, by which the same may be taxed.
For issuing a last owner of record report, fifteen dollars.
For filing a statement under oath reciting facts evidencing entitlement to a credit against, or exemption in whole or in part from, the tax on mortgages imposed by or pursuant to the authority of article eleven of the tax law, eight dollars.
For purposes of this section, the size of each page accepted for recording and indexing shall not exceed nine inches by fourteen inches, and every printed portion thereof shall be plainly printed in type of which the face is not smaller than eight point. The register and the county clerk acting as recording officer may in special circumstances accept a page exceeding the size or with smaller print than that prescribed herein, on such terms and at such fee, subject to review by the supreme court, as he or she may deem appropriate, but the fee for such recording and indexing shall be not less than double the fees otherwise chargeable by law therefor.
The register, or county clerk when acting as register, may fix the fee for any service rendered by him or her, and for which no fee is herein specified, subject to review by the supreme court.
§ 7-615 Corrections to be without erasures.
No entry in any book or index in the register’s office or the office of the clerk of the county of Richmond shall be erased so as to be illegible, but in case of any correction the same shall be made without destroying the original entry by drawing a line through such original entry, and in all such cases the date of such correction attested by the signature of such register or county clerk or his or her assistant shall be entered upon the same page on which such correction is made, on the margin opposite such correction. Such correction shall only be made upon the production to the register or county clerk of the original instrument, or, when it is impossible to produce the original instrument, the register or the county clerk, however, may make any correction of the records in his or her office where it is obvious or apparent that an error has been made in recording or indexing any instrument.
§ 7-616 Miscellaneous instruments.
The provisions of this chapter shall not apply to the indexing of general assignments, wills and powers of attorney. Such instruments shall be filed or recorded as now required by law, and when recorded such general assignments, wills and powers of attorney shall be indexed in separate alphabetical indices.
§ 7-617 Searches.
The register, upon request, and upon payment of, or offer to pay, the fees allowed by law, shall diligently search the files, papers, records and dockets in the register’s office, and either make one or more transcripts therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper, of which the custody legally belongs to the register cannot be found. It shall be the duty of the register to cause any and every written order or requisition directing a search to be made to be executed and complied with without delay. The city shall be liable for all damages and injuries resulting from errors, inaccuracies or mistakes in the register’s return so certified by the register.
The register shall in all cases charge and collect for such search, in addition to the fees prescribed in this chapter, an additional guaranty charge of two dollars which charge shall be accounted for by the register as other fees collected by the register.
§ 7-618 Chattel mortgages, etc., and renewals thereof to be indorsed.
When a chattel mortgage or a conditional bill of sale or other instrument affecting chattels is presented for filing in the office of the register, it must be indorsed on the outside thereof with the names of the parties thereto, the amount of indebtedness and the location of the property affected by such instrument. Every renewal of any such instrument must, in addition to the aforesaid indorsements, be stamped or marked “renewal,” and contain in the body thereof a reference to the serial number and the date of filing of the chattel mortgage or other instrument which it is desired to be continued for a further period, and the serial number and the date of filing of the latest previous renewal thereof, if any.
§ 7-619 Destroying obsolete documents and records.
The register is authorized to destroy any or all chattel mortgages, chattel mortgage indices, certificates of stockholders’ consent to the execution of mortgages of chattels, bills of sale, conditional bills of sale affecting real property or other filed instruments affecting chattels, on file in the register’s office after the expiration of five years from the date of filing, and any daily index or tickler more than two years old and which has been replaced by permanent block and alphabetical indices as provided for in this chapter, and all surplus copies of land maps of any of the counties of the city more than ten years old, which have not been disposed of by sale or otherwise.
§ 7-620 Preserving and copying records.
Whenever by reason of age, exposure or any casualty, any public records, maps or papers in the custody of the register shall become mutilated, obliterated or rendered unfit for public service, it shall be the duty of the register to cause copies thereof to be made and certified for public use, and such copies when so made shall for all purposes take the place of the original records.
§ 7-621 Construction and application of this chapter.
This chapter shall not be construed to repeal or modify the provisions of the real property law in relation to the recording of instruments, and of registering titles to real property; nor of the lien law respecting chattel mortgages; nor of the personal property law in relation to contracts for the conditional sale of goods and chattels; nor of the tax law regarding the taxation of mortgages.
§ 7-622 Indices to be public records.
Upon the completion of the indexing and reindexing directed by this chapter as to any instruments or liens herein mentioned, the same shall be deposited in the same office in which the respective instruments or liens are required to be kept, or such other place as shall be provided for them, for public use, and the same shall thereupon be public records.
§ 7-623 Business hours.
The office of the register shall remain open for the transaction of business every day in the year, except Saturdays, Sundays and holidays, from nine o’clock in the forenoon to four o’clock in the afternoon and except during the months of July and August when it shall remain open for the transaction of business from nine o’clock in the forenoon until two o’clock in the afternoon except Saturdays, Sundays and holidays. The register may order any of the register’s subordinates or employees to serve during such additional hours as the proper performance of the duties of the office requires.
Whenever the last day on which any paper is required to be filed or delivered or any act is required to be done or performed in such office expires on Saturday, the time therefor is hereby extended to and including the next business day.
§ 7-624 Construction clause.
Any law, rule, regulation, contract, or other document which refers or is applicable to the register, register of deeds or registrar of any of the counties within the city shall refer to the city register.
§ 7-625 Block indexing after July first, nineteen hundred sixty-four.
Tax maps; block boundaries, block number designations. On and after July first, nineteen hundred sixty-four, the tax maps for the boroughs of Manhattan, Bronx, Brooklyn and Queens shall be substituted for the land maps theretofore in use for the counties of New York, Bronx, Kings and Queens and such tax maps shall be conclusive as to location of block boundaries and block number designations.
Block index forms. On and after July first, nineteen hundred sixty-four, new forms for the (1) conveyance block index, and (2) mortgage block index for the counties of New York, Bronx, Kings and Queens may be adopted by the register, which forms shall make provision for the following information:
(1) Conveyance Block Index
Name of grantor
Name of grantee
Date of recording
Liber and page
Lot number and remarks; and
(2) Mortgage Block Index
Name of mortgagor
Name of mortgagee
Date of recording
Liber and page
Lot number and remarks
Date of recording and liber and page of certificate of discharge
Indexing under new block numbers. On and after the adoption of the new forms for the block index, the existing block index in use in the register’s office, shall be closed and a new block index shall be opened for each block in the form as adopted by the city register. At the end of each block index so closed, a reference shall be made to the new block index. On and after the date on which any such new block index shall be opened, the register shall index in such new block index, under the proper block numbers and in the proper index, all instruments which are presented to the register on and after such date for recording and which are authorized or required by law to be recorded. On and after the first day of January next succeeding the certifying and filing, by the real property assessment bureau, with the city register of a list of the numbers of new, altered or additional blocks with maps or diagrams showing such alterations or additions, the indices of all blocks theretofore existing shall be closed except for the purpose of completing the indexing belonging to the preceding year. A new block index shall thereupon be opened for every such altered or new block in the prescribed form, which new index shall thenceforth be used for all entries relating to land in such altered or new blocks. At the end of each block index so closed, a reference shall be made to the new block index.
Daily block indices. On and after July first, nineteen hundred sixty-four, new forms for the daily index of conveyances and the daily index of mortgages may be adopted by the register. Such forms shall make provision for the following information:
Names of parties
Block number
Serial number
Liber and page
Endorsement on instruments of tax block number and of tax lot numbers. On and after the adoption of the new forms for the block index, every instrument presented to the register and required to be indexed in the block index of conveyances or mortgages shall have endorsed thereon every block number and every lot number on the current tax map in which the land affected by the instrument is situate.
Block index to be notice. The entries made in such indices, except the lot number designation and the information contained in the column or columns headed Lot Number and Remarks, shall be deemed and taken to be a part of the record of the instrument to which such entries respectively refer, and shall be notice to subsequent purchasers or incumbrancers to the same extent and with like effect as the recording of such instruments in the office of the register, now is or may be notice.
Miscellaneous instruments. On and after July first, nineteen hundred sixty-three, any instrument entitled to be indexed and recorded as a miscellaneous instrument shall be indexed in a miscellaneous index and recorded in a miscellaneous liber.
§ 7-626 Block indexing after July first, nineteen hundred eighty-one in Richmond county.
Tax maps; block boundaries, block number designations. On and after July first, nineteen hundred eighty-one, the tax map for the borough of Staten Island shall be substituted for the land map theretofore in use for the county of Richmond and such tax map shall be conclusive as to location of block boundaries and block number designations.
Block index forms. On and after July first, nineteen hundred eighty-one, new forms for the (1) conveyance block index, and (2) mortgage block index for the county of Richmond may be adopted by the register, which forms shall make provision for the following information:
(1) Conveyance Block Index
Name of grantor
Name of grantee
Date of recording
Liber and page
Lot number and remarks; and
(2) Mortgage Block Index
Name of mortgagor
Name of mortgagee
Date of recording
Liber and page
Lot number and remarks
Date of recording and liber and page of certificate of discharge
Indexing under new block numbers. On and after the adoption of the new forms for the block index, the existing block index in use in the register’s office with respect to Richmond county, shall be closed and a new block index shall be opened for each block in the form as adopted by the city register. At the end of each block index so closed, a reference shall be made to the new block index. On and after the date on which any such new block index shall be opened with respect to Richmond county, the register shall index in such new block index, under the proper block numbers and in the proper index, all instruments which are presented to the register on and after such date for recording and which are authorized or required by law to be recorded. On and after the first day of January next succeeding the certifying and filing, by the real property assessment bureau, with the city register of a list of the numbers of new, altered or additional blocks with maps or diagrams showing such alterations or additions, the indices of all blocks theretofore existing shall be closed except for the purpose of completing the indexing belonging to the preceding year. A new block index shall thereupon be opened for every such altered or new block in the prescribed form, which new index shall thenceforth be used for all entries relating to land in such altered or new blocks. At the end of each block index so closed, a reference shall be made to the new block index.
Daily block indices. On and after July first, nineteen hundred eighty-one, new forms for the daily index of conveyances and the daily index of mortgages may be adopted by the register. Such forms shall make provision for the following information:
Names of parties
Block number
Serial number
Liber and page
Endorsement on instruments of tax block number and of tax lot numbers. On and after the adoption of the new forms for the block index, every instrument presented to the register with respect to Richmond county and required to be indexed in the block index of conveyances or mortgages shall have endorsed thereon every block number and every lot number on the current tax map in which the land affected by the instrument is situate.
Block index to be notice. The entries made in such indices, except the lot number designation and the information contained in the column or columns headed Lot Number and Remarks, shall be deemed and taken to be a part of the record of the instrument to which such entries respectively refer, and shall be notice to subsequent purchasers or incumbrancers to the same extent and with like effect as the recording of such instruments in the office of the register, now is or may be notice.
Miscellaneous instruments. On and after July first, nineteen hundred eighty-one, any instrument entitled to be indexed and recorded as a miscellaneous instrument shall be indexed in a miscellaneous index and recorded in a miscellaneous liber.
§ 7-627 Alphabetical indices.
Notwithstanding the provisions of any general, special or local law, the register may adopt a form of consolidated alphabetical index book for any one or all of the counties of New York, Bronx, Kings and Queens, in which shall be entered the names of the parties to conveyances and mortgages.
§ 7-628 Notification of recording of real estate instruments.
Definitions. For purposes of this section:
Deed-related document. The term “deed-related document” includes, but is not limited to, a deed, air rights, condemnation proceeding agreement, condominium declaration, confirmatory deed, contract of sale, correction deed, court order, in rem deed, judgment, life estate deed, memorandum of contract, power of attorney, real estate investment trust deed, revocation of power of attorney, sundry agreement, unit assignment and any other document that may be designated as deed-related by the commissioner of finance.
Department. The term “department” means the department of finance.
Interested party. The term “interested party” means the property owner, the property owner’s agent or attorney or designee, the property lienor, the property lienor’s agent or attorney, the executor or administrator of the estate of the owner or lienor of the property, the agent or attorney of the executor or administrator of the estate of the owner or lienor of the property and any other individual that may be designated by the commissioner of finance.
Mortgage-related document. The term “mortgage-related document” includes, but is not limited to, a mortgage, collateral mortgage, mortgage and consolidation, mortgage spreader agreement, satisfaction of mortgage, subordination of mortgage, sundry mortgage, UCC-1 (financing statement), and any other document that may be designated as mortgage-related by the commissioner of finance.
The department shall establish and maintain a system that provides any interested party a notification by e-mail, text message, or postal mail, that a deed-related or mortgage-related document affecting such party’s interest in real property located in the city has been recorded against such property with the city register or the office of the Richmond county clerk, provided that the department has received notice of such recording from the office of the Richmond county clerk. The department shall not charge a fee for use of such notification system.
For all class one and class two properties within the city, as defined in subdivision 1 of section 1802 of the real property tax law, the department shall, to the extent practicable and consistent with applicable law, register the property owner named on the most recent deed-related or mortgage-related document recorded and indexed by the city register or the office of the Richmond county clerk prior to the effective date of this local law in the notification system described by subdivision b, provided that the department shall permit any individual registered for the notification system to opt-out of such receipt.
To the extent practicable, when a deed-related or mortgage-related document is recorded with the city register or the Richmond county clerk, the department shall automatically register the named property owner on such document to receive notifications, provided that the department shall permit any individual registered for the notification system to opt-out of such receipt.
The department shall report on a quarterly basis on the notification system established pursuant to subdivision b of this section, and shall include data for Richmond county to the extent that the department has received data from the office of the Richmond county clerk. Such report shall be submitted to the council and published on the department’s website no later than the first day of February, May, August, and November of each year, with the first report due November 1, 2018. Such report shall include, but not be limited to, the following information for the prior quarter, disaggregated by borough:
(1) total number of individuals registered to receive notifications through the system required by subdivision b of this section, disaggregated by the type of interested party;
(2) total number of individuals registered to receive notifications for multiple properties;
(3) total number of properties for which an individual is registered to receive notifications;
(4) total number of individuals who opted out of receiving notifications;
(5) total number of individuals who contacted the department regarding an incorrect or suspected fraudulent document recording, disaggregated by the source of information that led to such contact; and
(6) total number of referrals made by the city register or office of the Richmond county clerk to the city sheriff related to suspected fraudulent document recording, the outcomes of such referrals, and whether an investigation was commenced by the sheriff.
The department shall conduct outreach to property owners about the provisions of this section.
The city shall not be liable for any damages as a result of failure to provide the requested notifications, nor shall any cause of action arise from such failure.
Chapter 7: Nuisance Abatement Law
Subchapter 1: [Public Nuisance Defined]
§ 7-701 Legislative declaration.
The council of the city of New York finds that public nuisances exist in the city in flagrant violation of the building code, zoning resolution, health laws, multiple dwelling law, penal laws regulating prostitution and related conduct, licensing laws, laws relating to the sale and consumption of alcoholic beverages, laws relating to gambling, controlled substances and dangerous drugs and penal laws relating to the possession of stolen property, all of which interfere with the quality of life, property values and the public health, safety, and welfare; the council further finds that the continued occurrence of such activities and violations is detrimental to the health, safety, and welfare of the people of the city and of the businesses thereof and visitors thereto. It is the purpose of the council to create one standardized procedure for securing legal and equitable remedies relating to the subject matter encompassed by this law, without prejudice to the use of procedures available under existing and subsequently enacted laws, and to strengthen existing laws on the subject.
§ 7-702 Short Title.
This chapter shall be known as the “nuisance abatement law”.
§ 7-703 Public nuisance defined.
The following are declared to be public nuisances:
Any building, erection or place, including one- or two-family dwellings, used for the purpose of prostitution as defined in section 230.00 of the penal law. Two or more criminal convictions of persons for acts of prostitution in the building, erection or place, including one- or two-family dwellings, within the one-year period preceding the commencement of an action under this chapter, shall be presumptive evidence that the building, erection or place, including one- or two-family dwellings, is a public nuisance. In any action under this subdivision, evidence of the common fame and general reputation of the building, erection or place, including one- or two-family dwellings, of the inmates or occupants thereof, or of those resorting thereto, shall be competent evidence to prove the existence of the public nuisance. If evidence of the general reputation of the building, erection or place, including one- or two-family dwellings, or of the inmates or occupants thereof, is sufficient to establish the existence of the public nuisance, it shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance, on the part of the owners, lessors, lessees and all those in possession of or having charge of, as agent or otherwise, or having any interest in any form in the property, real or personal, used in conducting or maintaining the public nuisance;
[Reserved.]
[Reserved.]
Any building, erection or place, other than a one- or two-family dwelling classified in occupancy group J-3 pursuant to section 27-237 of the code or in occupancy group R-3 pursuant to section 310.1.3 of the New York city building code, which is in violation of any of the following provisions of the code: article four of subchapter one of chapter one of title 27; article 102, 105, 108, or 118 of chapter 1 of title 28; article 210 of chapter 2 of title 28; article 301 or 302 of chapter 3 of title 28; or section 28-207.2. A conviction, as defined in subdivision thirteen of section 1.20 of the criminal procedure law, of persons for offenses, as defined in subdivision one of section 10.00 of the penal law, in violation of the aforesaid provisions of this code in the building, erection or place within the period of one-year preceding the commencement of an action under this chapter, shall be presumptive evidence that the building, erection or place is a public nuisance;
Any building, erection or place, other than a one- or two-family dwelling classified in occupancy group J-3 pursuant to section 27-237 of this code, which is a nuisance as defined in section 17-142 of this code or which is an infected and uninhabitable house as defined in section 17-159 of this code or which is in violation of subdivision two of section 16-118 of this code;
Any building, erection or place, including one- or two-family dwellings, used for the purpose of a business, activity or enterprise which is not licensed as required by law;
Any building, erection or place, including one- or two-family dwellings, wherein, within the period of one year prior to the commencement of an action under this chapter, there have occurred three or more violations of one or any combination of the provisions of penal law article 220, except for section 220.03; article 221, except for sections 221.05, 221.10, 221.15, 221.35, and 221.40; or article 225; or section 10-203 of this code; provided that at least one such violation was personally witnessed by a police or peace officer;
Any building, erection or place, including one- or two-family dwellings, wherein, within the period of one year prior to the commencement of an action brought under this chapter, there have occurred at least four instances of the unlawful activities described in section 123 of the alcoholic beverage control law, where a reasonable person would or should have been aware that such unlawful activity was occurring. The physical absence of a person from such building, erection or place shall not alone establish that such person would or should not have been aware that such unlawful activity was occurring. Notwithstanding the foregoing, only one instance of such unlawful activity shall be required if the building, erection or place was not licensed as required by the alcohol beverage control law;
[Reserved.]
[Reserved.]
Any building, erection or place, including one- or two-family dwellings, wherein there exists or is occurring a violation of the zoning resolution;
Any building, erection or place, including one- or two-family dwellings, wherein there is occurring a criminal nuisance as defined in section 240.45 of the penal law;
Any building, erection or place, including one- or two-family dwellings, wherein, within the period of one year prior to the commencement of an action under this chapter, there have occurred two or more violations on the part of the lessees, owners, operators, or occupants, of one or any combination of the following provisions: sections 165.40, 165.45, 165.50, 170.65, 170.70 or 175.10 of the penal law or section four hundred fifteen-a of the vehicle and traffic law;
Any building, erection or place, including one- or two-family dwellings, in which a security guard, as defined in subdivision six of section eighty nine-f of the general business law, is employed in violation of one or more of the following provisions: the alcoholic beverage control law or sections 27-525.1, 10-177 or 28-117.4 of this code;
[Reserved.]
[Reserved.]
[Reserved.]
Any building, erection or place, including one- or two-family dwellings, used for the creation, production, storage or sale of a false identification document, as defined in 18 U.S.C. § 1028(d), a forged instrument, as defined in subdivision seven of section 170.00 of the penal law, or a forgery device, as that term is used in section 170.40 of the penal law. It shall be presumptive evidence that the building, erection or place, including one- or two-family dwellings, is a public nuisance if there have occurred, within the one-year period preceding the commencement of an action under this chapter, two or more violations constituting separate occurrences on the part of the lessees, owners, operators or occupants of one or any combination of the following provisions: paragraph one, five or eight of 18 U.S.C. 1028(a), section 170.05, 170.10, 170.15 or 170.40 of the penal law or, under circumstances evincing an intent to sell or distribute a forged instrument, section 170.20, 170.25 or 170.30 of the penal law.
§ 7-704 Remedies.
(a) The corporation counsel shall bring and maintain a civil proceeding in the name of the city in the supreme court of the county in which the building, erection or place is located to permanently enjoin the public nuisances, defined in subdivisions (a), (d), (e), (f), (g), (h), (k), (l), (m), (n), and (r) of section 7-703, in the manner provided in subchapter two of this chapter.
The corporation counsel shall bring and maintain a civil proceeding in the name of the city, in the supreme court of the county in which the building, erection or place is located to recover a civil penalty in relation to the public nuisances defined in subdivisions (b) and (c) of section 7-703 of this chapter, in the manner provided in subchapter three of this chapter.
Subchapter 2: [Remedies For Public Nuisances Generally; Permanent Injunction]
§ 7-705 Applicability.
This subchapter shall be applicable to the public nuisances defined in subdivisions (a), (d), (e), (f), (g), (h), (k), (l), (m), (n) and (r) of section 7-703.
§ 7-706 Action for permanent injunction.
(a) Generally. Upon the direction of the mayor, or at the request of the head of a department or agency of the city, or at the request of a district attorney of any county within the city, or at the request of a member of the city council with respect to the public nuisances defined in subdivisions (a), (g), and (h) of section 7-703, or upon his or her own initiative, the corporation counsel may bring and maintain a civil proceeding in the name of the city in the supreme court to permanently enjoin a public nuisance within the scope of this subchapter, and the person or persons conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the public nuisance. The corporation counsel shall ensure that records sealed pursuant to the criminal procedure law are not used in any action filed pursuant to this section. The owner, lessor and lessee of a building, erection or place wherein the public nuisance as being conducted, maintained or permitted shall be made defendants in the action. The venue of such action shall be in the county where the public nuisance is being conducted, maintained or permitted. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this subchapter.
The summons; the caption; naming the building, erection or place as defendant. The corporation counsel shall name as defendants the building, erection or place wherein the public nuisance is being conducted, maintained or permitted, by describing it by block, lot number and street address and at least one of the owners of some part of or interest in the property.
In rem jurisdiction over building, erection or place. In rem jurisdiction shall be complete over the building, erection or place wherein the public nuisance is being conducted, maintained or permitted by affixing the summons to the door of the building, erection or place and by mailing the summons by certified or registered mail, return receipt requested, to one of the owners of some part of or interest in the property. Proof of service shall be filed within two days thereafter with the clerk of the court designated in the summons. Service shall be complete upon such filing.
Service of summons on other defendants.
Defendants, other than the building, erection or place wherein the public nuisance is being conducted, maintained or permitted, shall be served with the summons as provided in the civil practice law and rules.
Defendants who are natural persons and reside in the building, erection or place wherein the public nuisance is being conducted, maintained or permitted shall be served either by personal service upon a natural person as provided in the civil practice law and rules or pursuant to court order. No more than 15 days prior to such service, the corporation counsel shall verify the ongoing occupancy of any natural person who is a tenant of record and alleged to have caused or permitted the public nuisance in the building, erection or place wherein the public nuisance is alleged to have been conducted, maintained or permitted.
Notice of pendency. With respect to any action commenced or to be commenced by him or her pursuant to this subchapter, the corporation counsel may file a notice of pendency pursuant to the provisions of article sixty-five of the civil practice law and rules.
Presumption of ownership. The person in whose name the real estate affected by the action is recorded in the office of the city register or the county clerk, as the case may be, shall be presumed to be the owner thereof.
Presumption of employment or agency. Whenever there is evidence that a person was the manager, operator, supervisor or, in any other way, in charge of the premises, at the time a public nuisance was being conducted, maintained or permitted, such evidence shall be presumptive that he or she was an agent or employee of the owner or lessee of the building, erection or place.
Penalty. If, upon the trial of an action under this chapter or, upon a motion for summary judgment in an action under this chapter, a finding is made that the defendant has intentionally conducted, maintained or permitted a public nuisance defined in this chapter, a penalty, to be included in the judgment, may be awarded in an amount not to exceed one thousand dollars for each day it is found that the defendant intentionally conducted, maintained or permitted the public nuisance. Upon recovery, such penalty shall be paid into the general fund of the city.
Timeliness. An action for permanent injunction must be commenced within four months of the most recent act that forms a basis for such action. Nothing in this subdivision shall be construed to preclude acts that occurred outside of the time ranges established for the timely commencement of the action from being included as a separate cause of action, submitted into evidence, or used in consideration of damages or civil penalties.
§ 7-707 Preliminary injunction.
(a) Generally. Pending an action for a permanent injunction as provided for in section 7-706 of this subchapter, the court may grant a preliminary injunction enjoining a public nuisance within the scope of this subchapter and the person or persons conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the public nuisance, where the public health, safety or welfare immediately requires the granting of such injunction. An order granting a preliminary injunction shall direct a trial of the issues within three business days after joinder of issue or, if issue has already been joined, within three business days after the entry of the order. Where a preliminary injunction has been granted, the court shall render a decision with respect to a permanent injunction within three business days after the conclusion of the trial. A temporary closing order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a public nuisance within the scope of this subchapter is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires the granting of a temporary closing order. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a public nuisance within the scope of this subchapter is being conducted, maintained or permitted.
Enforcement of preliminary injunction. A preliminary injunction shall be enforced by the city agency at whose request the underlying action is being brought. In the event the underlying action is being brought at the direction of the mayor, or at the request of several city agencies or by the corporation counsel, on his or her own initiative, or upon the request of a district attorney, or a member of the city council, the order shall be enforced by the agency designated by the mayor. The police department shall, upon the request of the agency involved or upon the direction of the mayor, assist in the enforcement of the preliminary injunction.
Preliminary injunctions, inventory, closing of premises, posting of orders and notices, offenses. If the court grants a preliminary injunction, the provisions of section 7-711 of this subchapter shall be applicable.
§ 7-708 Motion papers for preliminary injunction.
The corporation counsel shall show, by affidavit and such other evidence as may be submitted, that there is a cause of action for a permanent injunction abating a public nuisance within the scope of this subchapter; provided that, for an allegation of any public nuisance defined in subdivision (g) of section 7-703 for a violation of article 220 or 221 of the penal law, such other evidence shall include laboratory reports or similar objective indicia of the presence of a controlled substance or marihuana.
§ 7-709 Temporary closing order.
(a) Generally. If, on a motion for a preliminary injunction pursuant to section 7-707 alleging a public nuisance as defined in subdivision (a) or (d) of section 7-703, or a public nuisance as defined in subdivision (e) of section 7-703 in a building, erection or place used for commercial purposes in which there is a significant risk of imminent physical harm to a natural person or persons, the corporation counsel shall show by clear and convincing evidence that such public nuisance is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires a temporary closing order, a temporary order closing such part of the building, erection or place wherein such public nuisance is being conducted, maintained or permitted may be granted without notice, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary closing order, the court shall direct the holding of a hearing for the preliminary injunction at the earliest possible time but in no event later than three business days from the granting of such order; a decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.
Service of temporary closing order. Unless the court orders otherwise, a temporary closing order together with the papers upon which it was based and a notice of hearing for the preliminary injunction shall be personally served, in the same manner as a summons as provided in the civil practice law and rules.
§ 7-710 Temporary restraining order.
(a) Generally. If, on a motion for a preliminary injunction pursuant to section 7-707 alleging a public nuisance as defined in subdivision (a), (d), or (k) of section 7-703, or a public nuisance as defined in subdivision (e) of section 7-703 in a building, erection or place used for commercial purposes in which there is a significant risk of imminent physical harm to a natural person or persons, or a public nuisance as defined in subdivision (h) of section 7-703 in a building, erection or place operating without a license or with a license permitting the sale of liquor under the alcoholic beverage control law, the corporation counsel shall show by clear and convincing evidence that such public nuisance is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires a temporary restraining order, such temporary restraining order may be granted without notice restraining the defendants and all persons from removing or in any manner interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting such public nuisance and from further conducting, maintaining or permitting such public nuisance, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary restraining order, the court shall direct the holding of a hearing for the preliminary injunction at the earliest possible time but in no event later than three business days from the granting of such order; a decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.
Service of temporary restraining order. Unless the court orders otherwise, a temporary restraining order and the papers upon which it was based and a notice of hearing for the preliminary injunction shall be personally served, in the same manner as a summons as provided in the civil practice law and rules.
(a) Generally. If on a motion for a preliminary injunction, the corporation counsel submits evidence warranting both a temporary closing order and a temporary restraining order, the court shall grant both orders.
Enforcement of temporary closing orders and temporary restraining orders. Temporary closing orders shall be enforced by the agency at whose request the underlying action is being brought. In the event the underlying action is being brought at the direction of the mayor, or at the request of several city agencies or by the corporation counsel on his or her own initiative, or upon the request of a district attorney, or a member of the city council, the order shall be enforced by the city agency designated by the mayor. The police department shall, upon the request of the agency involved or upon the direction of the mayor, assist in the enforcement of a temporary closing order or a temporary restraining order.
Inventory upon service of temporary closing orders and temporary restraining orders. The officers serving a temporary closing order or a temporary restraining order shall forthwith make and return to the court an inventory of personal property situated in and used in conducting, maintaining or permitting a public nuisance within the scope of this subchapter and shall enter upon the building, erection or place for such purpose. Such inventory shall be taken in any manner which is deemed likely to evidence a true and accurate representation of the personal property subject to such inventory including, but not limited to photographing such personal property.
Closing of premises pursuant to temporary closing order. The officers serving a temporary closing order shall, upon service of the order, command all persons present in the building, erection or place to vacate the premises forthwith. Upon the building, erection or place being vacated, the premises shall be securely locked and all keys delivered to the officers serving the order who thereafter shall deliver the keys to the fee owner, lessor or lessee of the building, erection or place involved. If the fee owner, lessor or lessee is not at the building, erection or place when the order is being executed, the officers shall securely padlock the premises and retain the keys until the fee owner, lessor or lessee of the building is ascertained, in which event, the officers shall deliver the keys to such owner, lessor or lessee.
Posting of temporary closing order and temporary restraining order; posting of notices; offenses. Upon service of a temporary closing order or a temporary restraining order, the officer shall post a copy thereof in a conspicuous place or upon one or more of the principal doors at entrances of such premises where the public nuisance is being conducted, maintained or permitted. In addition, where a temporary closing order has been granted, the officers shall affix, in a conspicuous place or upon one or more of the principal doors at entrances of such premises, a printed notice that the premises have been closed by court order, which notice shall contain the legend “closed by court order” in block lettering of sufficient size to be observed by anyone intending or likely to enter the premises, the date of the order, the court from which issued and the name of the office or agency posting the notice. In addition, where a temporary restraining order has been granted, the officers shall affix, in the same manner, a notice similar to the notice provided for in relation to a temporary closing order except that the notice shall state that certain described activity is prohibited by court order and that removal of property is prohibited by court order. Mutilation or removal of such a posted order or such a posted notice while it remains in force, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than five hundred dollars or by imprisonment not exceeding ninety days, or by both, provided such order or notice contains therein a notice of such penalty. The police department shall, upon the request of the agency involved or upon the direction of the mayor, assist in the enforcement of this subdivision.
Intentional disobedience of or resistance to temporary closing order or temporary restraining order. Intentional disobedience of or resistance to a temporary closing order or a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than one thousand dollars or by imprisonment not exceeding six months or by both.
(a) A temporary closing order or a temporary restraining order shall be vacated, upon notice to the corporation counsel, if the defendant shows by affidavit and such other proof as may be submitted that the public nuisance within the scope of this subchapter has been abated. An order vacating a temporary closing order or a temporary restraining order shall include a provision authorizing agencies of the city to inspect the building, erection or place which is the subject of an action pursuant to this chapter, periodically without notice, during the pendency of the action for the purpose of ascertaining whether or not the public nuisance has been resumed. Intentional disobedience of or resistance to an inspection provision of an order vacating a temporary closing order or a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than five hundred dollars or by imprisonment not exceeding six months, or by both. The police department shall, upon the request of the agency involved or upon the direction of the mayor, assist in the enforcement of an inspection provision of an order vacating a temporary closing order or temporary restraining order.
A temporary closing order or a temporary restraining order may be vacated by the court, upon notice to the corporation counsel, when the defendant gives an undertaking and the court is satisfied that the public health, safety or welfare will be protected adequately during the pendency of the action. The undertaking shall be in an amount equal to the assessed valuation of the building, erection or place where the public nuisance is being conducted, maintained or permitted or in such other amount as may be fixed by the court. The defendant shall pay to the city, in the event a judgment of permanent injunction is obtained, its actual costs, expenses and disbursements in investigating, bringing and maintaining the action.
§ 7-713 Temporary receiver.
(a) Appointment, duration and removal. In any action wherein the complaint alleges that the nuisance is being conducted or maintained in the residential portions of any building or structure or portion thereof which are occupied in whole or in part as the home, residence or sleeping place of one or more human beings, the court may, upon motion on notice by the plaintiff, appoint a temporary receiver to manage and operate the property during the pendency of the action in lieu of a temporary closing order. A temporary receivership shall not continue after final judgment unless otherwise directed by the court. Upon the motion of any party, including the temporary receiver, or on its own initiative, the appointing court may remove a temporary receiver at any time.
Powers and duties. The temporary receiver shall have such powers and duties as the court shall direct, including, but not limited to collecting and holding all rents due from all tenants, leasing or renting portions of the building or structure, making or authorizing other persons to make necessary repairs or to maintain the property, hiring security or other personnel necessary for the safe and proper operation of a dwelling, prosecuting or defending suits flowing from his or her management of the property and retaining counsel therefor, and expending funds from the collected rents in furtherance of the foregoing powers.
Oath. A temporary receiver, before entering upon his or her duties shall be sworn or shall affirm faithfully and fairly to discharge the trust committed to such receiver. The oath or affirmation may be administered by any person authorized to take acknowledgements of deeds by the real property law. The oath or affirmation may be waived upon consent of all parties.
Undertaking. A temporary receiver shall give an undertaking, in an amount to be fixed by the court making the appointment, that such receiver will faithfully discharge his or her duties.
Accounts. A temporary receiver shall keep written accounts itemizing receipts and expenditures, and describing the property and naming the depository of receivership funds, which shall be open to inspection by any person having an apparent interest in the property. Upon motion of the temporary receiver or of any person having an apparent interest in the property, the court may require the keeping of particular records or direct or limit inspection or require presentation of a temporary receiver’s accounts. Notice of motion for the presentation of a temporary receiver’s accounts shall be served upon the sureties on the temporary receiver’s undertaking as well as upon each party.
§ 7-714 Permanent injunction.
(a) A judgment awarding a permanent injunction pursuant to this subchapter may direct the sheriff to seize and remove from the building, erection or place all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance and shall direct the sale by the sheriff of such property in the manner provided for the sale of personal property under execution pursuant to the provisions of the civil practice law and rules. The net proceeds of any such sale, after deduction of the lawful expenses involved, shall be paid into the general fund of the city.
A judgment awarding a permanent injunction pursuant to this subchapter may authorize agents of the city to forthwith remove and correct construction and structural alterations as provided in section 26-246 of this code.
A judgment awarding a permanent injunction pursuant to this subchapter may direct the closing of the building, erection or place by the sheriff, to the extent necessary to abate the nuisance, and shall direct the sheriff to post a copy of the judgment and a printed notice of such closing conforming to the requirements of subdivision (e) of section 7-711 of this subchapter. Mutilation or removal of such a posted judgment or notice while it remains in force, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than two hundred fifty dollars or by imprisonment not exceeding fifteen days, or by both, provided such judgment contains therein a notice of such penalty. The closing directed by the judgment shall be for such period as the court may direct but in no event shall the closing be for a period of more than one year from the posting of the judgment provided for in this subdivision. If the owner shall file a bond in the value of the property ordered to be closed and submits proof to the court that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, erection or place has been directed to be closed in the judgment, the court may vacate the provisions of the judgment that direct the closing of the building, erection or place. A closing by the sheriff pursuant to the provisions of this subdivision shall not constitute an act of possession, ownership or control by the sheriff of the closed premises.
Intentional disobedience or resistance to any provision of a judgment awarding a permanent injunction pursuant to this chapter, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment not exceeding six months, or by both.
Upon the request of the agency involved or upon the direction of the mayor, the police department shall assist in the enforcement of a judgment awarding a permanent injunction entered in an action brought pursuant to this chapter.
A judgment rendered awarding a permanent injunction pursuant to this subchapter shall be and become a lien upon the building, erection or place named in the complaint in such action, such lien to date from the time of filing a notice of lis pendens in the office of the clerk of the county wherein the building, erection or place is located. Every such lien shall have priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens.
A judgment awarding a permanent injunction pursuant to this chapter shall provide, in addition to the costs and disbursements allowed by the civil practice law and rules, upon satisfactory proof by affidavit or such other evidence as may be submitted, the actual costs, expenses and disbursements of the city in investigating, bringing and maintaining the action.
Subchapter 3: Remedies For Promotion of Obscene Material; Seizure and Civil Penalty [Repealed]
§ 7-715 Applicability. [Repealed]
*§ 7-716 Action for civil penalty. [Repealed]* :
§ 7-717 Preliminary injunction. [Repealed]
*§ 7-718 Motion papers for preliminary injunction. [Repealed]* :
§ 7-719 Temporary restraining order. [Repealed]
*§ 7-720 Vacating a temporary injunction or a temporary restraining order. [Repealed]* :
§ 7-721 Judgment. [Repealed]
*§ 7-722 Chapter not exclusive remedy. [Repealed]* :
Subchapter 4: Authorized Dispositions and Orders
§ 7-723 Limitations on exclusions of natural persons.
No disposition reached or order issued pursuant to an action brought under this chapter in relation to a public nuisance may exclude any natural person from any property for more than one year, unless the corporation counsel can demonstrate through clear and convincing evidence that unique circumstances exist such that a greater period of exclusion is required to abate the applicable public nuisance. In no case shall such period of exclusion exceed three years.
§ 7-724 Judicial review.
The purpose of a disposition reached pursuant to an action bought under this chapter shall be to deter the public nuisance alleged in the action from recurring either at the building, erection or place cited in the action or at any other location under the legal control of a defendant named in the action, and not to deter generally such nuisance from occurring elsewhere. A disposition reached pursuant to an action brought under this chapter shall not be final unless it is so ordered by the court. Nothing in this section shall be construed to prohibit a disposition from including terms or conditions routinely included in stipulations or orders resolving civil litigation.
§ 7-725 Business owner awareness.
No disposition reached or order issued pursuant to an action brought under this chapter shall permit the closure of any business where the owner or proprietor of such business was not aware of, should not have been aware of, and had no reason or duty to be aware of the public nuisance addressed by such disposition or order. An owner or proprietor’s physical absence from a business shall not alone establish that such owner or proprietor was not aware of, should not have been aware of, and had no reason or duty to be aware of such public nuisance.
§ 7-726 Property rights and awareness.
No disposition reached or order issued pursuant to an action brought under this chapter shall deprive any natural person of any property right to which such person is otherwise entitled where such person was not aware of, should not have been aware of, and had no reason or duty to be aware of the public nuisance addressed by such disposition or order. A person’s physical absence from a building, erection or place in which such nuisance has occurred shall not alone establish that such person was not aware of, should not have been aware of, and had no reason or duty to be aware of such public nuisance.
§ 7-727 Limitations on applicability.
Nothing in this subchapter shall be construed to relieve an owner of a building from responsibilities pursuant to section 28-301.1 of chapter 3 of title 28 of the code.
§ 7-728 Conflicting proceedings.
Any action for a permanent injunction brought under this chapter against a natural person shall be dismissed if legal proceedings based on the same or substantially similar factual allegations have been conducted or are being conducted in New York city civil court or by the New York city housing authority, unless the city has a unique and compelling interest that is substantially different from that of the plaintiff in the other legal proceeding. Such interest shall not include the speed with which such case could be resolved. For the purposes of this section, the term “substantially similar factual allegations” shall not be construed to include conduct or actions that occurred subsequent to the allegations included in the relevant legal proceedings conducted in New York city civil court or by the New York city housing authority.
§ 7-729 Duplicate fines for public nuisances involving alcohol.
To the extent practicable, fines imposed or expected to be imposed by the state liquor authority shall be taken into consideration in evaluating whether a disposition reached in an action brought under this chapter poses an excess burden on the defendant, pursuant to section 7-724.
§ 7-730 Willful and flagrant alcohol-related violations.
No disposition reached or order issued pursuant to an action brought under this chapter solely in relation to a public nuisance as defined in subdivision (h) of section 7-703 may require the closure of any business that has a license to sell beer and wine but does not have a license to sell liquor unless the corporation counsel can demonstrate through clear and convincing evidence a willful and flagrant violation of the alcohol beverage control law.
Chapter 8: New York City False Claims Act
§ 7-801 Short title.
This chapter shall be known as the “New York city false claims act.”
§ 7-802 Definitions.
For purposes of this chapter, the following terms shall mean:
“City” means the city of New York, and any city agency, department, division or bureau, and any board, committee, institution, agency of government, local development corporation or public benefit corporation, the majority of whose members are appointed by city officials.
“Civil enforcement action” means a legal action brought pursuant to section 7-804 of this chapter for the commission of any act or acts described in subdivision a of section 7-803 of this chapter.
“Claim” means any request or demand, whether under a contract or otherwise, for money or property which is made to any employee, officer, or agent of the city, or to any contractor, grantee or other recipient, if the city provides the money or property which is requested or demanded or will reimburse such contractor, grantee or other recipient for the money or property which is requested or demanded. “Claim” also encompasses any record or statement used in presenting an obligation to pay or transmit money or property either directly or indirectly to the city.
“False claim” means any claim, or information relating to a claim, which is false or fraudulent.
“Knowing” and “knowingly” mean that with respect to information, a person: (i) has actual knowledge of the falsity of the information, or (ii) acts in deliberate ignorance of the truth or falsity of the information, or (iii) acts in reckless disregard of the truth or falsity of the information. Proof of specific intent to defraud is not required.
“Original source” means an individual who either (i) prior to a public disclosure pursuant to paragraph three of subdivision d of section 7-804 of this chapter has voluntarily disclosed to the city the information on which allegations or transactions in a claim are based, or (ii) has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided such information to the city.
“Person” means any natural person, corporation, partnership, firm, organization, association or other legal entity or individual, other than the city.
“State” means the state of New York and any state department, agency, board, bureau, division, commission, committee, public benefit corporation, public authority, council, office or other entity performing governmental or proprietary function for the state.
§ 7-803 False claims.
Any person who:
knowingly presents, or causes to be presented, to any city officer or employee, a false claim for payment or approval by the city;
knowingly makes, uses, or causes to be made or used, a false record or statement to get a false claim paid or approved by the city;
conspires to defraud the city by getting a false claim allowed or paid by the city;
has possession, custody, or control of property or money used, or to be used, directly or indirectly, by the city and, intending to defraud the city or willfully conceal the property or money, delivers, or causes to be delivered, less property or money than the amount for which the person receives a certificate or receipt;
is authorized to make or deliver a document certifying receipt of property used, or to be used, directly or indirectly, by the city and, intending to defraud the city, makes or delivers the receipt without completely knowing that the information on the receipt is true;
knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the city knowing that such officer or employee lawfully may not sell or pledge the property; or
knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease, directly or indirectly, an obligation to pay or transmit money or property to the city; shall be liable to the city for three times the amount of damages which the city sustains because of the act or acts of such person, and a civil penalty of between five thousand and fifteen thousand dollars for each violation of this section, except that any party to a civil enforcement action commenced may request the court to assess, and the court may agree to so assess, not more than two times the amount of damages sustained because of the act or acts of such person if all of the following circumstances are found:
(i) The person committing the violation of section 7-803 of this chapter had furnished all information known to such person about such act or acts to (a) the commissioner of investigation or (b) the corporation counsel or a city agency head, who shall refer such information to the commissioner of investigation, and has furnished such information within thirty days of the date on which such person first obtained the information;
(ii) such person fully cooperated with any government investigation of such violation; and
(iii) at the time such person furnished information about the violation, no criminal or civil action or proceeding, or administrative action had commenced with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation.
A person who violates this section shall also be liable for the costs, expenses and attorneys’ fees of a civil enforcement action and for the cost of the city’s investigation.
§ 7-804 Civil actions for false claims.
If the corporation counsel finds that a person has violated or is violating the provisions of section 7-803 of this chapter, he or she may institute a civil enforcement action against that person in any court of competent jurisdiction. b.
Any person may submit a proposed civil complaint to the city alleging violations of section 7-803. Proposed civil complaints shall be signed and verified and shall include all material evidence and information possessed by such person in support of the allegations in such proposed civil complaints. The city shall diligently investigate all such proposed civil complaints. The city may request such additional information as it deems necessary from the person submitting a proposed civil complaint.
The corporation counsel and the commissioner of investigation shall promulgate rules establishing a protocol detailing the procedures by which the city will address proposed civil complaints after they have been submitted, which protocol shall include the requirement that within one hundred eighty days of receipt of a proposed civil complaint, the city shall, in writing, notify the person who submitted the proposed civil complaint that the corporation counsel:
(i) intends to commence a civil enforcement action based on the facts alleged in the proposed civil complaint against one or more of the defendants named in the proposed civil complaint, in which case he or she shall commence such action within ninety days of such notification, provided that if the corporation counsel determines that a delay in commencing such action is warranted, he or she may delay such commencement, upon notice to the person who submitted the proposed civil complaint, for an additional ninety days at which time he or she shall commence such action;
(ii) designates the person or, if the person is not an attorney, the attorney of such person, as a special assistant corporation counsel for purposes of filing a civil enforcement action against one or more of the defendants named in the proposed civil complaint; or
(iii) declines to commence a civil enforcement action or designate such person to commence a civil enforcement action in which case the corporation counsel shall state in the notification its reason for doing so.
The corporation counsel shall commence a civil enforcement action or designate the person who submitted the proposed civil complaint or, if the person is not an attorney, his or her attorney, to commence a civil enforcement action unless:
(i) the proposed civil complaint is barred for the reasons set forth in subdivision d of this section;
(ii) the corporation counsel has determined that the proposed civil complaint is based upon an interpretation of law or regulation which if adopted, would result in significant cost to the city;
(iii) the corporation counsel has determined that commencing a civil enforcement action would interfere with a contractual relationship between the city and an entity providing goods or services which would significantly interfere with the provision of important goods or services, or would jeopardize the health and safety of the public; or
(iv) the corporation counsel has determined that the complaint, if filed in a court of competent jurisdiction, would be dismissed for failure to state a claim upon which relief may be based.
If the commissioner of investigation determines that a civil enforcement action may interfere with or jeopardize an investigation by a governmental agency, then the corporation counsel may decline to commence a civil enforcement action based on a proposed civil complaint or to designate the person who submitted such proposed civil complaint to commence such action, provided that the corporation counsel notifies the person who submitted the proposed civil complaint of such determination within ninety days of receipt by the city of such proposed civil complaint and every one hundred eighty days thereafter until such time as the commissioner of investigation determines that such civil enforcement action would no longer interfere with or jeopardize a governmental investigation, at which time the corporation counsel shall provide to the person who submitted the proposed complaint the notification required in paragraph two of subdivision b of this section. The determination by the commissioner of investigation shall be final.
Certain actions barred. This section shall not apply to claims, records, or statements made pursuant to federal, state or local tax law nor to any proposed civil complaints:
based upon one or more false claims with a cumulative value of less than twenty five thousand dollars;
based upon allegations or transactions which are the subject of any pending criminal or civil action or proceeding, including a civil enforcement action, or an administrative action in which the city is already a party;
if substantially the same allegations or transactions as alleged in the proposed complaint were publicly disclosed
(i) in a criminal, civil or administrative hearing;
(ii) in a legislative or administrative report, hearing, audit or investigation; or
(iii) by the news media and likely to be seen by the city officials responsible for addressing false claims; unless the person who submitted the proposed complaint is an original source of the information. The corporation counsel may, in his or her absolute discretion, waive the application of this paragraph.
based upon information discovered by an employee of the city, state or federal government in the course of his or her employment unless: (i) such employee first reported such information to the department of investigation; and (ii) the city failed to act on the information within six months of its receipt by the department of investigation; or
against the federal government, the state of New York, the city or any officer or employee acting within the scope of his or her employment.
Nothing herein shall be construed as authorizing anyone other than the corporation counsel and a person or attorney authorized pursuant to this chapter to commence a civil enforcement action to represent the city of New York in legal proceedings.
Pending and related actions.
No person, other than the corporation counsel, may intervene or bring a related action based upon the facts underlying a civil enforcement action, unless such other person has first obtained the permission of the corporation counsel to intervene or to bring such related action.
Regardless of whether the corporation counsel has commenced a civil enforcement action or another party has been designated to do so, the city may elect to pursue any alternate action with respect to the presentation of false claims, provided that the person who submitted the proposed civil complaint upon which such alternate action is based, if any, shall be entitled to the same percentage share of any cash proceeds recovered by the city as such person would have been entitled to if such alternate action was a civil enforcement action.
Rights of the parties.
If the corporation counsel elects to commence a civil enforcement action, then the city shall have the sole authority for prosecuting, and, subject to the approval of the comptroller, settling the action and may move to dismiss the action, or may settle the action notwithstanding the objections of the person who submitted the proposed civil complaint upon which such civil enforcement action is based.
If a person who submitted a proposed complaint or his or her attorney has been designated to commence a civil enforcement action, then the corporation counsel and such authorized person or attorney shall share authority for prosecuting the case. However, the corporation counsel may move to dismiss the action notwithstanding the objection of the person who submitted the proposed civil complaint provided such person has been served with an appropriate motion and the court has provided such person with an opportunity to be heard. The corporation counsel may also, subject to the approval of the comptroller, settle the action notwithstanding the objection of the person who submitted the proposed civil complaint if the court determines after providing such person with an opportunity to be heard, that the proposed settlement is fair, adequate, and reasonable.
The corporation counsel may apply to the court for and the court may issue an order restricting the participation of a person designated to commence a civil enforcement action in such litigation notwithstanding the objections of such person if the court determines, after providing such person an opportunity to be heard, that such person’s unrestricted participation during the course of the litigation would interfere with or unduly delay the prosecution of the case, or would be repetitious or irrelevant, or upon a showing by the defendant that such person’s unrestricted participation during the course of the litigation would be for purposes of harassment or would cause the defendant undue burden. Such restrictions may include, but need not be limited to:
(i) limiting the number of witnesses such person may call,
(ii) limiting the length of the testimony of such witnesses,
(iii) limiting such person’s cross-examination of witnesses, or
(iv) otherwise limiting such person’s participation in the litigation.
The corporation counsel may apply to the court for a stay of any civil enforcement action if it will interfere with any investigation or prosecution of a criminal matter arising out of the same facts.
Under no circumstances shall the city be bound by an act of a person designated to commence a civil enforcement action.
Awards from proceeds.
If the corporation counsel has elected to commence a civil enforcement action based on a proposed civil complaint, then the person or persons who submitted such proposed civil complaint collectively shall be entitled to receive between fifteen and twenty-five percent of the proceeds recovered in such civil enforcement action or in settlement of such action. Where the court finds that the action was based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil or administrative hearing, in a legislative or administrative report, hearing, audit or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent of the proceeds, taking into account the significance of the information and the role of the person or persons who submitted the proposed civil complaint in advancing the case to litigation.
If a person, or such person’s attorney has been designated to commence a civil enforcement action based on such person’s proposed civil complaint, then such person shall be entitled to receive between twenty-five and thirty percent of the proceeds recovered in such civil enforcement action or in settlement of such action.
The court shall determine the share of the proceeds to which a person submitting a proposed complaint is entitled, and may take into account the following factors:
(i) the extent to which the person who submitted the proposed civil complaint contributed to the prosecution of the action, either in time, effort or finances;
(ii) whether the civil enforcement action was based primarily on information provided by the person who submitted the proposed civil complaint, rather than information derived from public sources such as allegations or transactions in a criminal, civil or administrative hearing, in a legislative or administrative report, hearing, audit or investigation, or from the news media;
(iii) any unreasonable delay by such person in submitting the proposed civil complaint;
(iv) the extent to which the allegations involve a significant safety issue;
(v) whether the person who submitted the proposed civil complaint that formed the basis of the civil enforcement action initiated the violation of section 7-803 of this chapter alleged in such action, in which case the percentage share of the proceeds of the action that such person would otherwise receive under this section may be reduced below the minimum percentages set forth in paragraphs one and two of this subdivision, taking into account the role of such person in advancing the case to litigation and any relevant circumstances including those pertaining to the violation;
(vi) whether the person who submitted the proposed civil complaint that formed the basis of the civil enforcement action has been charged with criminal conduct arising from his or her role in the alleged violation of section 7-803 of this chapter, in which case such person shall not receive any share of the proceeds of the action if convicted on such charges; and
(vii) fundamental fairness and any other factors the corporation counsel and the court deem appropriate.
Costs, expenses and attorneys’ fees.
In any civil enforcement action commenced pursuant to this chapter, the corporation counsel, or a person designated to commence such civil enforcement action, if applicable, may apply for an amount of reasonable expenses, plus reasonable attorneys’ fees, plus costs. Costs and expenses shall include costs incurred by the department of investigation in investigating the false claim and prosecuting conduct relating thereto. All such expenses, attorneys’ fees and costs shall be awarded directly against the defendant and shall not be charged from the proceeds, but shall only be awarded if the city prevails in the action.
In a civil enforcement action commenced by a designated person or such person’s attorney the defendant may apply for an amount of reasonable expenses, plus reasonable attorneys’ fees, plus costs and the court may award such expenses, attorneys’ fees and costs if it determines that such civil enforcement action was frivolous. All such expenses, attorneys’ fees and costs shall be awarded directly against the person or person’s attorney that commenced the action.
The city shall not be liable for any expenses, attorneys’ fees or costs that a person or a person’s attorney incurs in submitting a proposed civil complaint or commencing or litigating a civil enforcement action pursuant to this section.
§ 7-805 Remedies of employees.
Any officer or employee of the city of New York who believes that he or she has been the subject of an adverse personnel action, as such term is defined in paragraph one of subdivision a of section 12-113 of the administrative code of the city of New York; or
(2) any officer or employee of the city or state of New York, who believes that he or she has been the subject of a retaliatory action, as defined by section seventy-five-b of the civil service law; or
(3) any non-public employee who believes that he or she has been the subject of a retaliatory action by his or her employer, as defined by section seven hundred forty of the labor law because of lawful acts of such employee in furtherance of a civil enforcement action brought under this section, including the investigation, initiation, testimony, or assistance in connection with, a civil enforcement action commenced or to be commenced under this section, shall be entitled to all relief necessary to make the employee whole. Such relief shall include but not be limited to:
(i) an injunction to restrain continued discrimination,
(ii) reinstatement to the position such employee would have had but for the discrimination or to an equivalent position,
(iii) reinstatement of full fringe benefits and seniority rights,
(iv) payment of two times back pay, plus interest, and
(v) compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees.
An employee described in subdivision a of this section may bring an action in any court of competent jurisdiction for the relief provided in this section.
§ 7-806 Limitation of actions; burden of proof.
A civil enforcement action shall be commenced no later than the latest following date: (i) six years after the date on which the violation of section 7-803 is committed, or (ii) three years after the date when facts material to the right of action are known or reasonably should have been known by the corporation counsel or the department of investigation, not to exceed ten years after the date on which the violation is committed.
In any civil enforcement action, all essential elements of the cause of action, including damages, shall be proven by a preponderance of the evidence.
§ 7-807 Other law enforcement authority and duties.
This chapter shall not be construed as:
affecting the authority, or relieving the duty, of any federal, state or local law enforcement agency to investigate and prosecute suspected violations of law,
preventing or prohibiting a person from voluntarily disclosing any information concerning a violation of section 7-803 to any such law enforcement agency,
limiting any of the powers granted to the city, elsewhere in this chapter or under other laws, to investigate possible violations of this chapter and take actions against wrongdoers, or
diminishing in any way the responsibility of city employees to report any wrongdoing to the commissioner of investigation pursuant to any executive order or statute.
§ 7-808 Annual report.
Not later than March first of each year following the year of enactment, the corporation counsel shall transmit to the mayor and the speaker of the council a report setting forth, with respect to the prior calendar year, the following information:
The number of proposed civil complaints submitted pursuant to section 7-804;
The number of proposed civil complaints resulting in the corporation counsel commencing a civil enforcement action based upon such submission;
The number of proposed civil complaints resulting in the corporation counsel designating the person, or such person’s attorney, to act as a special assistant corporation counsel for purposes of commencing a civil enforcement action;
The disposition of each civil enforcement action filed, including
(i) whether the case was based on a proposed civil complaint; and
(ii) the monetary value of the award or settlement in each action commenced by the person who submitted a proposed civil complaint to the city; and
(iii) the monetary value of any award or settlement in each action commenced by the city.
The number of proposed civil complaints under review by the city and pending a determination by the corporation counsel as to the commencement of a civil enforcement action;
The number of proposed civil complaints for which the corporation counsel determined not to commence a civil enforcement action and a statistical summary of the reasons for such determinations; and
Any other information related to proposed civil complaints submitted pursuant to section 7-804 which the corporation counsel deems appropriate.
§ 7-809 Comptroller.
Nothing in the local law that added this chapter is intended to modify, supersede or in any way diminish the powers granted to the comptroller pursuant to section ninety-three of the charter to settle and adjust all claims for the city.
§ 7-810 Regulations.
The corporation counsel and the commissioner of investigation shall promulgate such rules as are necessary to effectuate the purposes of this chapter.
Chapter 9: Public Administrators
§ 7-901 Compensation.
The public administrators of the counties within the city shall receive as compensation ninety percent of the amount paid to the judges of the surrogate’s court of the counties within the city.