New York Consolidated Laws

N.Y. Public Health Law § 1374 (2026)

Receivership

✓ current as of May 2026
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§ 1374. Receivership.  1. In the event of failure to comply with an
order issued pursuant to this title and containing provision for such
application, the officer issuing the order may apply to a court of
competent jurisdiction in the county wherein the dwelling is located for
an order appointing such officer or his designee receiver of the rents
of such dwelling for the purpose of effectuating the provisions of such
order.
  2. An application for appointment of a receiver hereunder shall be on
at least ten days' notice to the owner of the dwelling, effected in the
same manner as in an action to foreclose a mortgage. A receiver
appointed hereunder shall not have any right superior to those of any
mortgagee or lienor of record who has not had at least ten days' notice,
by personal service or registered or certified mail, of the application
for appointment of a receiver.
  3. A receiver appointed hereunder shall have the power to collect the
accrued and accruing rents of the dwelling and shall apply such
collected rents to costs and expenses incurred in connection with (a)
removing, replacing, repainting and covering surfaces of the dwelling
necessary to effectuate the provisions of the order of abatement, (b)
interim operation and management of the dwelling, (c) administration of
the receivership.
  4. As soon as practicable after completion of his duties, the receiver
shall render a full accounting to the court and, upon payment over of
any surplus moneys to the owner or other persons as the court may
approve or direct and upon the order of the court, he shall be relieved
of any further responsibility or liability in connection with his
receivership.
Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: Pelaez v. Seide, 810 N.E.2d 393 (N.Y. 2004).
Pelaez v. Seide, 810 N.E.2d 393 (N.Y. 2004). “We recognize that municipalities have certain enforcement mechanisms at their disposal, such as the ability to issue a notice and demand for discontinuance (see Public Health Law § 1373), but property owners must first fail to comply before the municipality can take steps, such…”
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