NY Mult Dwell L § 304 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 8 - Requirements and Remedies 304 - Penalties for Violations.

§  304.  Penalties  for  violations.  1.  Except  as otherwise in this   section specifically provided, every person who shall violate or  assist   in  the  violation of any provision of this chapter shall be guilty of a   misdemeanor punishable, for a first offense, by a fine of not  exceeding   five  hundred  dollars  or by imprisonment for a period of not exceeding   thirty days, or by both such fine and imprisonment; for the  second  and   any  subsequent offense arising from the failure to remove the violation   upon which the first offense was based, by a fine of not  exceeding  one   thousand  dollars  or  by imprisonment for a period of not exceeding six   months, or by both such fine and imprisonment.1-a. Every person who shall violate or assist in the violation of  any   provision  of  sections  twenty-nine,  thirty-seven,  sixty-two,  eighty   eighty-one, eighty-three or three hundred twenty-five  of  this  chapter   shall be guilty of an offense. The maximum fine for a first violation of   any  provision  of  such  sections  hereinbefore in this subdivision set   forth, with respect to a particular dwelling, shall  be  fifty  dollars;   the  maximum  fine  for  the  second offense arising from the failure to   remove the violation upon which the first offense was based shall be two   hundred fifty dollars; the maximum fine for the third or any  subsequent   offense  arising from the failure to remove the violation upon which the   first and second offenses were based shall be five hundred dollars. Such   a violation under this subdivision shall not be a crime and the  penalty   or  punishment  imposed  therefor  shall not be deemed for any purpose a   penal or criminal penalty  or  punishment,  and  shall  not  impose  any   disability  upon  or  affect  or impair the credibility as a witness, or   otherwise, of any person convicted thereof.2. Any person who, having been served with a notice or order to remove   any nuisance or violation, shall fail to comply  therewith  within  five   days  after  such service, or shall continue to violate any provision or   requirement of this chapter in the  respect  named  in  such  notice  or   order,  shall  also  be  subject to a civil penalty of two hundred fifty   dollars.  Such persons shall also be liable for all costs, expenses  and   disbursements incurred by any such department or its agent or contractor   in the removal of any such nuisance or violation.3. In case the notice required by section three hundred twenty-five is   not  filed,  or the owner of a dwelling does not reside within the state   or cannot after diligent effort be  served  with  process  therein,  the   existence  of a nuisance or of any other violation of this chapter or of   an order or a notice made by the department, shall subject the  dwelling   and lot to a penalty of two hundred fifty dollars.4.  An  action  may  be  brought  in  any  court  of  competent  civil   jurisdiction  for  the  recovery  of  any  such  penalties,  costs   and   disbursements.5.  All  penalties  collected  shall  be paid into the treasury of the   city, but no provision of this chapter  shall  prohibit  the  city  from   creating  and  maintaining  out of such penalties a separate fund not in   excess of twenty-five thousand dollars, out of which payment may be made   for repairs made by any department charged with the enforcement of  this   chapter  or  its  agents  or  contractors,  as provided in section three   hundred nine.6. No civil or criminal liability  or  penalty  shall  attach  to  any   person  who  has  acquired  or  shall  acquire any tenement or converted   dwelling by foreclosure of a mortgage or deed in lieu of foreclosure  of   a  mortgage, because of his failure for a period of six months after the   delivery of the referee's deed in foreclosure or the  delivery  of  such   deed  in  lieu  of  foreclosure,  to  comply with the provisions of this   chapter in reference to such tenement or converted dwelling, provided he   remains the owner thereof. Upon the transfer of  title  by  such  person    prior  to  the termination of the said six months, and in any event upon   the termination of such period, such penalties shall apply  as  provided   in this section.6-a.  No  civil  or  criminal liability or penalty shall attach to any   person who has, by an order of a court, been appointed as a receiver  in   a  foreclosure  action  to  collect  rents, because of his failure for a   period of six (6) months after he qualifies as such receiver, to  comply   with any of the provisions of this chapter.Upon the receiver's discharge by the court prior to the termination of   such  period,  and in any event upon the termination of such period, the   penalties provided in this section shall thereafter apply.6-b. No civil or criminal liability or penalty  shall  attach  to  any   person  who  shall  by  operation  of  law become an owner of a multiple   dwelling then or thereafter certified and declared a public nuisance  to   any  extent  pursuant to paragraph b of subdivision one of section three   hundred nine of this chapter, or the holder or beneficial owner of stock   in such owner, if a corporation, because of his failure to  comply  with   any  of  the provisions of this chapter for a period of six months after   he acquires  ownership  of  said  multiple  dwelling  or  the  stock  or   beneficial interest in the stock of a corporation which is the owner.7.  None  of  the civil or criminal penalties provided in this section   shall apply to any person because of his  failure  to  comply  with  the   provisions  of  section  two  hundred  thirty-three, subdivision four of   section two hundred  thirty-eight,  subdivision  three  of  section  two   hundred forty or subdivisions two and three of section two hundred fifty   in  reference  to any old-law tenement, if he agrees in writing with the   department to comply with such provisions or to vacate or demolish  such   tenement,  within  a  period  not  exceeding  six  months  fixed  by the   department.  Such  agreement  shall  be  in  form  satisfactory  to  the   department,  and  shall  contain  provisions  to  secure the performance   thereof and such other  terms  as  may  be  mutually  agreed  upon.  The   transfer  of title or control by such person, or the termination of such   period  by  limitation,  shall  subject  the  person  then  directly  or   indirectly  in  control  of such tenement to the penalties prescribed by   this section, if violations of such provisions then exist.8. Whenever a multiple dwelling shall  have  been  declared  a  public   nuisance  to  any  extent  pursuant to paragraph b of subdivision one of   section three hundred nine of this chapter and  such  declaration  shall   have been filed as therein provided, all officers, directors and persons   having  an interest, as holder or beneficial owner thereof, in more than   ten per cent of the issued and outstanding  stock  of  any  corporation,   other  than  a  banking  organization  as  defined in section two of the   banking law, a national banking association, a federal savings and  loan   association,  The  Mortgage  Facilities  Corporation, Savings Banks Life   Insurance Fund, The  Savings  Banks  Retirement  System,  an  authorized   insurer as defined in section one hundred seven of the insurance law, or   a  trust  company  or other corporation organized under the laws of this   state all the capital stock of which is owned by at least twenty savings   banks or a subsidiary corporation all of the capital stock of  which  is   owned  by such trust company or other corporation, then in operation and   control of such multiple dwelling,  shall,  in  addition  to  all  other   liabilities  and  penalties  provided  in this chapter and elsewhere, be   jointly and severally liable  for  all  injury  to  person  or  property   thereafter  sustained  by  any  tenant  of such multiple dwelling or any   other person  by  reason  of  the  condition  constituting  such  public   nuisance  and  for all costs and disbursements including attorneys' fees   of any suit brought by such tenant or other person. 9. No civil or criminal liability  or  penalty  shall  attach  to  any   person  by reason of his ownership or beneficial ownership of stock in a   corporation owning a multiple dwelling declared to be a public  nuisance   pursuant to paragraph b of subdivision one of section three hundred nine   of  this  chapter  because  of  his  failure  to  comply with any of the   provisions of this chapter, whose interest in such corporation  is  less   than  twenty-five  per cent of the issued and outstanding stock thereof,   as owner or beneficial owner thereof, and who has sustained  the  burden   of  proving  that  he has not participated directly or indirectly in the   management, operation or control of such multiple dwelling.10. No criminal liability or penalty shall attach  to  any  person  by   reason   of  his  ownership  or  beneficial  ownership  of  stock  in  a   corporation owning a multiple dwelling declared to be a public  nuisance   pursuant to paragraph b of subdivision one of section three hundred nine   of  this  chapter  because  of  his  failure  to  comply with any of the   provisions of this chapter unless and until  he  has  had  a  reasonable   period of time to comply following his having become an owner as defined   in this chapter.11. The term "person" as used in this section shall include the owner,   mortgagee   or  vendee  in  possession,  assignee  of  rents,  receiver,   executor,  trustee,  lessee,  agent  or  any  other  person,   firm   or   corporation  directly  or  indirectly  in  control of a dwelling or part   thereof. Whenever a multiple dwelling shall have been declared a  public   nuisance  to  any  extent  pursuant to paragraph b of subdivision one of   section three hundred nine of this chapter and  such  declaration  shall   have  been  filed as therein provided, the term "person" shall be deemed   to  include,  in  addition  to  those  mentioned  hereinabove,  all  the   officers,  directors  and  persons  having  an interest in more than ten   percent of the issued and outstanding  stock  of  the  owner  as  herein   defined,  as  holder  or  beneficial  owner thereof, if such person be a   corporation other than a banking organization as defined in section  two   of  the  banking  law, a national banking association, a federal savings   and loan association, The Mortgage Facilities Corporation, Savings Banks   Life Insurance Fund, The Savings Banks Retirement System, an  authorized   insurer as defined in section one hundred seven of the insurance law, or   a  trust  company  or other corporation organized under the laws of this   state all the capital stock of which is owned by at least twenty savings   banks or a subsidiary corporation all of the capital stock of  which  is   owned by such trust company or other corporation.