2023 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.