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City Sheriff

NYC Admin. Code tit. 7, ch. 5
in effect

NYC Admin. Code § 7-501 Bond of sheriff.

§ 7-501 Bond of sheriff. a. 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. b. 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.

NYC Admin. Code § 7-503 Sheriff; accounting for fees.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/053.

NYC Admin. Code § 7-504 Statement of account to comptroller.

§ 7-504 Statement of account to comptroller. a. 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. b. 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. c. 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.

NYC Admin. Code § 7-505 Penalty for failure to account to comptroller.

§ 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.

NYC Admin. Code § 7-506 Disposition of moneys collected.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/053.

NYC Admin. Code § 7-507 Sheriff's books and records.

§ 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.

NYC Admin. Code § 7-508 Sheriff's sale.

§ 7-508 Sheriff's sale. a. Auctioneer; fees. 1. 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. 2. 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. 3. 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. b. 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. c. Deductions for expenses; record. 1. 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. 2. 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. 3. 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. d. 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.

NYC Admin. Code § 7-509 Storage of property; payment.

§ 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.

NYC Admin. Code § 7-510 Inquiry for enforcement of judgments owed to the city.

§ 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.

NYC Admin. Code § 7-513 Counsel. [Repealed] Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/053.

NYC Admin. Code § 7-514 Fees defined.

§ 7-514 Fees defined. 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.

NYC Admin. Code § 7-515 Additional hours.

§ 7-515 Additional hours. a. 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. b. 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/053.

NYC Admin. Code § 7-516 Construction clause.

§ 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.

NYC Admin. Code § 7-517 Report on enforcement against unlicensed sellers of cigarettes, electronic cigarettes, tobacco products and illicit cannabis.

§ 7-517 Report on enforcement against unlicensed sellers of cigarettes, electronic cigarettes, tobacco products and illicit cannabis. a. Definitions. For the purposes of this section the following terms have the following meanings: Cigarette. The term “cigarette” has the same meaning as set forth in section 20-201. Electronic cigarette. The term “electronic cigarette” has the same meaning as set forth in section 20-560. Illicit cannabis. The term “illicit cannabis” means cannabis or a cannabis product, as such terms are defined in section 3 of the cannabis law, or a product marketed or labeled as such, which is offered for sale by a person who does not have a registration, license, or permit to sell such cannabis or other product. Illicit products. The term “illicit products” means illicit cannabis or cigarettes, electronic cigarettes, or tobacco products sold or held for sale in violation of sections chapter 5-A of title 7, chapter 13 of title 11, chapter 7 of title 17, or chapter 2 of title 20 of this code. Inspection. The term “inspection” means an inspection conducted by employees of the office of the city sheriff or the department of finance for the purposes of enforcement against the sale of illicit products. Owner. The term “owner” means the owner or owners of a premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm, corporation, or other entity directly or indirectly in control of a premises. Reporting period. The term “reporting period” means a 3-month period concluding on November 30, 2024 and each 3-month period thereafter. Tobacco product. The term “tobacco product” has the same meaning as set forth in section 20-201. Unlicensed seller. The term “unlicensed seller” means a retailer, distributor, or other seller of illicit products. b. No later than 45 days after the end of any reporting period, the office of the city sheriff, in consultation with the police department, shall provide a report to the mayor and the speaker of the council, with respect to inspections occurring during such reporting period. Such report shall include information on the following items for the reporting period: 1. The total number of locations where an inspection occurred; 2. The total number of locations where an inspection occurred and revealed the sale of illicit products, and the addresses of such locations; 3. The total number of civil summonses issued to unlicensed sellers, disaggregated by the specific violations cited in such summonses; 4. The total number of criminal summonses issued to unlicensed sellers, disaggregated by the specific violations cited in such summonses; 5. The total number of arrests made during an inspection by a peace officer appointed pursuant to subdivisions 2 or 5 of section 2.10 of the criminal procedure law, disaggregated by top offenses charged; 6. Any agency that has been designated by the office of the city sheriff pursuant to subdivision e of section 7-552, and the duration of such designation; 7. The total number of written notices or civil summonses issued to owners of the commercial premises pursuant to section 10-186; 8. The total number of owners found to have violated subdivision b of section 10-186 in each council district; and 9. The total number of sealing orders issued pursuant to section 7-552. c. No later than 45 days after the end of any reporting period, the department of finance, in consultation with the office of administrative trials and hearings and any agency that has been designated by the office of the city sheriff pursuant to subdivision e of section 7-552, shall submit a report to the mayor and the speaker of the council indicating: 1. the total number of sealing orders issued pursuant to section 7-552 of this title for which the office of administrative trials and hearings issued a recommendation to the office of the city sheriff with respect to whether such order to seal was properly issued in accordance with the provisions of such section; 2. for each location that was issued a temporary closing order, the recommendation from the office of administrative trials and hearings on whether to uphold a sealing order; 3. the total dollar amount for civil penalties issued pursuant to 7-551 of this title; 4. the total dollar amount of penalties that resulted in a default judgment or for which such office found the respondent in violation; and 5. for all civil penalties issued pursuant to 7-551 of this title, since January 1, 2025, the total amount of such civil penalties that have been collected. (L.L. 2023/107, 7/23/2023, eff. 7/23/2023; Am. L.L. 2024/131, 12/21/2024, eff. 12/21/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/131.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-4193Fetched: 10/24/2026

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