[Remedies for Public Nuisances Generally; Permanent Injunction]

NYC Admin. Code tit. 7, ch. 7, subch. 2

in effect

NYC Admin. Code § 7-705 Applicability.

§ 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. (Am. L.L. 2017/041, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-706 Action for permanent injunction.

§ 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. (b) 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. (c) 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. (d) Service of summons on other defendants. 1. 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. 2. 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. (e) 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. (f) 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. (g) 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. (h) 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. (i) 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. (Am. L.L. 2017/035, 3/18/2017, eff. 5/17/2017; Am. L.L. 2017/041, 3/18/2017, eff. 5/17/2017; Am. L.L. 2017/042, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-707 Preliminary injunction.

§ 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. (b) 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. (c) 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. (Am. L.L. 2017/032, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-708 Motion papers for preliminary injunction.

§ 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. (Am. L.L. 2017/036, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-709 Temporary closing order.

§ 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. (b) 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. (Am. L.L. 2017/032, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-710 Temporary restraining order.

§ 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. (b) 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. (Am. L.L. 2017/032, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-711 Temporary closing order; temporary restraining order.

§ 7-711 Temporary closing order; temporary restraining order. (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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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.

NYC Admin. Code § 7-712 Temporary closing order; temporary restraining order; defendant's remedies.

§ 7-712 Temporary closing order; temporary restraining order; defendant's remedies. (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. (b) 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.

NYC Admin. Code § 7-713 Temporary receiver.

§ 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. (b) 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. (c) 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. (d) 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. (e) 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.

NYC Admin. Code § 7-714 Permanent injunction.

§ 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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. (g) 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.

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/0-0-0-4392Fetched: 10/24/2026