Authorized Dispositions and Orders

NYC Admin. Code tit. 7, ch. 7, subch. 4

in effect

NYC Admin. Code § 7-723 Limitations on exclusions of natural persons.

§ 7-723 Limitations on exclusions of natural persons. No disposition reached or order issued pursuant to an action brought under this chapter in relation to a public nuisance may exclude any natural person from any property for more than one year, unless the corporation counsel can demonstrate through clear and convincing evidence that unique circumstances exist such that a greater period of exclusion is required to abate the applicable public nuisance. In no case shall such period of exclusion exceed three years. (L.L. 2017/038, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-724 Judicial review.

§ 7-724 Judicial review. The purpose of a disposition reached pursuant to an action bought under this chapter shall be to deter the public nuisance alleged in the action from recurring either at the building, erection or place cited in the action or at any other location under the legal control of a defendant named in the action, and not to deter generally such nuisance from occurring elsewhere. A disposition reached pursuant to an action brought under this chapter shall not be final unless it is so ordered by the court. Nothing in this section shall be construed to prohibit a disposition from including terms or conditions routinely included in stipulations or orders resolving civil litigation. (L.L. 2017/043, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-725 Business owner awareness.

§ 7-725 Business owner awareness. No disposition reached or order issued pursuant to an action brought under this chapter shall permit the closure of any business where the owner or proprietor of such business was not aware of, should not have been aware of, and had no reason or duty to be aware of the public nuisance addressed by such disposition or order. An owner or proprietor's physical absence from a business shall not alone establish that such owner or proprietor was not aware of, should not have been aware of, and had no reason or duty to be aware of such public nuisance. (L.L. 2017/043, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-726 Property rights and awareness.

§ 7-726 Property rights and awareness. No disposition reached or order issued pursuant to an action brought under this chapter shall deprive any natural person of any property right to which such person is otherwise entitled where such person was not aware of, should not have been aware of, and had no reason or duty to be aware of the public nuisance addressed by such disposition or order. A person's physical absence from a building, erection or place in which such nuisance has occurred shall not alone establish that such person was not aware of, should not have been aware of, and had no reason or duty to be aware of such public nuisance. (L.L. 2017/043, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-727 Limitations on applicability.

§ 7-727 Limitations on applicability. Nothing in this subchapter shall be construed to relieve an owner of a building from responsibilities pursuant to section 28-301.1 of chapter 3 of title 28 of the code. (L.L. 2017/043, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-728 Conflicting proceedings.

§ 7-728 Conflicting proceedings. Any action for a permanent injunction brought under this chapter against a natural person shall be dismissed if legal proceedings based on the same or substantially similar factual allegations have been conducted or are being conducted in New York city civil court or by the New York city housing authority, unless the city has a unique and compelling interest that is substantially different from that of the plaintiff in the other legal proceeding. Such interest shall not include the speed with which such case could be resolved. For the purposes of this section, the term "substantially similar factual allegations" shall not be construed to include conduct or actions that occurred subsequent to the allegations included in the relevant legal proceedings conducted in New York city civil court or by the New York city housing authority. (L.L. 2017/032, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-729 Duplicate fines for public nuisances involving alcohol.

§ 7-729 Duplicate fines for public nuisances involving alcohol. To the extent practicable, fines imposed or expected to be imposed by the state liquor authority shall be taken into consideration in evaluating whether a disposition reached in an action brought under this chapter poses an excess burden on the defendant, pursuant to section 7-724. (L.L. 2017/032, 3/18/2017, eff. 5/17/2017)

NYC Admin. Code § 7-730 Willful and flagrant alcohol-related violations.

§ 7-730 Willful and flagrant alcohol-related violations. No disposition reached or order issued pursuant to an action brought under this chapter solely in relation to a public nuisance as defined in subdivision (h) of section 7-703 may require the closure of any business that has a license to sell beer and wine but does not have a license to sell liquor unless the corporation counsel can demonstrate through clear and convincing evidence a willful and flagrant violation of the alcohol beverage control law. (L.L. 2017/044, 3/18/2017, eff. 5/17/2017)

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/0-0-0-4466Fetched: 10/24/2026