N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2132
Order to show cause (New York City Housing Maintenance Code)
Operative Text
a. The department, upon failure of the owner to comply with an order 27-2131 of this article within the time provided therein, may thereafter apply to a court of competent jurisdiction in the county where the property is situated for an order directing the owner and any mortgagees or lienors of record to show cause why the commissioner of housing preservation and development should not be appointed receiver of the rents, issues and profits of the property and why the receiver should not remove or remedy such condition and obtain a lien in favor of the department of housing preservation and development against the property having the priority provided in article eight of this subchapter to secure repayment of the costs incurred by the receiver in removing such conditions. Such application shall contain (a) proof by affidavit that an order of the department has been issued, served on the owner, mortgagees and lienors, and filed, in accordance with section 27-2131 of this article; (b) a statement that a serious fire hazard or a serious threat to life, health, or safety continued to exist in said dwelling after the time fixed in the department order for correction of the condition, and a description of the dwelling and conditions involved; (c) a brief description of the nature of the work required to remove or remedy the condition and an estimate as to the cost thereof. b. The order to show cause shall be returnable not less than five days after service is completed. c. A copy of the order to show cause, and the papers on which it is based, shall be served on the owner, mortgagees of record, and lienors. If any such persons cannot with due diligence be served personally within the city within the time fixed in the order, then service may be made by posting a copy of the order in a conspicuous place on the premises, and by sending a copy thereof by registered mail to the owner at the last address, if any, registered by such owner with the department, or to his or her last address, if any, known to the department, or, in the case of a mortgagee or lienor, to the address set forth in the recorded mortgage or lien, and by publication in a newspaper of general circulation in the county where such premises are located. Service shall be deemed complete on filing proof thereof in the office of the clerk of the court in which application for such order is made.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2132, when a property owner fails to comply with a department order within the required timeframe, the city's housing agency may seek a court order compelling the owner—along with any mortgagees or lienors of record—to explain why a receiver should not be appointed to manage the property's rents and revenues. The appointed receiver would be authorized to address serious fire hazards or threats to life, health, or safety, and the costs incurred could be secured by a lien against the property. The court process includes specific notice requirements, with the show-cause order returnable no fewer than five days after service is completed.
Plain English — not legal advice.
Property owners subject to a department order under §§ 27-2001 and 27-2132 should be aware that persistent noncompliance can trigger a court proceeding in which the city seeks appointment of a receiver over the property's rents and profits. Compliant operators generally respond promptly to department orders, correct cited conditions within the prescribed timeframes, and maintain current contact information on file with the department to ensure proper notice. Mortgagees and lienors of record are also named in such proceedings, so all parties with a financial interest in the property may be drawn into the court process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in a dwelling with serious fire hazards or threats to life, health, or safety, §§ 27-2001 and 27-2132 establish a mechanism by which the city can seek court appointment of a receiver when an owner has failed to correct conditions ordered by the department. This receivership process is designed to ensure that dangerous conditions are remediated even when an owner does not act, with costs recovered through a lien on the property rather than from tenants. Tenants who believe their building has uncorrected hazardous conditions may consider contacting the New York City Department of Housing Preservation and Development, consulting a tenant-rights organization, or exploring whether a housing court proceeding is already underway.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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