N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2135

Powers and duties of receiver (New York City Housing Maintenance Code)

In Force
Verified 10/27/2026 · Next check 11/3/2026
New York CityHabitability & Repair

Operative Text

N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2135
a. A receiver appointed pursuant to this article shall have all of the powers and duties of a receiver appointed in an action to foreclose a mortgage on real property, together with such additional powers and duties as herein granted and imposed. Such receiver shall not be required to file any bond.


b. The receiver shall with all reasonable speed remove violations in the dwelling and its premises, including those constituting a fire hazard or a threat to life, health or safety. He or she may also, in addition to ordinary repairs, maintenance and replacement, make other improvements to effect a rehabilitation of the property, in such fashion as is consistent with maintaining safe and habitable conditions over the remaining useful life of the dwelling. He or she shall have the power to let contracts or incur expenses therefor in accordance with the provisions of law applicable to contracts for public works except that advertisement shall not be required for each such contract. Notwithstanding any provision of law, the receiver may let contracts or incur expenses for individual items of repairs, improvements or supplies without the procurement of competitive bids where the total amount of any such individual item does not exceed twenty-five hundred dollars.


c. The receiver shall collect the accrued and accruing rents, issues and profits of the dwelling and apply the same to the cost of the repairs and improvements authorized in subdivision (b) of this section, to the payment of expenses reasonably necessary to the proper operation and management of the property, including insurance and the fees of the managing agent, and the necessary expenses of his or her office as receiver, the repayment of all moneys advanced to the receiver by the department of housing preservation and development to cover the costs incurred by the receiver and interest thereon; and then, if there be a surplus, to unpaid taxes, assessments, water rents, sewer rents and penalties and interest thereon, and then to sums due to mortgagees or lienors. If the income of the property shall be insufficient to cover the cost of the repairs and improvements or the expenses reasonably necessary to the proper operation and management of the property and other necessary expenses of the receiver, the department of housing preservation and development shall advance to the receiver any sums required to cover such cost and expense and thereupon shall have a lien against the property having the priority provided in article eight of this subchapter for any such sums so advanced with interest thereon.


d. The receiver shall be entitled to the same fees, commissions and necessary expenses as receivers in actions to foreclose mortgages. Such fees and commissions shall be paid into the fund created pursuant to section 27-2111 of article one of this subchapter. The receiver shall be liable only in his or her official capacity for injury to person and property by reason of conditions of the premises in a case where an owner would have been liable; such receiver shall not have any liability in his or her personal capacity. The personnel and facilities of the department of housing preservation and development and the corporation counsel shall be availed of by the receiver for the purpose of carrying out his or her duties as receiver, and the costs of such services shall be deemed a necessary expense of the receiver.
Source: Legislative text reproduced verbatim
Plain English

Under N.Y.C. Admin. Code §§ 27-2001 and 27-2135, a court-appointed receiver takes on broad authority to manage a residential dwelling that has fallen into disrepair or legal trouble. The receiver is empowered to collect rents, remove violations—including fire hazards and threats to life, health, or safety—and make repairs or improvements needed to keep the building safe and habitable. Collected rents are applied in a specific order: first to repair costs and operating expenses, then to taxes and liens, with the New York City Department of Housing Preservation and Development authorized to advance funds if rental income falls short.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Property owners subject to a receivership under §§ 27-2001 and 27-2135 should understand that a receiver steps into a management role with legal authority to collect rents, enter contracts for repairs, and incur expenses—all without the owner's day-to-day direction. Compliant operators generally maintain buildings in safe and habitable condition precisely to avoid the conditions that lead to court-ordered receivership in the first place. Any funds advanced by the New York City Department of Housing Preservation and Development to the receiver create a lien against the property, meaning unresolved building conditions can translate into financial encumbrances on the owner's title.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

For tenants living in a building placed under receivership pursuant to §§ 27-2001 and 27-2135, this provision means that a court-appointed receiver—not the original landlord—becomes responsible for collecting rent and addressing violations, including those that threaten life, health, or safety. Tenants retain their right to habitable conditions during the receivership period, and the receiver is legally obligated to act with reasonable speed to remove hazardous conditions. Tenants who believe violations are not being addressed may consider contacting the New York City Department of Housing Preservation and Development or reaching out to a tenant-rights organization familiar with receivership proceedings.

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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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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