N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2146
Validity of lien; grounds for challenge (New York City Housing Maintenance Code)
Operative Text
a. In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on: (1) The lawfulness of the repair or other work done; or (2) The propriety and accuracy of the expense for which a lien is claimed, except as provided in this section. b. No challenge may be made except by (1) the owner of the property, or (2) a mortgagee or lienor whose mortgage or lien would, but for the provisions of section 27-2144 of this article, have priority over the department's lien. c. An issue specified in subdivision a which was decided, or could have been contested, in a prior court proceeding to secure a court order to repair under article five of this subchapter or to secure the appointment or the discharge of a receiver under article six of this subchapter, shall not be open to reexamination, but if any mortgagee or lienor entitled to notice of such prior proceeding was not served and did not appear therein, his or her mortgage or lien shall have priority over the lien of the department. In addition to this limitation, an owner who has been served with a statement pursuant to section 27-2129 of article five of this subchapter, or his successor in interest, may not subsequently contest the expense contained therein unless such owner or successor in interest notified the department in writing of his or her objection to the statement of account in the manner and within the time period provided in section 27-2129 of article five of this subchapter. d. With respect to any issue specified in subdivision a which is not subject to subdivision c, the statement of the department made pursuant to section 27-2145 of this article shall be presumptive evidence of the facts stated therein.
N.Y.C. Admin. Code §§ 27-2001 and 27-2146 govern when and how a city-placed lien for emergency repair costs can be challenged. Once the city records such a lien, its validity generally cannot be attacked on the grounds that the underlying repair work was unlawful or that the charged expenses were improper—except under specific, limited circumstances spelled out in the section. Only the property owner or a mortgagee or lienor whose priority would otherwise be affected by section 27-2144 may raise a challenge at all. Additionally, issues already decided—or that could have been raised—in a prior court proceeding are generally barred from being relitigated, and the department's own statement of costs serves as presumptive evidence of the facts it contains.
Plain English — not legal advice.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2146, property owners who receive a statement of account pursuant to section 27-2129 and wish to dispute the expenses listed must act promptly: the provision bars later challenges if the owner failed to notify the department in writing of any objection within the time and manner that section 27-2129 requires. Compliant operators generally review cost statements as soon as they are received, document any factual disagreements in writing, and submit objections through the department's prescribed process before deadlines pass. Owners who participate in prior court proceedings—such as those to secure a repair order or appoint a receiver—should understand that issues raised or available in those proceedings typically cannot be reopened later under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code §§ 27-2001 and 27-2146 primarily address the rights of property owners and mortgage holders to contest city repair liens, so tenants are not directly named as parties who may challenge lien validity under this provision. However, tenants living in buildings subject to emergency repair actions may find it useful to understand that the city's cost statements carry presumptive evidentiary weight, which can affect how ownership disputes and lien proceedings unfold in their building. Tenants seeking to understand how repair liens or related proceedings might affect their housing situation can consult a tenant-rights organization or review resources provided by the New York City Department of Housing Preservation and Development.
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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