Soho Lofts: N.Y. Multiple Dwelling Law (MDL)

N.Y. Multiple Dwelling Law > Article 8 > Section 302-b

Article 8, N.Y. Multiple Dwelling Law
Section 302-b, Removal Of Violations By Mortgagees.

MDL Section 302-b

   §  302-b  Removal Of Violations By Mortgagees.

   1.  Notwithstanding any other provision of law, where a receiver has been appointed in foreclosure proceedings instituted by a mortgagee with respect to any multiple dwelling, such mortgagee may advance to such receiver funds necessary for the operation of such multiple dwelling and for the making of repairs therein necessary to remove conditions constituting violations of this chapter. Such receiver shall, to the extent possible, repay any and all such advances from income received by him with respect to the property and, if such income is insufficient to permit complete repayment of such advances, any amounts which cannot be so repaid, with interest, shall be added to the amount of the lien of such mortgagee upon entry of a foreclosure judgment, provided, however, that such amounts shall not be the basis for any additional personal liability on the part of the mortgagor.

   2.  Notwithstanding any other provisions of law, a mortgagee advancing funds to a receiver pursuant to subdivision one of this section shall be liable only for gross and willful negligence with respect to any repair made at his direction and with funds so advanced.

Source: N.Y. State Legislature

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