Albany, N.Y., Code of Ordinances ch. 231 § 231-123
Recovery of expenses
Operative Text
The expenses incurred pursuant to § 231-122 of this code shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other violation. The chief officer of the Bureau shall file among its records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by § 231-122 . The chief officer of the Bureau may institute a suit to recover such expenses against any person liable for such expenses. Such expenses shall be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which has priority over the lien of any recorded mortgage or lien on such property executed and recorded prior to the existence of a lien herein authorized.
Section 231-123 of Albany's Code of Ordinances establishes how the city recovers costs it incurs when it takes corrective action under § 231-122 against a nuisance or code violation. The owner, occupant, or whoever caused the violation is responsible for reimbursing those expenses, and the Bureau's chief officer must document the costs in an affidavit and may file a lawsuit to collect them. The unpaid expenses become a lien on the property, though that lien generally does not take priority over previously recorded mortgages or other liens—except when the expenses stem from demolition.
Plain English — not legal advice.
Under § 231-123, property owners in Albany can be held financially responsible for any remediation costs the city incurs under § 231-122, even if a tenant or third party caused the underlying nuisance or violation. Compliant operators typically address code violations promptly to avoid city-initiated corrective action, since unresolved expenses can be recorded as a lien against the property. Keeping thorough records of maintenance and repairs can help document that an owner acted in good faith if a cost-recovery dispute arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 231-123 makes clear that liability for the city's remediation expenses can fall on an occupant who caused or maintained a nuisance or violation, not just the property owner. Tenants who receive any notice related to § 231-122 enforcement actions should be aware that the Bureau's chief officer is required to document all claimed expenses in an affidavit, which can be reviewed as part of any legal proceeding. Tenant-rights organizations in Albany can help occupants understand whether a cost-recovery claim or lien under this provision is being applied appropriately to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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