N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2117
Stay of accumulation of per diem penalties during pendency of action (New York City Housing Maintenance Code)
Operative Text
(a) In any action for penalties under this article, the defendant may move at any time before the trial of the case for an order to stay the further accumulation of the per diem penalty from the day the action is commenced until the same is finally terminated by judgment or otherwise, including the time necessary for judicial review. The housing part of the civil court shall grant the motion if the defendant shows to the satisfaction of the court that there is a substantial and real issue of fact or law concerning the existence of the violation charged. The court may impose such conditions on the granting of the motion as justice may require. (b) Nothing in this article shall prevent an owner from contesting the finding of a violation by the department, in advance of the department's action for the collection of penalties in the housing part of the civil court of the city of New York or by any other means provided by law. In any such action or proceeding, the court may stay the further accumulation of the per diem penalty in the same manner and under the same conditions as provided in subdivision (a) of this section.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2117, when a property owner faces a lawsuit seeking per diem (daily) penalties for a housing violation, the daily penalty clock can be paused — or 'stayed' — during the time the case is pending in court, including any appeals. A stay is available if the owner can demonstrate to the Housing Part of the Civil Court that a genuine factual or legal dispute exists about whether the violation actually occurred. Separately, an owner may also challenge a violation finding before the city even files a penalty action, and a court may similarly pause penalty accumulation in that context.
Plain English — not legal advice.
Property owners and managers facing per diem penalty actions under N.Y.C. Admin. Code §§ 27-2001 and 27-2117 generally have the option to seek a court order halting the daily accumulation of penalties while litigation is ongoing. Operators who believe a genuine factual or legal dispute exists regarding the underlying violation typically file a motion for a stay in the Housing Part of the Civil Court before trial. Owners may also proactively contest a violation finding before the city initiates a formal penalty collection action, which can provide an additional avenue to request a stay of accumulating penalties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2117, tenants should be aware that a landlord facing per diem penalties for a housing violation may seek a court-ordered pause on the accumulation of those penalties while a case is pending. If a stay is granted, the financial pressure on the landlord from daily penalties is temporarily reduced during litigation. Tenants who have concerns about how this process may affect enforcement of violations in their building can reach out to tenant-rights organizations or consult the New York City Department of Housing Preservation and Development for information about their options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.