Poughkeepsie, N.Y., Code of Ordinances ch. 12 § 12-23.2
Enforcement of civil penalty; collection of judgment
Operative Text
(a) The Corporation Counsel may bring an action in court for the recovery of civil penalties imposed pursuant to this Chapter, together with costs and disbursements. (b) The defendant in an action for civil penalties may show, in mitigation of his liability: (1) That the violation giving rise to the action was caused by the willful act or gross negligence, neglect or abuse of another pursuant to Subsection (d) hereof; or (2) That he began to correct the violation promptly upon receipt of notice hereof, but that its full correction could not be completed within the time provided because of technical difficulties, inability to obtain necessary materials or labor or inability to gain access to the dwelling unit wherein the violation occurs. (c) If the court finds, upon a showing by the defendant as provided in Subsection (b) , that sufficient mitigating circumstances exist, it may remit all or part of the accumulated civil penalties arising from the violation with respect to which such a showing was made. (d) The defendant in an action for civil penalties who has corrected violations giving rise to the action and who asserts that such a violation was caused by the willful act or gross negligence, neglect or abuse of a third party may request the court to permit consolidation of his action for the reasonable cost of such collection against such third party with the action for civil penalties. (e) When the Corporation Counsel obtains a judgment in an action under this Article, in addition to the appropriate methods of enforcement for judgments established in the civil practice law and rules, such judgments for penalties shall constitute a lien and shall be filed with the Commissioner of Finance, within one-year from the entry of the judgment, and the total amount thereof shall be added to and become a part of the next annual assessment roll at the time and in the manner prescribed by the Charter of the city and subject to all the provisions thereof.
Section 12-23.2 of Poughkeepsie's Code of Ordinances, Chapter 12, establishes the legal process by which civil penalties assessed under the housing chapter are collected and enforced. The Corporation Counsel may sue in court to recover those penalties, and defendants have the opportunity to present mitigating circumstances—such as prompt corrective action or third-party fault—that may lead a court to reduce or eliminate the accumulated penalties. Judgments obtained under this provision can become liens on property and be added to the city's annual tax assessment roll if filed with the Commissioner of Finance within one year of the judgment.
Plain English — not legal advice.
Under § 12-23.2, property owners facing a civil-penalty action brought by the Corporation Counsel generally benefit from documenting any corrective steps taken promptly after receiving notice of a violation, as courts may consider such efforts in mitigation. Operators who believe a violation was caused by a tenant or other third party should preserve evidence of that conduct, since the provision allows for consolidation of a cost-recovery claim against that third party. Because an unpaid judgment can become a lien attached to the property and appear on the annual tax assessment roll, compliant operators typically resolve outstanding penalties before they reach the judgment stage.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 12-23.2 is primarily directed at landlords and the city's enforcement process, but tenants should be aware that it governs how civil penalties assessed against a property owner are collected, including the possibility that judgments become liens on the building. If a tenant believes a housing violation exists, they can report it to the appropriate city authority so that the enforcement process described in Chapter 12 § 12-23.2 may be initiated. Tenant-rights organizations in Poughkeepsie can help residents understand how the penalty and lien process may affect their housing situation and what options are generally available to them.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.