Russell Gardens, N.Y., Code of Ordinances ch. 40 (eCode360 ed. 2026) § 40-5
Unpaid charge to become a lien
Operative Text
If any owner of an apartment house in the village fails to pay any annual or other charges required to be paid to the village pursuant to this chapter within 30 days of the notification from the village that the charge is due and owing, the charge shall automatically become a lien against the apartment house and the real property upon which it is located and shall bear interest at the highest rate permitted by law, calculated from the date that said charge became due and owing to the village. The Village Clerk, without further notification to the owner of the apartment house, shall make a notation of the lien in a docket maintained for that purpose and shall also make a notation of the existence of the lien in all village files relating to the apartment house and the property upon which it is located.
Under Russell Gardens, N.Y., Code of Ordinances ch. 40 § 40-5, when an apartment house owner does not pay required village charges within 30 days of receiving notice, those unpaid charges automatically become a lien on the property and begin accruing interest at the highest rate permitted by law from the original due date. No additional warning or court action is needed for the lien to attach. The Village Clerk records the lien in a dedicated docket and notes it in all village files associated with the property.
Plain English — not legal advice.
Russell Gardens, N.Y., Code of Ordinances ch. 40 § 40-5 makes timely payment of village charges a critical operational priority for apartment house owners. Compliant operators track all annual and other charges assessed by the village and remit payment within the 30-day window following notification to prevent an automatic lien from attaching to their property. Because the lien takes effect without any further notice and interest begins accruing from the original due date, operators generally maintain records of all village billing correspondence and confirm payment clearance promptly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Russell Gardens, N.Y., Code of Ordinances ch. 40 § 40-5 establishes a mechanism by which unpaid village charges against an apartment house become a recorded lien on the property. Tenants may find this relevant because liens and associated interest obligations can affect the financial standing and ownership status of the building where they live. Tenants who have concerns about how their landlord's compliance with village charges may affect their housing situation can consult a tenant-rights organization or review village records, which the Village Clerk is required to maintain under this provision.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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