Cal. Civ. Code § 306
Judicial procedure and orders
Operative Text
§ 306. Judicial procedure and orders. 1. In case any multiple dwelling or structure or any part thereof or the lot on which it is situated is constructed, altered, converted or maintained in violation of any provision of this chapter or of any order or notice of the department, or in case a nuisance exists in any such dwelling or structure or part thereof or upon the lot on which it is situated, the department may institute any appropriate action or proceeding to prevent such unlawful construction, alteration, conversion or maintenance, to restrain, correct or abate such violation or nuisance, to prevent the occupation of said dwelling or structure or any part thereof, or to prevent any illegal act, conduct or business in or about such dwelling, structure or lot. 2. In any such action or proceeding the department may, by affidavit setting forth the facts, apply to the supreme court, or to any justice thereof, or, if the premises in respect to which the action is brought are situated in the city of New York, to the New York city civil court, or, if the premises in respect to which the action is brought are situated in whole or in part within a district of the court, to the district court, or, if the premises in respect to which the action is brought are situated in whole or in part within a city outside of the city of New York, to the city court of such city, for: a. An order granting the relief for which said action or proceeding is brought, or enjoining all persons from doing or permitting to be done any work in or about such dwelling, structure or lot or any part thereof, or from occupying or using the same for any purpose, until the entry of final judgment or order. b. An order authorizing the department to execute and carry out the provisions of any notice or order which is issued by the department and not complied with, to remove any violation specified in such notice or order, or to abate any nuisance in or about such dwelling, structure or lot. 3. In an action to establish a lien under this chapter, the service and procedure, except as otherwise provided in section three hundred nine, shall be as set forth in sections three hundred twenty-six and three hundred fifty-six to three hundred sixty, both inclusive. 4. The judgment in any such action may provide for the sale at public auction of the property affected, and for such other remedies to secure the enforcement thereof as the court may deem proper. 5. The court or any justice thereof is authorized to make any order specified in this section. 6. In no case shall the city, or the department or any officer or employee thereof, be liable for costs in any action or proceeding that may be commenced pursuant to this chapter.
New York Multiple Dwelling Law § 306 authorizes the state or local housing department to take legal action in court when a multiple dwelling is built, altered, or maintained in violation of the law, or when a nuisance exists on the property. The department can seek court orders to stop illegal work, bar occupancy, correct violations, or even arrange a public auction sale of the property. Courts in the relevant jurisdiction—including the Supreme Court, New York City Civil Court, or applicable district or city courts—are empowered to issue these orders, and the city or department cannot be held liable for legal costs in such proceedings.
Plain English — not legal advice.
Under N.Y. Mult. Dwell. Law § 306, a housing department that identifies code violations or nuisances at a multiple dwelling has broad authority to pursue court-ordered remedies, including injunctions that can halt all work or bar occupancy until a final judgment is entered. Operators who maintain properties in compliance with departmental orders and notices reduce their exposure to these enforcement actions, which can escalate to court-authorized abatement carried out by the department itself at the owner's expense. Keeping records of completed repairs, timely responses to departmental notices, and documented inspections are practices generally associated with compliant property management under this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Dwell. Law § 306 gives the housing department legal tools to act on conditions that violate the Multiple Dwelling Law or constitute a nuisance—including seeking court orders to stop illegal activity or prevent occupancy of unsafe premises. Tenants who are aware of uncorrected violations or nuisance conditions in their building may report them to the relevant housing or building department, which can then initiate the judicial procedures described in § 306. Tenant-rights organizations and legal aid services can help residents understand how departmental enforcement actions, or the absence of them, may relate to other rights and remedies available under New York law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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