Cal. Civ. Code § 308
Notice of pendency of action
Operative Text
§ 308. Notice of pendency of action. 1. In any action or proceeding instituted by the department the plaintiff or petitioner may file in the county clerk's office of the county where the premises affected by such action or proceeding are situated, a notice of the pendency of such action or proceeding. Such notice may be filed at any time after the service of any notice or order issued by the department, at the time of the commencement of the action or proceeding, or at any time afterwards, before final judgment or order. 2. Each county clerk with whom such a notice is filed shall record and index it to the name of each person specified in a direction subscribed by the corporation counsel or other legal officer of the city. 3. Any such notice may be vacated upon the order of a judge or justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in writing of the corporation counsel or other legal officer of the city. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as cancelled of record upon the presentation and filing of such consent or of a certified copy of such order.
Under N.Y. Mult. Dwell. Law § 308, when a city housing department brings a legal action or proceeding against a property, it may file a notice of pendency — sometimes called a "lis pendens" — in the county clerk's office where the property is located. This filing creates a public record tied to the property and to named individuals, alerting anyone searching title that the property is subject to ongoing legal action. The notice can be filed from the moment a departmental notice or order is served all the way through the conclusion of the case, and it can be lifted only by a court order or written consent from the city's legal officer.
Plain English — not legal advice.
Property owners and managers subject to a departmental enforcement action under N.Y. Mult. Dwell. Law § 308 should be aware that a notice of pendency filed against their property becomes part of the public record indexed to their name in the county clerk's office. Compliant operators generally monitor title and public records for any such filings, since the notice can affect financing, sales, or transfers of the property while it remains active. Resolving the underlying violation or obtaining the city's written consent — or a court order — is the path through which the notice gets formally cancelled on the record.
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 § 308 gives tenants and prospective tenants a way to learn whether a building is the subject of active city enforcement: a notice of pendency filed under this provision is a public record searchable at the county clerk's office. If you are aware that such a notice has been filed against your building, that information may be relevant context when evaluating housing conditions or understanding ongoing enforcement activity. Tenant-rights organizations can help explain what an active § 308 filing may mean for residents, and a rent board (where one applies) may also be a resource if the enforcement action relates to rent-regulated housing.
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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