Cal. Civ. Code § 355
Title of action or proceeding and parties
Operative Text
§ 355. Title of action or proceeding and parties. Any action or proceeding referred to in this article shall be brought against the premises as defendant. Such premises may be described in the title of the action or proceeding by their street number or by any other method sufficiently precise to secure identification and shall be described in the complaint. The plaintiff, except as hereinafter provided, shall be the department. In case the department shall not institute any action or proceeding within ten days after receiving a written request to do so from any taxpayer in the city, then such taxpayer may institute and maintain such action or proceeding against the premises in his own name, and the court may, in its discretion, require from him security for costs.
Under N.Y. Mult. Dwell. Law § 355, enforcement actions authorized by this article are brought against the property itself as the named defendant, rather than against an individual owner. The premises must be identified in the case title and complaint by street address or another sufficiently precise description. While the relevant city department is the primary party to bring such an action, a city taxpayer who has made a written request to the department and waited ten days without a response may step in and file the action in their own name, subject to a possible court-ordered security for costs.
Plain English — not legal advice.
Under N.Y. Mult. Dwell. Law § 355, enforcement proceedings run against the property itself, meaning a compliant operator generally ensures the property's address and identifying information are accurately maintained in all official records. Because the premises serve as the defendant in these actions, property owners and managers typically stay attentive to any written requests or notices directed at the department that could trigger a ten-day window for taxpayer-initiated proceedings. Operators familiar with this provision understand that accurate property identification in complaints and filings is a procedural requirement that affects how enforcement actions are structured.
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 § 355 establishes that enforcement actions under this article target the property itself, and it creates a pathway for city taxpayers—not just the department—to bring such proceedings if the department fails to act within ten days of a written request. Tenants who believe a violation warrants departmental action may find it useful to understand this provision when exploring whether a formal written request to the department could set that ten-day clock in motion. Tenant-rights organizations and housing advocacy groups can help individuals understand how § 355 fits into the broader enforcement framework 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 September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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