Cal. Civ. Code § 358
Sale of premises
Operative Text
§ 358. Sale of premises. At any time after the entry of any judgment establishing a lien upon such premises the department, if there be no stay pending appeal, may apply to the court for leave to sell such premises. Upon such application the court may order such premises sold at public auction, subject to taxes, assessments, water rates, mortgages and mechanics' liens. The deed to the purchaser shall be made by the department. The justices of the appellate division of the supreme court of any judicial department may establish rules of practice which shall be followed by the department charged with the enforcement of this chapter in the conduct of such sales in such judicial department.
Under N.Y. Mult. Dwell. Law § 358, once a court has entered a judgment establishing a lien on a multiple dwelling property, the relevant city or state department may ask the court for permission to sell that property at public auction if no appeal stay is in place. The court can authorize such a sale subject to existing encumbrances like taxes, mortgages, and mechanics' liens, with the deed issued to the buyer by the department. Appellate division justices in each judicial department may set procedural rules governing how these sales are conducted in their region.
Plain English — not legal advice.
Property owners subject to enforcement actions under N.Y. Mult. Dwell. Law § 358 should be aware that a lien judgment can ultimately lead to a court-authorized public auction of the property if violations remain unresolved and no appeal stay is obtained. Operators who stay current on compliance and address housing code violations promptly reduce the circumstances under which the department would seek such a remedy. Owners who receive notice of a lien judgment generally consult legal counsel to understand their options, including whether pursuing an appeal and seeking a stay is appropriate.
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 § 358 establishes a process by which a building can be sold at public auction following a lien judgment against the property, which can affect tenants living in buildings with serious unresolved violations. Tenants in such buildings may have rights and protections that persist through a change in ownership, and local tenant-rights organizations can help residents understand how an enforcement sale might affect their tenancy. Tenants who believe their building is subject to enforcement proceedings under this provision can seek information from their local housing or rent board and connect with tenant advocacy groups to learn about available resources.
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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