On November 2, 2018 the Hon. Kevin J. Kerrigan, Supreme Court, Queens County, invalidated and discharged a certain relocation lien, filed against real property in Queens County, holding that the relocation lien was invalid as it was filed after the premises had been conveyed to a new owner who took title without notice of the relocation lien. On November 4, 2015, the City of New York Department of Buildings issued a vacate order against the premises upon a finding that the one-family home was converted into an illegal rooming house with six furnished rooms. On April 1, 2016, Norma Smith Campbell conveyed the premises by deed to Adrian Group LLC, who in turn on March 15, 2018 conveyed the premises to 32-41 100 Street LLC. On June 19, 2018, HPD filed a notice of lien against the premises, pursuant to 26 NYCRR 305, stemming from the execution of the November 4, 2015 Vacate Order and the related expenses incurred for relocating four tenants.
The Hon. Kevin J. Kerrigan held that only the negligent prior owner, Norma Smith Campbell, was responsible to repay the city for the expenses incurred with relocating her tenants and that since, at the time of filing of the section 26-305 relocation lien, she had no fee interest in the premises, the relocation lien was invalid as against the premises and the new owner.