Section 309 of the Multiple Dwelling Law was amended in 1962, as the Legislature itself declared (L. 1962, eh. 492, § 1), to afford “ additional enforcement powers ” (1) to compel the correction of conditions it found existed in deteriorated or deteriorating dwellings which ‘ ‘ may cause irreparable damage * * * or endanger the life, health or safety of [their] occupants, or the occupants of adjacent properties or the general public” and (2) “to increase the supply of adequate, safe and standard dwelling units, the shortage of which constitutes a public emergency and is contrary to the public welfare.”
To effectuate these objectives, the Legislature prescribed a detailed and fairly elaborate procedure. Whenever the Department of Buildings certifies to the existence of a “ nuisance ’ ’ — defined in paragraph a of subdivision 1—which “ constitutes a serious fire hazard or is a serious threat to life, health or safety,” the department may issue a written order to the owner directing removal of the nuisance within the time specified, ordinarily not less than 21 days after service of the order (subd. 1, par. e). If the order is not complied with, the department may apply to the Supreme Court for the appointment of a receiver to remove or remedy the condition and for a lien in favor of the Department of Real Estate to secure repayment of the costs incurred by the receiver in so removing or remedying such condition (subd. 5, par. c, cl. 1). If, after notice to the owner and any mortgagee, the court determines that a nuisance does exist, it shall appoint the New York City Commissioner of Real Estate as receiver of the rents, issues and profits of the property. However, upon application of the owner or mortgagee, the court may permit such applicant (upon certain specified condit