3. Whenever the department has incurred any expense for which payment
is due under the provisions of this section, the department may
institute and maintain a suit against the owner of the dwelling in
respect to which such expense shall have been incurred and may recover
the amount of such expense as in this section provided. In any case
where expenditures made or obligations incurred by a receiver appointed
pursuant to subdivision five of this section in remedying a nuisance are
not paid or reimbursed from the rents and income of the dwelling or
where the receivership expenses, fees and commissions are not paid or
reimbursed from the rents and income of the dwelling, the receiver may
institute and maintain a suit against the owner of the dwelling to
recover such deficiency.
4. a. The department or a receiver appointed pursuant to subdivision
five of this section shall have a lien, for the expenses necessarily
incurred in the execution of an order, upon the premises upon or in
respect of which the work required by said order has been done or
expenses incurred, which lien shall have priority over all other
mortgages,liens and encumbrances of record, except taxes and assessments
levied pursuant to law. In the event that a receiver having a lien, in
favor of the department of real estate, is discharged and such lien is
in effect at the time of such discharge, such lien shall continue to
vest in the department of real estate.