================================================================ THE CITY OF NEW YORK TITLE D* HOUSING MAINTENANCE CODE * Added by L. L. 1967, No. 56, July 14. Subsequent amendments indicated in text. Department of Housing Preservation and Development Office of Rent and Housing Maintenance ================================================================ ================================================================ SUBTITLE IV: ADMINISTRATION ARTICLE 40: Powers and Functions of the Department Section D26-40.01 Power to Make Regulations D26-40.03 Power to Issue Orders D26-40.05 Power to Hold Hearings; Subpoena Power; Production of Documents D26-40.07 Inspection of One- and Two-family Dwellings; Voluntary Registration of Owner-Occupant D26-40.09 Service of Notices and Orders D26-40.11 False Statements Punishable ---------------------------------------------------------------- Sec. D26-40.01 Power to make regulations The department shall have power to promulgate such regulations as it may consider necessary or convenient to interpret or carry out any of the provisions of this code. Sec. D26-40.03 Power to issue orders a. The department shall have power to issue notices and orders to secure compliance with the requirements of this code, of the multiple dwelling law, and of other state and local laws that impose requirements on dwellings. b. The failure to comply with a notice or order of the department issued pursuant to this code within the time provided for such compliance in the order shall be dealt with in accordance with the provision of this code. Nothing contained herein shall, however, limit or render inapplicable other provisions of the administrative code relating to the enforcement of orders of the department or commissioner of the department under other applicable provisions of law. Sec. D26-40.05 Power to hold hearings; subpoena power; production of documents For the purpose of enforcing the provisions of this code, considering the desirability or scope of any proposed rule or regulation hereunder, and for the purpose of making any determination required to be made by the department under this code, the department shall have power to conduct inspections, to hold public or private hearings, to subpoena witnesses, administer oaths and take testimony, and compel the production of books, papers, records and documents. The commissioner may designate himself or one or more of the members, officers or employees of the department to act as a hearing board to exercise any one or more of the powers listed, and the department may promulgate regulations to assure a lawful, orderly and fair procedure before such hearing board. Every person who shall appear before such a hearing board shall have the right to be represented by counsel of his own choosing. Sec. D26-40.07 Inspection of one- and two-family dwellings; voluntary registration of owner-occupant a. Notwithstanding any other provision of this title, the department, its officers or inspectors, shall have no authority to inspect a one- or two-family dwelling, at least one dwelling unit of which is owner-occupied, for violations of this code, unless the department has received a signed complaint relating to conditions in such dwelling or has a warrant for such inspection. (Subd. a amended by L. L. 1968, No. 70, Sept. 19.) b. The owner of a one- or two-family dwelling who occupies a dwelling unit in such dwelling, may notify the department of such owner-occupancy, without payment of a fee, by filing a form to be prescribed by the department including the following information: (1) an identification of the premises by street number or by such other description as will enable the department to locate the dwelling; and (2) an identification of the owner by name, residence and business address; and (3) a statement that he is the owner-occupant of the premises. Sec. D26-40.09 Service of notices and orders a. Except as otherwise expressly provided in this code, any notice of violation or other notice, or any order authorized or required to be served by the department under the provisions of this code, shall be served in the following manner on any person or corporation to whom or which such notice or order is directed: (1) by delivering a copy of such notice or order to such person directly, or if it is directed to a corporation by delivering a copy thereof to any officer or managing agent of such corporation personally; or (2) by delivering a copy of such notice or order to any person of suitable age and discretion at the residence or place of business of the person to whom it is directed, or if it is directed to a corporation, at any office of such corporation; or (3) (i) if service is to made on an owner of a dwelling, by mailing a copy of such notice to the latest business or residence address of such owner as set forth in any registration statement filed by such owner with the department under the applicable provisions of article 41 of this code; (ii) if service is to be made on a managing agent of any such dwelling designated under the applicable provisions of article 41 of this code, by mailing a copy thereof to the latest business or residence address of such managing agent set forth in any such registration statement or designation filed by the owner of such dwelling; (iii) if service is to be made on an owner of a dwelling who has not filed such a registration statement in relation to such dwelling, by posting a copy of such notice in a conspicuous place in such dwelling, or by delivering a copy thereof to any person of suitable age and discretion in charge of or apparently in charge of such dwelling, or by mailing a copy thereof to such owner at the last known business or residence address of such owner. b. Any such notice directed to an owner of a dwelling or tenant of any space therein need not designate such owner or tenant by name, but shall refer to such dwelling or space by description which shall be sufficient to identify same and shall state that it is directed to the owner of such dwelling or tenant of such space, as the case may be. c. Where a designation of a managing agent under the applicable provisions of article 41 of this code is currently in effect as to any multiple dwelling, any notice mentioned in subsection (a) of this section which is directed to the owner of such multiple dwelling shall also be directed to such managing agent, and shall be served by the department on both such owner and managing agent. d. If a mortgagee or lienor has registered with the department pursuant to the provisions of section D26-41.25, any notice of violation or other notice, or any order authorized or required to be served by the department under the provisions of this code on the owner of a dwelling may also be mailed to such mortgagee or lienor no later than five days after the date upon which such notice or order is served upon the owner, but the department's failure to mail such notice or order to such mortgagee or lienor shall not in any way affect the validity of service of such notice or order upon the owner. Sec. D26-40.11 False statements punishable a. Any application filed with the department for the granting of any relief or the taking of any action by the commissioner or the department or for the granting of any permit under the provisions of this code and any answer to such application filed with the department, shall he signed by the person authorized or required to submit such application or answer under the provisions of this title, or if such application or answer is authorized or required to be submitted by a corporation, by an officer thereof. b. Any person who signs any such application or answer, or any registration statement or designation of a managing agent authorized or required under the provisions of this code shall certify that all statements therein contained are true and correct. c. Any person signing any such application, answer, registration statement, or designation of a managing agent, who makes any false statement therein as to any material matter to which the certification provided for in subdivision (b) of this section applies, shall be guilty of an offense punishable as provided in section D26-52.11 of this code. ---------------------------------------------------------------- ARTICLE 41: Registration Section D26-41.01 Registration; Time to File D26-41.03 Registration Statement; Contents D26-41.05 Registration Statement; Change of Ownership or Title D26-41.07 Registration Statement; Change of Address D26-41.09 Change of Managing Agent D26-41.11 Registration Statement; Lease of an Entire Multiple Dwelling D26-41.13 Extension of Time for Registration D26-41.15 Posting of Serial Number D26-41.17 Identification of Managing Agent or Owner to Tenant D26-41.19 Registration Statement; Proof of Contents D26-41.21 Failure to Register; Penalties D26-41.23 Exemption of New York City Housing Authority D26-41.25 Voluntary Registration of Mortgagees and Lienors ---------------------------------------------------------------- Sec. D26-41.01 Registration; time to file. a. The owner of a dwelling required to register under this article shall register with the department in accordance with the provisions of this article. b. A registration statement shall be filed: (1) For every existing multiple dwelling. A registration statement filed by the present owner of a dwelling pursuant to the requirements of the prior law shall constitute compliance with this section. (2) prior to the issuance of a certificate of occupancy, for any multiple dwelling hereafter erected, or any dwelling or building hereafter altered or converted to a multiple dwelling. (3) on or before July 1, 1970, for all one-and two-family dwellings whose owner does not reside within the city and thereafter not later than ten days after the owner of a one- or two-family dwelling removes his residence from the city. (4) within such time as provided in section D26-41.05, in the case of a change of ownership where registration is required under this article. c. An owner who is required to register shall file a new registration statement every three years. (Subd. c added by L. 1980, ch. 523, Effective June 24, 1980.) d. An owner who is required to register shall file a new registration statement on the registration date assigned to that dwelling by the department whether or not that owner filed a registration statement for that dwelling within the previous three years. (Subd. d added by L. 1981, ch. 93 June 9.) e. The registration date of a dwelling shall be a calendar date and year assigned by the department to that dwelling for the purpose of registration on such date at intervals of three years. (Subd. e added by L. 1981, ch. 193, June 9.) Sec. D26-41.03 Registration statement; contents. a. The registration statement shall include the following information: (1) An identification of the premises by block and lot number, and by the street numbers and names of all streets contiguous to the dwelling, or by such other description as will enable the department to locate the dwelling. (2) An identification of the owner by name, residence and business address. If the owner is a corporation, the identification shall include the name and address of such corporation together with the names, residences and business addresses of the officers. In the case of any class A multiple dwelling used for single room occupancy pursuant to section two hundred forty-eight of the multiple dwelling law, if the owner is a corporation, the identification shall also include the names and addresses of any person whose share of ownership of the corporation exceeds twenty-five percent. For the purposes of this subdivision, any person owning a share of a parent corporation shall he deemed to be an owner of a share of a subsidiary corporation equal to the product of the percentage of his ownership of the parent corporation multiplied by the percentage of the parent corporation's ownership of the subsidiary corporation. If the owner is under the age of eighteen years or has been judicially declared incompetent, his legal representative shall file the registration statement. (Subd. a. (2) amended by L. 1980, ch. 660, June 30.) (3) If the dwelling is a multiple dwelling, the name and address of a managing agent designated by the owner to be in control of and responsible for the maintenance and operation of such dwelling and to authorize, on behalf of the owner, the correction of any emergency conditions or the making of any emergency repairs for which the owner is responsible under the provisions of the multiple dwelling law or this code. To qualify for such designation, an agent shall be a natural person over the age of twenty-one years and shall reside within the city or customarily and regularly attend a business office maintained within the city. An owner or corporate officer who meets such qualifications may be designated to serve and registered as the managing agent. (4) If the dwelling is a multiple dwelling, the number of a telephone within a radius of 50 miles of the city limits where an owner or officer, if the owner is a corporation, or the managing agent may reasonably be expected to be reached at all times. The telephone number contained in the registration statement shall not constitute a public record and shall be accessible only to duly authorized employees or officers of the department and used exclusively by such personnel in connection with an emergency arising on the premises for which the owner is responsible under the provision of the multiple dwelling law or this code. The department may promulgate regulations to implement the provisions of this paragraph. (5) If a dwelling is a one- or two-family dwelling and the owner does not reside within the city, the name and address of a natural person who is over the age of twenty-one years and a resident of the city, designated by the owner to receive service of notices, orders or summonses issued by the department. b. The registration statement shall be signed by the owner or, if the owner is a corporation, by any officer. In the appropriate case, either the managing agent or the designee described in subsection (a)(5) shall sign the statement to indicate consent to the designation except that such consent is not required if an owner or officer of a corporation is registered as the managing agent. c. The registration statement shall be filed on forms to be prescribed by the department and shall be accompanied by a filing fee of six dollars. In the case of an owner previously registered with the department, the filing of a supplemental registration containing a telephone number required under subsection (a)(4) shall he accompanied by a filing fee of four dollars. (Subd. c amended by L. L. 1976, No. 65, December 23) Sec. D26-41.05 Registration statement; change of ownership or title. a. When the owner of a dwelling, who is required to register under this article, conveys title to the dwelling to another, the transferor shall, on the day of such transfer, notify the department by regular mail of the name, residence and business address of the new owner, or, if the new owner is a corporation, of the name and address of such corporation. The registration statement in accordance with section D26-41.03 of this code shall be presented by the new owner to the office of the register of the city of New York, or the county clerk as required by subdivision (c) of this section if such owner records such deed, or to the department if the deed is not recorded, and in no event more than five days from the date of taking of title; however, the failure by a new owner to file such registration statement shall not impair the validity of his title. (Subd. a amended by L. 1978, ch. 664, July 25, eff. Sept. 1.) b. When the ownership of a dwelling changes by operation of law, the new owner, if required to register, shall file a registration statement in accordance with section D26-41.03 of this code not more than thirty days from the date that title devolved upon him. c. The office of the register of the city of New York or county clerk shall not record or accept for record any deed transferring title to real property or a lease or memorandum of lease of an entire multiple dwelling unless such instrument is accompanied by the registration statements required under this article, with their appropriate fees, or an affidavit stating that the deed, or lease or memorandum of lease does not affect a multiple dwelling and such registration is not required. Such registration statements and the fees therefore shall be forwarded to the department for filing and acceptance. (Subd. c amended by L. 1978, ch. 664, July 25, eff. Sept. 1.) Sec. D26-41.07 Registration statement; change of address An owner, who is required to register under this article, shall inform the department and shall amend his registration statement within five days if there is a change of address of the owner, a change in the list of officers of the owner corporation, or a change of address of any of such listed officers. No new filing fee shall be required for the amended registration statement. Sec. D26-41.09 Change of managing agent a. The owner may terminate the designation of a managing agent at any time by filing with the department a statement designating a qualified successor. b. The managing agent may terminate his agency, but such termination shall not become effective until eight days after the filing of written notice with the department and the service of a copy of such notice on the owner. The notice to the department shall set forth the registration number and address of the building and the name and address of the owner together with an affidavit of proof of service upon the owner. Service upon the owner may be made by delivery of a copy personally to the owner or any officer, if the owner is a corporation, by registered mail to the address of any owner or officer, as set forth in the registration statement, or by delivery of a copy to any person of suitable age and discretion at the address of the owner or any officer as set forth in the registration statement. Prior to the effective termination date, the owner shall file with the department a statement designating a qualified successor. c. If the designation of a managing agent shall cease to be effective as a result of death or judicial declaration of incompetence of the agent or his disqualification because of removal from New York City, the owner shall file a statement with the department within eight days thereafter designating a qualified successor. d. The redesignation of a managing agent shall comply with the requirements of section D26-41.03 and shall he accompanied by a filing fee of four dollars. (Subd. d amended by L. L. 1976. No. 65, December 23.) Sec. D26-41.11 Registration statement; lease of an entire multiple dwelling. a. When an entire multiple dwelling is leased, both the owner and lessee of such entire multiple dwelling shall file registration statements in accordance with all the provisions of this article. The registration statement of the lessee shall be presented to the office of the register of the city of New York or the county clerk as required by subdivision (c) of section D26-41.05 of this code if the lessee records such lease or memorandum of lease or to the department if the lease is not recorded, and in no event more than five days from the taking of possession. b. The obligation of the owner to comply with the requirement for designating a managing agent, the filing of an emergency telephone number as required by section D26-41.03 of this code and for the posting of the building serial number required in section D26-41.15 shall be deemed satisfied if the lessee complies with such requirements. c. If the lessee resides within the city or customarily and regularly attends a business office maintained within the city, the name and address of the lessee may be used in lieu of that of the registered owner in the issuance of rent bills or receipts required in section D26-41.17. (Amended by L. 1978, ch. 644, July 25, eff. Sept. 1.) Sec. D26-41.13 Extension of time for registration In any case where the owner or other person required to file is unable to comply with the registration requirements within the applicable time period specified in this article, the department may, upon good cause shown, extend the registration period and waive the penalties for failure to register set forth in section D26-41.21 during such period. Sec. D26-41.15 Posting of serial number An identification sign containing the dwelling serial number assigned by the department for the purpose of identifying the registered multiple dwelling and the owner and managing agent shall be posted in every multiple dwelling in the manner and location prescribed by the department. Sec. D26-41.17 Identification of managing agent or owner to tenant At the time of each rental payment, either a rent bill or receipt for such payment of rent shall be issued to the tenant of an apartment or rooming unit stating the name and New York city address of the managing agent (or of the designee described in section D26-41.03(a)(5)), as recorded in the current registration statement on file in the department. The registered name and address of the owner may be substituted for that of the managing agent if the owner resides or maintains an office where he customarily transacts business within the city. Sec. D26-41.19 Registration statement; proof of contents a. The failure of the owner or lessee of an entire multiple dwelling to produce the receipt issued by the department acknowledging the filing of a registration statement, or the failure of a managing agent to produce the receipt issued by the department acknowledging the filing of a notice of termination, shall he prima facie evidence of failure to comply with the provisions of this article. b. Any such registration statement shall be deemed prima facie proof of the statements therein contained in any action or proceeding instituted by a city agency or by a tenant against the owner, lessee of an entire multiple dwelling or managing agent. Sec. D26-41.21 Failure to register; penalties a. A person who is required to file a statement of registration or an amendment of a statement of registration or any other statement required under this article and who fails to file as required may, whenever appropriate, be punished under the provisions of article 52 of this code, and he shall he subject to a civil penalty of not less than two hundred and fifty and not more than five hundred dollars, recoverable by the department by civil action in a court of appropriate jurisdiction. b. An owner who is required to file a statement of registration under this article and who fails to file as required shall be denied the right to recover possession of the premises for non-payment of rent during the period of non-compliance, and shall, in the discretion of the court, suffer a stay of proceedings to recover rents, during such period. In any action to recover possession under section 711 of the real property actions and proceedings law, the owner shall set forth his registration number issued by the department, and shall allege that he has filed a statement of registration and shall annex a copy of the receipt of such registration to his petition. Sec. D26-41.23 Exemption of New York city housing authority The provisions of this article shall not be applicable to the New York city housing authority. Sec. D26-41.25 Voluntary registration of mortgagees and lienors Any mortgagee or lienor may register with the department upon payment of an annual registration fee of twenty-five dollars and by filing a registration statement on forms to be prescribed by the department including the following information: a. The name and address of the mortgagee or lienor. b. An identification of the premises in such manner as required by the provisions of section D26-41.03, or by the serial number, if any assigned, by the department pursuant to the provisions of section D26-41.15. c. The name or title and the address of the person to whom and where notices or orders may be given or sent and persons may be served, as provided in this code. ================================================================ ================================================================