Sec.
[D26-41.01] 27-2097 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 or her residence from the city.
(4) On or before
July first, nineteen hundred eighty-four, for any garden-type maisonette dwelling
project consisting of a series of dwelling units which together and in their
aggregate are arranged or designed to provide three or more apartments, and
are provided as a group collectively with all essential services such as,
but not limited to, house sewers and heat, and which are operated as a unit
under single ownership, notwithstanding that certificates of occupancy were
issued to portions thereof as private dwellings.
(5) within such
time as provided in section 27-2099 of this article, 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.
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.
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.
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Sec.
[D26-41.03] 27-2098 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. If the dwelling is a garden-type
maisonette dwelling project required to register pursuant to paragraph four
of subdivision (b) of section 27-2099 of this article, the owner who files
the first registration statement with the street numbers for each dwelling
in the project shall designate an address by which the project dwellings are
to be identified by the department .
(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
or her legal representative shall file the registration statement.
(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 provisions of the multiple dwelling law or this code. The department
may promulgate regulations to implement the provisions of this paragraph.
(5) If the 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 paragraph 5 of subdivision (a) of this section 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 twenty one dollars. In the case of an owner
previously registered with the department, the filing of a supplemental registration
containing a telephone number required under paragraph 4 of subdivision (a)
of this section shall he accompanied by a filing fee of five dollars.
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Sec.
[D26-41.05] 27-2099 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 27-2098
of this article 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 or her title.
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 27-2098 of this
article not more than thirty days from the date that title devolved upon him,
or her
c. The office
of the register of the city of New York or county clerk shall not record or
accept for recording 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.
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Sec.
[D26-41.07] 27-2100 Registration statement; change
of address
An owner, who is
required to register under this article, shall inform the department and shall
amend his or her 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.
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Sec.
[D26-41.09] 27-2101 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 or her 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 or her 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 27-2098 of
this article and shall he accompanied by a filing fee of four dollars.
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Sec.
[D26-41.11] 27-2102 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 27-2099 of this article 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 27-2098 of
this article and for the posting of the building serial number required in section
27-2104 of this article 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 D27-2105 of this article.
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Sec.
[D26-41.13] 27-2103 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 27-2107 of this article
during such period.
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Sec.[D26-41.15]
27-2104 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.
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Sec.
[D26-41.17] 27-2105 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 paragraph 5 of subdivision a of section 27 2098 of this article), 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 or she customarily transacts
business within the city.
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Sec.
[D26-41.19] 27-2106 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.
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Sec.
[D26-41.21] 27-2107 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 three of subchapter five of this code, and such person shall he subject
to a civil penalty of not less than two hundred and fifty dollars 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 or her registration
number issued by the department, and shall allege that he or she has filed a
statement of registration and shall annex a copy of the receipt of such registration
to his petition.
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Sec.
[D26-41.23] 27-2108 Exemption of the City of New
York, its agencies and the New York City housing authority
The provisions
of this article shall not be applicable to the City of New York, its agencies
and the New York City housing authority.
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Sec.
[D26-41.25] 27-2109 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 27 2098
of this article, or by the serial number, if any assigned by the department
pursuant to the provisions of section 27-2104 of this article.
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 who may be served, as provided in this code.
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