Posted by Anna on September 14, 1999 at 23:55:04:
In Reply to: Eviction Limited When Landlord Fails To Register posted by Mark Smith on September 14, 1999 at 23:26:50:
avoid a possessory judgment if their landlord has failed to register the building in
accordance with §27-2097 of the city's Administrative Code.
http://www.nylj.com/decisions/99/09/091599b2.htm
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§27-2097 of the city's Administrative Code
a/k/a the HMC! Housing Maintenance Code
available on TenantNet with the old D26 numbers and on the RGB's website with the new ones http://housingnyc.com/
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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