HOUSING MAINTENANCE CODE
[table of contents]
27-2097 Registration; Time to File
27-2098 Registration Statement; Contents
27-2099 Registration Statement; Change of Ownership
27-2100 Registration Statement;
Change of Address
27-2101 Change of Managing Agent
27-2102 Registration Statement;
Lease of an Entire Multiple Dwelling
27-2103 Extension of Time for Registration
27-2104 Posting of Serial Number
27-2105 Identification of Managing
Agent or Owner to Tenant
27-2106 Registration Statement;
Proof of Contents
27-2107 Failure to Register; Penalties
27-2108 Exemption of the City of
New York, its Agencies and the New City Housing Authority
27-2109 Voluntary Registration
of Mortgagees and Lienors
Sec. 27-2097 Registration;
time to file.
- The owner of a dwelling required to register under this article shall
register with the department in accordance with the provisions of this article.
- A registration statement shall be filed:
- 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.
- 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.
- On or before July first, nineteen hundred seventy, 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.
- 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 for portions thereof as private
- 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
- An owner who is required to register shall file a new registration
- 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
- The registration date of a dwelling shall be a calendar date assigned
by the department to that dwelling for the purpose of registration on
such date at intervals of one year.
Sec. 27-2098 Registration
- The registration statement shall include the following information:
- 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 department for such project shall list on the registration
statement the street numbers for each dwelling in the project and shall
designate an address by which the project dwellings are to be identified
by the department.
- 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 be deemed to be an owner of a share
of a subsidiary corporation equal to the product of the percentage
of his or her 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.
- 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.
- If the dwelling is a multiple dwelling, the number of a telephone
within the greater metropolitan area, as identified by the department,
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.
- 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.
- 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 five 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.
- The registration statement shall be filed on forms to be prescribed
by the department and shall be accompanied by a filing fee of thirteen
dollars. In the case of an owner previously registered with the department,
no new filing fee shall be required for the filing of a supplemental
- The department may require that a multiple dwelling registration statement
contain such other information, in addition to the information specifically
required by this article, which it deems to be related to the ownership
or management of such dwelling.
Sec. 27-2099 Registration
statement; change of ownership or title.
- 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.
- 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.
- 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 therefor
shall be forwarded to the department for filing and acceptance.
Sec. 27-2100 Registration
statement; change of address
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.
Sec. 27-2101 Change
of managing agent
- The owner may terminate the designation of a managing agent at any time by
filing with the department a statement designating a qualified successor.
- 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.
- 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.
- The redesignation of a managing agent shall comply with the requirements
of section 27–2098 of this article and no new filing fee shall be required.
Sec. 27-2102 Registration
statement; lease of an entire multiple dwelling.
- 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.
- 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.
- 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 27-2105 of this article.
Sec. 27-2103 Extension
of time for registration
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.
Sec. 27-2104 Posting
of serial number
identification sign containing the dwelling serial number assigned by the department
for the purpose of identifying the registered multiple dwelling and the owner,
managing agent, and agent designated by the owner for the collection of rental
payments if different from the managing agent, shall be posted in every multiple
dwelling in the manner and location prescribed by the department.
Sec. 27-2105 Identification
of managing agent or owner and agent designated by the owner for the collection
of rental payments if different from the managing agent 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 five of subdivision a of section 27–2098
of this article), or, owner as recorded in the current registration statement
on file in the department, and of the agent designated by the owner for the
collection of rental payments if different from the managing agent. The rent
bill or receipt for such payment of rent shall be printed on the letterhead
of the managing agent or on the letterhead of the New York City address of
the building owner. If there is a new managing agent, owner, or agent designated
by the owner for the collection of rental payments, the rent bill or receipt
shall state this. 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.
- Written notice of a change of managing agent or of the agent designated
by the owner for the collection of rental payments if different from the
managing agent shall be delivered by the owner by regular mail to each
tenant. Such notice shall be postmarked no later than fifteen days prior
to the date the next rental payment is to be collected and shall contain
the telephone number of the new managing agent or the new agent designated
by the owner for collection of rental payments if different from the managing
Sec. 27-2106 Registration
statement; proof of contents
- 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
be prima facie evidence of failure to comply with the provisions of this
- 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. 27-2107 Failure
to register; penalties
- 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 be 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.
- 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 nonpayment of rent during the period
of noncompliance, 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 seven hundred eleven 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 or her petition.
Sec. 27-2108 Exemption
of the City of New York, its agencies and the New York City housing authority
provisions of this article shall not be applicable to the city of New York,
its agencies and the New York city housing authority.
Sec. 27-2109 Voluntary
registration of mortgagees and lienors
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:
- The name and address of the mortgagee or lienor.
- 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.
- 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.