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Housing Maintenance Code

CHAPTER 2
HOUSING MAINTENANCE CODE

[table of contents]

SUBCHAPTER 4
ADMINISTRATION

ARTICLE 2
Registration

Section
27-2097 Registration; Time to File
27-2098 Registration Statement; Contents
27-2099 Registration Statement; Change of Ownership or Title
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.
  1. The owner of a dwelling required to register under this article shall register with the department in accordance with the provisions of this article.

  2. 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 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.

    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 for 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.

  3. An owner who is required to register shall file a new registration statement anually.

  4. 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 previously.

  5. 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.

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Sec. 27-2098 Registration statement; contents.
  1. 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 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.

    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 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.

    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 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.

    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.

  2. 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.

  3. 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 registration.

  4. 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.

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Sec. 27-2099 Registration statement; change of ownership or title.
  1. 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.

  2. 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.

  3. 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.

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Sec. 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. 27-2101 Change of managing agent
  1. The owner may terminate the designation of a managing agent at any time by filing with the department a statement designating a qualified successor.

  2. 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.

  3. 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.

  4. 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.

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Sec. 27-2102 Registration statement; lease of an entire multiple dwelling.
  1. 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.

  2. 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.

  3. 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.

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Sec. 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. 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, 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.

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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.
  1. 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.

  2. 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 agent.

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Sec. 27-2106 Registration statement; proof of contents
  1. 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 article.

  2. 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. 27-2107 Failure to register; penalties
  1. 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.

  2. 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.

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Sec. 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. 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:

  1. The name and address of the mortgagee or lienor.

  2. 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.

  3. 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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