Section 26-301
§ 26-301 Relocation of tenants. 1. The commissioner of housing
preservation and development shall have the power and it shall be his or
her duty:
(a) To provide and maintain tenant relocation services
(i) for tenants of real property which the commissioner of housing
preservation and development is authorized to maintain and supervise;
and
(ii) for tenants of real property acquired for public purposes,
excluding real property acquired by or on behalf of the New York city
housing authority or the triborough bridge and tunnel authority; and
(iii) for tenants of real property located in any neighborhood
improvement district designated by the city planning commission, where
the displacement of such tenants results from the enforcement of any
law, regulation, order or requirement pertaining to the maintenance and
operation of such property or the health, safety and welfare of its
occupants; and
(iv) when authorized by the mayor, for the tenants of any privately
owned building or other improvement which is to be voluntarily
rehabilitated in accordance with an urban renewal plan pursuant to law;
and
(v) for tenants of any privately owned building where the displacement
of such tenants results from the enforcement of any law, regulation,
order or requirement pertaining to the maintanance or operation of such
building or the health, safety and welfare of its occupants.
Such services shall consist of such activities as he or she may deem
necessary, useful or appropriate for the relocation of such tenants,
including but not limited to the gathering and furnishing of information
as to suitable vacant accommodations, the making of studies and surveys
for the purpose of locating such accommodations and the provision of
facilities for the registration of such accommodations with the
department by owners, lessors and managing agents of real property and
others.
(b) Subject to the approval of the mayor, to fix and promulgate and
from time to time amend a schedule of payments to be made to or for the
benefit of and to aid in the relocation of tenants. Such schedule with
respect to payments resulting from or relative to state or state-aided
programs or activities within the city of New York shall also be subject
to the approval of the director of the state division of the budget and
of the head of the state department or agency having jurisdiction over
such program, activity or aid. Such schedule shall provide for equal
treatment of tenants under similar circumstances, shall be applicable as
herein provided and may include but need not be limited to payments to
be made to such tenants to induce their voluntary removal, moving
expenses and expenses of redecorating accommodations to which such
tenants are relocated and payments to persons for the services of
finding accommodations to which such tenants are to be relocated. Such
schedule may include maximum or minimum payments, or both. The
acceptance of a payment provided for under such schedule by a landlord,
owner or authorized agent shall not be deemed a violation of any rent
regulation or statutory prohibition to the contrary.
(c) Subject to the approval of the mayor, to adopt and promulgate and
from time to time amend supplementary rules and regulations not
inconsistent with the provisions of this section in regard to relocation
practices and procedures, applicable as herein provided.
(d) To schedule and coordinate the tenant relocation operations of
agencies, persons, firms and corporations to which the rules and
regulations promulgated pursuant to this section are applicable.
(e) To review conditions of city-owned dwellings used for residential
purposes and, upon submission of a report by two qualified employees of
the agency following a personal inspection, setting forth a finding that
any such dwelling is in condition which endangers the life, health or
safety of the occupants, and if he or she accepts such report, the
commissioner may certify that the conditions in the dwelling are such
that they require that the dwelling be vacated in which event he or she
shall:
(i) order such dwelling to be vacated by its occupants upon no less
than thirty days written notice to such occupants; and
(ii) provide relocation services and allowances for occupants who
relocate pursuant to any such order and the regulations promulgated by
the department.
2. The commissioner shall have power, when authorized by the mayor, to
let contracts for the furnishing of maintenance services, payments and
benefits deemed necessary, useful or appropriate for the purpose of
assisting in the relocation of tenants of real property mentioned in
subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of subdivision
one of this section, provided that payments to be made to or for the
benefit of such tenants shall be those fixed and promulgated pursuant to
paragraph (b) of subdivision one of this section.
3. Notwithstanding any other provisions of law, the schedule
promulgated pursuant to paragraph (b) of subdivision one of this section
and the rules and regulations promulgated pursuant to paragraph (c) of
subdivision one of this section shall, to the extent to which they are
not inconsistent with any federal act or regulation issued pursuant
thereto, be applicable to every agency and public corporation engaged in
the relocation of tenants including, but not limited to, the department
of housing preservation and development, the New York city housing
authority and the triborough bridge and tunnel authority, and shall also
be applicable, as therein provided and to the extent to which they are
not inconsistent with any federal act or regulation issued pursuant
thereto, to every person, firm or corporation whose relocation
activities are subject to the supervision of the department pursuant to
section 26-302 of this chapter provided, however, that where the
commissioner furnishes relocation services to any tenants pursuant to
the provisions of subparagraph (iv) of paragraph (a) of subdivision one
of this section, such schedule shall be applicable to the person, firm
or corporation which has contracted with the city for the rehabilitation
of the building or other improvement occupied by such tenants, and such
person, firm or corporation shall make payments to or for the benefit of
such tenants in accordance with such schedule, subject to adjustment as
to payments with respect to which federal reimbursement is provided.
4. The commissioner shall have the power to investigate, examine and
inspect relocation operations which are subject to the provisions of
this section.
5. The commissioner shall annually submit to the mayor, the board of
estimate, and the council a detailed report on tenant relocation
activities which are subject to the provisions of this section and
recommendations in regard thereto and shall coordinate the efforts of
and consider the reports, recommendations and suggestions of public and
private agencies and civic groups in regard thereto.
6. a. There shall be an interagency relocation coordinating committee,
which shall consist of a deputy mayor designated by the mayor, and
representatives of the department of buildings, the department of city
planning, department of health and mental hygiene, the department of
housing preservation and development, the New York city housing
authority, the commission on human rights, the board of education, the
triborough bridge and tunnel authority and the department of social
services. Each such board, authority, commission or agency and the head
of each such department shall appoint as a representative one officer or
employee who is a member of the staff of such board, authority,
commission, department or agency and is qualified to participate in the
functions of the committee as herein prescribed. Such representatives
shall represent their respective agencies as members of the committee.
The deputy mayor designated by the mayor as a member of such committee
shall be its chairperson. It shall advise the commissioner of housing
preservation and development for the purpose of assisting the
commissioner in developing a relocation program for the city which will
best serve the public interest. The members of the committee shall serve
as such without additional compensation.
b. Notwithstanding any other provisions of law, no officer or employee
of the city or other public officer or employee shall be ineligible for
appointment or service as a member of the committee and any such officer
or employee may accept any such appointment and serve as such member
without forfeiture of any other city or public office or any other city
position or other position of public employment by reason thereof.
Section 26-302
§ 26-302 Supervision of relocation activities of developers. The
commissioner of housing preservation and development shall supervise the
tenant relocation activities of any party to the contract with the city
which requires such party to develop any real property in accordance
with the terms of such contract, in any case where the contract provides
that the commissioner shall exercise such supervision.
Section 26-303
§ 26-303 Relocation advisory commission. There shall be a relocation
advisory commission composed of fifteen members, who shall be appointed
by the mayor. The members of the advisory commission shall hold office
for one year terms and shall serve without compensation. In making such
appointments, due consideration shall be given to the recommendations
made by representative associations, civic and professional groups
concerned with or engaged in the field of tenant relocation generally.
Section 26-304
§ 26-304 Powers and duties. The relocation advisory commission shall
meet at least once a month. It shall be informed by the commissioner of
housing preservation and development of, and advise him or her on,
matters of procedure and policy with respect to the relocation of
tenants of real property over which the department has relocation
jurisdiction.
Section 26-305
§ 26-305 Expenses of relocation pursuant to vacate order. 1. Whenever
the department of housing preservation and development has incurred
expenses in providing relocation services for tenants pursuant to
subparagraph (v) of paragraph (a) of subdivision one of section 26-301
of this chapter, the department shall be entitled to reimbursement of
such expenses from the owner of the building from which such tenants
were relocated, if the conditions giving rise to the need for such
relocation arose as a result of the negligent or intentional acts of
such owner, or as a result of his or her failure to maintain such
dwelling in accordance with the standards prescribed by the housing or
health code governing such dwelling. "Owner" for purposes of this
section shall mean and include the owner or owners of the freehold of
the premises or lesser estate therein, a mortgagee or vendee in
possession, assignee of rents, receiver, executor, trustee, lessee,
agent, or any other person, firm or corporation, directly or indirectly
in control of a dwelling.
2. The expenses incurred for which payment to the department is due
under the provisions of this section shall include but not be limited to
departmental costs, bonuses, moving expenses or other reasonable
allowances given to induce tenants to relocate voluntarily.
3. The department may bring an action against the owner for the
recovery of such expenses. The institution of such action shall not
suspend or bar the right to pursue any other remedy provided by this
section or any other law for the recovery of such expenses.
4. To the extent that such expenses are not recovered by the
department, they shall, except as herein provided, constitute a lien or
liens upon such building and the lot upon which it stands, governed by
the provisions of law regulating mechanics' liens.
(a) No such lien shall be valid for any purpose until the department
shall file a notice of lien containing the same particulars as are
required to be stated with reference to mechanics' liens, with the
further statement that the expenses had been incurred for relocation
services provided pursuant to subparagraph (v) of paragraph (a) of
subdivision one of section 26-301 of this chapter together with a
statement of such expenses. The department may file one or more such
liens for relocation expenses incurred with respect to any building
within one year of incurring any such expenses. In computing such one
year period, the latest date on which any expense in relation to which
such notice was filed has been incurred shall be deemed the date on
which all of the expenses stated in such notice were incurred.
(b) Such lien or liens shall continue for a period of ten years from
the time of filing of notice thereof, unless proceedings are in the
meantime taken to enforce or discharge such lien or liens, which
proceedings may be taken at any time during the continuance of such lien
or liens or unless an order is granted within ten years from the time of
the filing of any such lien or liens by a court of record or a judge or
justice thereof continuing such lien or liens, in which case such lien
or liens shall be redocketed as of the date of granting such order and a
statement made continuing such lien or liens by virtue of such order. No
lien shall be continued by such order for more than ten years from the
granting thereof, but a new order and entry may be made in each
successive ten-year period. Any judgment in a proceeding to enforce or
discharge such lien shall constitute a lien in the same manner and from
the same date as the original lien. The initiation of any such
proceedings shall not suspend or bar the right to pursue any other
remedy provided by this section or any other law for the recovery of
such expenses.
(c) Notwithstanding anything to the contrary in paragraph b of this
subdivision, a lien which already exists and is currently docketed on
the effective date of the local law that added this paragraph shall be
deemed continued for a period of ten years commencing from the date of
the last renewal or docketing of said lien, whichever is later.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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