Section 27-2090
§ 27-2090 Power to make regulations. The department shall have power
to promulgate such regulations as it may consider necessary or
convenient to interpret or carry out any of the provisions of this code.
Section 27-2091
§ 27-2091 Power to issue orders. a. The department shall have power to
issue notices and orders to secure compliance with the requirements of
this code, of the multiple dwelling law, and of other state and local
laws that impose requirements on dwellings.
b. The failure to comply with a notice or order of the department
issued pursuant to this code within the time provided for such
compliance in the order shall be dealt with in accordance with the
provisions of this code. Nothing contained herein shall, however, limit
or render inapplicable other provisions of the administrative code
relating to the enforcement of orders of the department or commissioner
of the department under other applicable provisions of law.
c. The department shall have the power to issue an order to correct
any underlying condition existing in a building that has caused or is
causing a violation of this code, of the multiple dwelling law, or of
other state and local laws that impose requirements on dwellings.
1. Such order may be issued to an owner of a building that meets the
criteria promulgated by the department in rules.
2. The department may file such order in the office of the county
clerk in the county in which the building is located. Where such order
has been filed by the department and complied with by the owner, the
department shall file a rescission of the order with such county clerk.
3. An owner shall comply with such order and submit such documentation
as the department may require indicating compliance with the order no
later than four months after the order has been issued, provided,
however, that the department may extend the deadline for compliance by a
period not to exceed two months, in accordance with criteria promulgated
by the department in rules. If such owner fails to comply with such
order, the department may perform all or part of the work required by
such order.
4. All amounts for expenses incurred by the department pursuant to
this subdivision that remain unpaid by an owner, shall constitute a debt
recoverable from the owner and a lien upon the building and lot, and
upon the rents and other income thereof. The provisions of article eight
of subchapter five of this code shall govern the effect and enforcement
of such debt and lien. The department may serve a statement of account
upon an owner for such amounts pursuant to section 27-2129 of this code.
5. Notwithstanding any provision of this code to the contrary, an
owner who fails to comply with an order issued pursuant to this
subdivision shall be subject to a civil penalty of one thousand dollars
for each dwelling unit that is the subject of such order, provided,
however, that the total amount of such penalty shall not be less than
five thousand dollars.
Section 27-2092
§ 27-2092 Power to hold hearings; subpoena power; production of
documents. For the purpose of enforcing the provisions of this code,
considering the desirability or scope of any proposed rule or regulation
hereunder, and for the purpose of making any determination required to
be made by the department under this code, the department shall have
power to conduct inspection, to hold public or private hearings, to
subpoena witnesses, administer oaths and take testimony, and compel the
production of books, papers, records and documents. The commissioner may
designate himself or herself or one or more of the members, officers or
employees of the department to act as a hearing board, to exercise any
one or more of the powers listed, and the department may promulgate
regulations to assure a lawful, orderly and fair procedure before such
hearing board. Every person who shall appear before such a hearing board
shall have the right to be represented by counsel of his or her own
choosing.
Section 27-2093
§ 27-2093 Certification of no harassment with respect to single room
occupancy multiple dwellings. a. For the purposes of this section,
"harassment" shall mean any conduct by or on behalf of an owner of a
single room occupancy multiple dwelling that includes:
(1) the use or threatened use of force which causes or is intended to
cause any person lawfully entitled to occupancy of a dwelling unit in
such multiple dwelling to vacate such unit or to surrender or waive any
rights in relation to such occupancy;
(2) the interruption or discontinuance of essential services which (i)
interferes with or disturbs or is intended to interfere with or disturb
the comfort, repose, peace or quiet of any person lawfully entitled to
occupancy of a dwelling unit in the use or occupancy of such dwelling
unit and
(ii) causes or is intended to cause such person lawfully entitled to
occupancy of such dwelling unit to vacate such unit or to surrender or
waive any rights in relation to such occupancy;
(3) the failure to comply with the provisions of subdivision c of
section 27-2140 of article seven of subchapter five of this code which
causes or is intended to cause such person lawfully entitled to
occupancy of such dwelling unit to vacate such unit or to waive any
rights in relation to such occupancy; or
(4) any other conduct which prevents or is intended to prevent any
person from the lawful occupancy of such dwelling unit or causes or is
intended to cause such person lawfully entitled to occupancy of such
dwelling unit to vacate such unit or to surrender or waive any rights in
relation to such occupancy including but not limited to removing the
possessions of any occupant from the dwelling unit; removing the door at
the entrance to the dwelling unit; removing, plugging or otherwise
rendering the lock on such entrance door inoperable; or changing the
lock on such entrance door without supplying the occupant with a key.
b. For the purposes of any hearing held pursuant to this section, any
of the acts or omissions described in paragraphs, one, two, three and
four of subdivision a of this section which are committed at a single
room occupancy multiple dwelling shall be presumed to be committed by or
on behalf of the owner of such multiple dwelling and it shall be
presumed that such acts or omissions were committed with the intent to
cause a person lawfully entitled to occupancy of a dwelling unit in such
multiple dwelling to vacate such unit or to surrender or waive a right
in relation to such occupancy.
c. The commissioner shall certify whether there has been no harassment
of the lawful occupants of a single room occupancy multiple dwelling, as
such term is defined in section 27-198 of article nineteen of subchapter
one of the building code, during the thirty-six month period prior to
the date of the submission of an application for a certification of no
harassment by an owner of such multiple dwelling. With respect to an
application for a certification of no harassment which is submitted
pursuant to paragraph three of subdivision b of section 27-198 of
article nineteen of subchapter one of the building code, the date of
submission of such application shall be deemed to be the date of
submission of an application for plan approval.
d. An application for certification of no harassment shall be in such
form and shall contain such information and provisions as shall be
prescribed by the commissioner including, but not limited to, consent by
the applicant to access to the premises by governmental agencies, and
shall be determined in accordance with the following procedure:
(1) Upon the receipt of an application for a certification of no
harassment, the commissioner shall publish notice in such publication as
the commissioner deems appropriate for a period of seven consecutive
days, shall mail notice to the owner of record, such occupants as the
department shall identify, such other interested persons as the
department shall identify, the local community board and appropriate
government agencies and shall post notice in a conspicuous place on the
premises of the multiple dwelling for which the certification is sought.
(2) The notice shall be in such form as shall be prescribed by the
commissioner and shall state, in English and whatever other language the
commissioner deems appropriate:
(a) the location and general description of the multiple dwelling for
which the certification is sought;
(b) a description of the certification procedure and its purpose;
(c) the period of time for which certification is to be made;
(d) in plain language, a description of conduct constituting
harassment; and
(e) that any occupants or former occupants of the multiple dwelling
for which such certification is sought and other interested persons,
government agencies and the local community board, are invited to submit
their comments within thirty days of the date of such notice in writing
or orally at a designated location.
(3) Upon the expiration of such thirty day comment period, the
commissioner may (i) determine that no harassment has occurred within
the stated period of time and forthwith grant such certification, (ii)
determine that a waiver of certification may be granted pursuant to
subdivision e of this section and forthwith grant such waiver, or (iii)
deny such certification without a prior hearing if there has been a
finding by the office of rent control, the conciliation and appeals
board or any court having jurisdiction that there has been harassment,
unlawful eviction or arson by or on behalf of the owner at the multiple
dwelling for which certification is sought during the stated period of
time; or (iv) where there has been no prior determination of harassment,
unlawful eviction or arson by or on behalf of the owner, provide that a
hearing be held in the manner provided in section 27-2092 of this
article if the commissioner has reasonable cause to believe that
harassment has occurred within such stated period of time and that a
waiver of certification may not be granted. At such hearing, the owner
of the multiple dwelling for which such certification is sought, shall
have the opportunity to be heard by the commissioner or a designee prior
to the granting or denial of certification or of a waiver thereof.
Notice of such hearing shall be given to the applicant and to other
interested parties, governmental agencies and local community board in
the manner to be prescribed by rules and regulations of the
commissioner. Within forty-five days after such hearing, the
commissioner shall either grant or deny such certification or waiver
thereof.
(4) If certification or a waiver thereof is denied, notice of such
denial accompanied by written findings indicating the grounds for such
denial shall be mailed to the owner of record and shall be filed in the
office of the city register. Such determination shall be subject to
review pursuant to article seventy-eight of the civil practice law and
rules.
(5) Neither such certification nor a waiver thereof shall be granted
unless the applicant submits a sworn statement, in such form as the
commissioner shall prescribe, by all the owners of the multiple dwelling
representing that there will be no harassment of the occupants of such
multiple dwelling by or on behalf of such owners. The corporation
counsel may institute any action or proceeding in any court of competent
jurisdiction that may be appropriate or necessary for the enforcement of
this representation and agreement. Nothing contained herein shall
preclude an occupant of such multiple dwelling from applying on his or
her own behalf for similar relief.
* (6) The commissioner shall promulgate rules and regulations to
establish procedures relating to applications for and the issuance of
supplemental certifications as required by paragraph nine of subdivision
b of section 27-198 of the code.
* NB Added L.L. 59/85 § 4, language juxtaposed per Ch. 907/85 § 14
e. The commissioner may grant a waiver of certification of no
harassment although the commissioner determines that harassment has
occurred at the multiple dwelling for which such certification is sought
during the thirty-six month period prior to the date of the submission
of an application for a certification of no harassment if the
commissioner finds that:
(1) (a) the owner of record of the multiple dwelling with respect to
which such certification is sought was the owner of record of such
multiple dwelling prior to May fifth, nineteen hundred eighty-three or
had entered into a contract of sale for the purchase of such multiple
dwelling which was recorded prior to such date or, with respect to a
certification proceeding where the alterations sought to be performed
are of the type prescribed by regulation of the commissioner pursuant to
subdivision b of section 27-198 of article nineteen of subchapter one of
the building code, the owner of record of such multiple dwelling was the
owner of record of such multiple dwelling prior to the date of the first
publication of the regulations requiring certification for such type of
alterations or had entered into a contract of sale for the purchase of
such multiple dwelling which was recorded prior to such date;
(b) such owner was not the owner of such multiple dwelling during any
period of time in which such harassment occurred and did not at such
multiple dwelling (i) otherwise engage or participate in such
harassment; or (ii) with intent that harassment be performed, agree with
one or more persons to engage in or cause the performance of harassment;
or (iii) with intent that another person engage in conduct constituting
harassment, solicit, request, command, importune or otherwise attempt to
cause such person to engage in conduct constituting harassment; and
(c) such owner acquired title pursuant to a bona fide transaction that
is not intended to evade the provisions of this section; or
(2) the owner acquired the multiple dwelling by sale pursuant to
foreclosure of a mortgage or pursuant to a deed in lieu of foreclosure
of a mortgage; provided, however, that such conveyance was a bona fide
transaction for the purpose of enforcing the debt and not intended to
evade the provisions of this section and either
(i) a certification of no harassment or waiver thereof was granted
with respect to such multiple dwelling within a sixty day period prior
to the date of the recording of such mortgage and no suspension or
rescission thereof was recorded prior to such date; or
(ii) such mortgage was recorded prior to May fifth, nineteen hundred
eighty-three, or, if such owner is a banking organization as defined in
section two of the banking law, a national banking association, a
federal savings and loan association, the mortgage facilities
corporation, savings banks life insurance fund, the savings banks
retirement system, an authorized insurer as defined in section four of
the insurance law, or a trust company or other corporation organized
under the laws of this state all the capital stock of which is owned by
at least twenty savings banks or by at least twenty savings and loan
associations or a subsidiary corporation all of the capital stock of
which is owned by such trust company or other corporation, a commitment
for such mortgage was made prior to May fifth, nineteen hundred
eighty-three.
(3) In determining whether such transaction was bona fide, the
commissioner may consider whether at such multiple dwelling or any other
such multiple dwelling such owner did (i) otherwise engage or
participate in harassment; or (ii) with intent that harassment be
performed, agree with one or more persons to engage in or cause the
performance of harassment; or (iii) with intent that another person
engage in conduct constituting harassment, solicit, request, command,
importune or otherwise attempt to cause such person to engage in conduct
constituting harassment. The commissioner may also consider the
relationship between the parties to the transaction.
(4) A waiver of a certification pursuant to this subdivision shall
state the findings of the commissioner.
f. (1) The commissioner may rescind a certification of no harassment
or a waiver thereof granted with respect to the alteration or demolition
of a multiple dwelling if the commissioner finds that harassment has
occurred at the multiple dwelling with respect to which such
certification or waiver thereof was issued after the period of time
covered by such certification but prior to the commencement of
substantial work pursuant to an alteration permit or demolition permit
issued on the basis of such certification or waiver thereof.
(2) If the commissioner has reasonable cause to believe that such
harassment has occurred, the commissioner shall suspend the
certification of no harassment or waiver thereof and upon the request of
the commissioner, the commissioner of buildings shall not approve any
plans or issue an alteration or demolition permit with respect to the
alteration or demolition of such multiple dwelling or, if such plans
have been approved and an alteration or demolition permit has been
issued with respect to such alteration or demolition, issue a stop-work
notice and order pursuant to section 27-227 of article twenty-four of
subchapter one of the building code. Notice of such suspension shall be
mailed to the owner of record of such multiple dwelling and shall be
filed with the city register.
(3) As soon as reasonably possible, but not later than thirty days
after such suspension, the commissioner shall hold a hearing in the
manner provided in section 27-2092 of this article upon appropriate
notice and shall determine whether to rescind such certification;
provided, however, that if, prior to the commencement of substantial
work, the owner has been found by the office of rent control, the
conciliation and appeals board or any court having jurisdiction, to have
engaged in harassment, unlawful eviction or arson at the multiple
dwelling, the commissioner may rescind such certification without
holding a hearing. At such hearing the owner shall have an opportunity
to be heard by the commissioner or a designee of the commissioner.
(4) If the commissioner determines not to rescind such certification,
the commissioner shall notify the commissioner of buildings of such
determination and any stop-work notice and order issued by the
commissioner of buildings pursuant to paragraph two of this subdivision
shall be vacated immediately. Notice of such determination shall be
mailed to the owner of record of such multiple dwelling and filed with
the city register.
(5) If the commissioner determines that such certification shall be
rescinded, notice of such determination accompanied by written findings
indicating the grounds for such determination shall be provided to the
commissioner of buildings and shall be mailed to the owner of record of
such multiple dwelling and filed with the city register. Such
determination shall be subject to review pursuant to article
seventy-eight of the civil practice law and rules.
(g) For the purpose of any subsequent certification proceeding with
respect to such multiple dwelling pursuant to this section, the granting
of a certification of no harassment or a waiver thereof for any period
of time shall be conclusive proof only for the purposes of this section
that either no harassment occurred within the time period covered by
such certification or that the waiver of such certification for such
period of time was appropriate.
h. The commissioner is authorized to establish and collect reasonable
fees and charges from applicants for the administrative expenses
incurred by the department for the certification proceedings prescribed
in this section, including costs for publication and notices.
Section 27-2094
§ 27-2094 Inspection of one- and two- family dwellings; voluntary
registration of owner-occupant. a. Notwithstanding any other provision
of this chapter, the department, its officers or inspectors, shall have
no authority to inspect a one- or two-family dwelling, at least one
dwelling unit of which is owner-occupied, for violations of this code,
unless the department has received a signed complaint relating to
conditions in such dwelling or has a warrant for such inspection.
b. The owner of a one- or two-family dwelling who occupies a dwelling
unit in such dwelling, may notify the department of such
owner-occupancy, without payment of a fee, by filing a form to be
prescribed by the department including the following information:
(1) An identification of the premises by street number or by such
other description as will enable the department to locate the dwelling;
and
(2) An identification of the owner by name, residence and business
address; and
(3) A statement that he or she is the owner-occupant of the premises.
Section 27-2095
§ 27-2095 Service of notices and orders. a. Except as otherwise
expressly provided in this code, any notice of violation or other
notice, or any order authorized or required to be served by the
department under the provisions of this code, shall be served in the
following manner on any person or corporation to whom or which such
notice or order is directed:
(1) By delivering a copy of such notice or order to such person
directly, or if it is directed to a corporation, by delivering a copy
thereof to any officer or managing agent of such corporation personally;
or
(2) By delivering a copy of such notice or order to any person of
suitable age and discretion at the residence or place of business of the
person to whom it is directed, or if it is directed to a corporation, at
any office of such corporation; or
(3) (i) If service is to be made on an owner of a dwelling, by mailing
a copy of such notice or order to the latest business or residence
address of such owner as set forth in any registration statement filed
by such owner with the department under the applicable provisions of
article two of this subchapter;
(ii) If service is to be made on a managing agent of any such dwelling
designated under the applicable provisions of article two of this
subchapter, by mailing a copy thereof to the latest business or
residence address of such managing agent set forth in any such
registration statement or designation filed by the owner of such
dwelling;
(iii) If service is to be made on an owner of a dwelling who has not
filed such a registration statement in relation to such dwelling, or on
a managing agent of any such dwelling who has not been designated under
the applicable provisions of article two of this subchapter, by posting
a copy of such notice or order in a conspicuous place in such dwelling,
or by delivering a copy thereof to any person of suitable age and
discretion in charge of or apparently in charge of such dwelling, or by
mailing a copy thereof to such owner or managing agent at the last known
business or residence address of such owner or managing agent.
b. Any such notice directed to an owner of a dwelling or tenant of any
space therein need not designate such owner or tenant by name, but shall
refer to such dwelling or space by a description which shall be
sufficient to identify same and shall state that it is directed to the
owner of such dwelling or tenant of such space, as the case may be.
c. Where a designation of a managing agent under the applicable
provisions of article two of this subchapter is currently in effect as
to any multiple dwelling, any notice mentioned in subdivision a of this
section which is directed to the owner of such multiple dwelling shall
also be directed to such managing agent, and shall be served by the
department on both such owner and managing agent.
d. If a mortgagee or lienor has registered with the department
pursuant to the provisions of section 27-2109 of article two of this
subchapter, any notice of violation or other notice, or any order
authorized or required to be served by the department under the
provisions of this code on the owner of a dwelling may also be mailed to
such mortgagee or lienor no later than five days after the date upon
which such notice or order is served upon the owner, but the
department's failure to mail such notice or order to such mortgagee or
lienor shall not in any way affect the validity of service of such
notice or order upon the owner.
Section 27-2096
§ 27-2096 False statements punishable. a. Any application filed with
the department for the granting of any relief or the taking of any
action by the commissioner or the department or for the granting of any
permit under the provisions of this code and any answer to such
application filed with the department, shall be signed by the person
authorized or required to submit such application or answer under the
provisions of this chapter, or if such application or answer is
authorized or required to be submitted by a corporation, by an officer
thereof.
b. Any person who signs any such application or answer, or any
registration statement or designation of a managing agent authorized or
required under the provisions of this code shall certify that all
statements therein contained are true and correct.
c. Any person signing any such application, answer, registration
statement, or designation of a managing agent, who makes any false
statement therein as to any material matter to which the certification
provided for in subdivision b of this section applies, shall be guilty
of an offense punishable as provided in section 27-2118 of subchapter
five of this code.
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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