Section 27-2097
§ 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) For all one- and two-family dwellings where neither the owner nor
any family member occupies the dwelling and thereafter not later than
ten days after the date neither the owner nor any family member occupies
the dwelling. For purposes of this paragraph, "family member" shall mean
an owner's spouse, domestic partner, parent, parent-in-law, child,
sibling, sibling-in-law, grandparent or grandchild.
(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.
c. An owner who is required to register shall file a new registration
statement annually.
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 previously.
e. 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.
Section 27-2098
§ 27-2098 Registration statement; contents. a. 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. If the owner of a
multiple dwelling 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 of a multiple
dwelling is a partnership, the identification shall include the name and
business address of such partnership together with the names and
business addresses of each general partner and for each limited partner
whose share of ownership of the partnership exceeds twenty-five percent,
the names and business addresses of all such limited partners. 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 or a one- or two-family
dwelling where neither the owner nor any family member occupies the
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 neither the
owner nor any family member occupies the dwelling, 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.
(6) For the purposes of this section, a United States postal service
mail delivery box, a mail delivery box maintained through a privately
operated mail handling facility or the address at which any similar
service is provided shall be deemed an invalid business address and the
department shall not accept for filing any registration statement
containing only such an address.
b. 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.
c. 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.
d. 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.
Section 27-2099
§ 27-2099 Registration statement; change of ownership or title. a.
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.
b. 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.
c. 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.
d. (1) Notwithstanding any other provision of law, after thirty days
have elapsed from the date that title to a dwelling is conveyed to a new
owner or devolves upon a new owner by operation of law, if the new owner
has not filed a registration statement in relation to such dwelling, the
department may invalidate the former owner's last valid registration for
such dwelling upon application by such former owner for the limited
purpose of service of notices or orders authorized or required under
this code to be served by the department upon the last registered owner
or last registered managing agent. To effect such limited invalidation,
the former owner shall submit such documentation as is satisfactory to
the department that the ownership of the dwelling has changed and that
such former owner no longer owns the dwelling; provided, however, that
such registration shall remain valid for all purposes until the
department informs such former owner in writing that such registration
has been invalidated for such limited purpose.
(2) Where a notice or order is authorized or required under this code
to be served by the department upon the last registered owner or last
registered managing agent and the department has invalidated the last
valid registration pursuant to paragraph one of this subdivision for the
limited purpose of service of notices or orders, such service may be
made by personal delivery of the notice or order to a person in direct
or indirect control of the premises or by mailing a copy thereof to the
attention of "owner" or "managing agent" at such dwelling; provided,
however, that such manner of service is authorized only until such time
as a valid registration is subsequently filed for the dwelling.
Section 27-2100
§ 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.
Section 27-2101
§ 27-2101 Change of managing agent. a. The owner may terminate the
designation of a managing agent at any time by filing with the
department a statement designating a qualified successor.
b. 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.
c. 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.
d. 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.
Section 27-2102
§ 27-2102 Registration statement; lease of an entire multiple
dwelling. a. 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.
b. 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.
c. 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.
Section 27-2103
§ 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.
Section 27-2104
§ 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.
Section 27-2105
§ 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. a. 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.
b. 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.
Section 27-2106
§ 27-2106 Registration statement; proof of contents. a. 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.
b. 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.
Section 27-2107
§ 27-2107 Failure to register; penalties. a. 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.
b. 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.
Section 27-2108
§ 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.
Section 27-2109
§ 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:
a. The name and address of the mortgagee or lienor.
b. 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.
c. 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.
Section 27-2109.1
§ 27-2109.1 Notice by a mortgagee commencing an action to foreclose a
mortgage on residential real property. (a) 1. Any mortgagee that
commences an action in a court of competent jurisdiction in the state of
New York to foreclose a mortgage on residential real property within the
city of New York shall provide notice to the department, in a form
prescribed by the department, within fifteen days of service of the
pleadings commencing such action. If such action was commenced before
the effective date of the local law that added this section, and remains
pending as of such effective date, notification shall be provided within
thirty days of such effective date, provided, however, that no notice
shall be required for actions commenced prior to February 13, 2010,
regardless of whether such action remains pending as of such effective
date. Such notice shall include, but need not be limited to, the
following information: (i) the name of the mortgagee plaintiff
commencing such action and the mailing address, telephone number and
e-mail address of such mortgagee plaintiff, and, when applicable, the
name of a principal or corporate officer of such mortgagee plaintiff,
and the mailing address, telephone number and e-mail address of such
principal or corporate officer; (ii) the name of the defendant in such
action; (iii) the identification of such residential real property by
street address and block and lot number, (iv) the date of the
commencement of such action, (v) the court in which such action was
commenced, and (vi) such other information as the department may require
by rule. For the purposes of this section, "mortgagee" shall mean any
person that commences an action to foreclose a mortgage on residential
real property including, but not limited to, a lender, assignee or
mortgage loan service provider that commences such an action.
2. A mortgagee shall notify the department within fifteen days of the
discontinuance of an action for which notice pursuant to paragraph one
of this subdivision has been received by the department, the issuance of
a judgment in such action, or the sale of the real property as a result
of such action.
3. The department shall maintain on its website a list of all
properties with twenty or more units, identified by block and lot number
along with the name, mailing address and telephone number of the
mortgagee plaintiff and the name of the defendant for which notice
pursuant to paragraph one of this subdivision has been received. Such
list shall be updated at a minimum on the first business day of each
month. The department shall report on its website each three months: (i)
the total number of foreclosure actions commenced during the immediately
preceding three months for which notice pursuant to paragraph one of
this subdivision has been received by the department, disaggregated by
community district; and (ii) the total number of foreclosure actions
pending, for which notice pursuant to paragraphs one and two of this
subdivision has been received by the department, disaggregated by
community district. The department shall provide the information
provided to it pursuant to paragraphs one and two of this subdivision to
one or more agencies for which the department determines that such
information furthers such agency or agencies' duties, including but not
limited to the enforcement of section 28-210.1 of this code or related
provisions, and to any other city agency upon request by such agency.
b. Any mortgagee who fails to notify the department in accordance with
subdivision a of this section shall be liable for a civil penalty
enforceable by the department. Such civil penalty shall not exceed one
thousand dollars for each week that there is a failure to notify. The
failure to notify shall not be deemed to affect in any way any pending
legal proceeding related to such residential real property.
c. The provisions of this section shall not apply to any foreclosure
actions brought by a governmental entity.
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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