Section 27-2150
§ 27-2150 Definitions. For the purposes of this article the terms
single room occupancy multiple dwelling and single room occupancy
dwelling unit shall be defined in subdivision b of section 27-198.2 of
the code.
Section 27-2151
§ 27-2151 Withdrawal of single room occupancy dwelling units from the
rental market prohibited.
a. On and after June first, nineteen hundred eighty-seven, an owner of
a single room occupancy multiple dwelling which is subject to the
provisions of this section shall have a duty (1) to make habitable and
maintain in a habitable condition all single room occupancy dwelling
units and (2) to rent such habitable single room occupancy dwelling
units to bona fide tenants. The duty to rent shall be satisfied by the
owner if the owner has in fact rented all such units to bona fide
tenants or has, in good faith, made a continuing public offer to rent
such units at rents no greater than the rent authorized by law.
b. The provisions of this section shall apply to all single room
occupancy multiple dwellings which are subject to the provisions of
subdivisons a and c of section 27-198.2 of the code during the time such
subdivisions a and c are in full force and effect except:
1. any single room occupancy multiple dwelling which is exempted or
for which an application for exemption from the provisions of
subdivisions a and c of section 27-198.2 of the code has been filed
pursuant to paragraphs one, two, or three of subdivision d of section
27-198.2; provided, however, that the provisions of this section shall
apply to a single room occupancy multiple dwelling on and after the
sixtieth day after the date that an application for exemption pursuant
to such paragraphs of such subdivision is denied.
2. any single room occupancy dwelling unit with respect to which a
payment has been made or a replacement unit has been provided pursuant
to subparagraph a of paragraph four of subdivision d of section 27-198.2
of this code.
3. any single room occupancy multiple dwelling for which an
application for reduction in payment or replacement units has been made
pursuant to subparagraph (b) of paragraph four of subdivision d of
section 27-198.2 has been made; provided, however, that an owner shall
be required to maintain the same level of occupancy in such
multiple-dwelling which existed on September twelfth, nineteen hundred
eighty-six and provided, further, that the provisions of this section
shall apply to such dwelling on and after the sixtieth day after such
application is denied.
Section 27-2152
§ 27-2152 Enforcement. a. If the commissioner has reasonable cause to
believe that an owner has violated the provisions of subdivision a of
section 27-2151, the commissioner shall serve a notice of violation and
an order to correct such violation on the owner pursuant to sections
27-2091 and 27-2095 of this code. The order shall require the owner to
comply with subdivision a of section 27-2151 in the manner specified in
such order within ten days. A copy of the order shall be filed with the
city register and any subsequent purchaser of the property shall be
subject to such order.
b. An owner may apply within the ten day period following service of
the notice and order:
1. for the revocation of the notice of violation and order on the
ground that the condition alleged to constitute the violation did not
exist at the time the violation was placed. The department may grant
such revocation upon the presentation of proof satisfactory to the
department; or
2. for an extension of the time for correction. The department may,
upon good cause shown, including consideration of the complexity of
repairs which may be necessary to make the dwelling unit habitable,
grant such extension for such period of time that it deems appropriate.
c. The owner shall certify correction of the violation in accordance
with subdivision f of section 27-2115 no later than five days after the
date set for corrections. Such certification shall be supported by a
sworn statement by the owner that the units which are the subject of
notice of violation have been rented to bona fide tenants or that the
owner has, in good faith, made a continuing public offer to rent such
units at rents no greater than the rents authorized by law. The
department may require such additional proof as it deems necessary,
including but not limited to the specific units offered for rent and the
rents asked therefor.
d. For the purposes of this section there shall be a rebuttable
presumption that an owner has violated the provisions of subdivision a
of section 27-2151 if a single room occupancy dwelling unit is not
occupied by a bona fide tenant for a period of thirty days or longer.
e. 1. An owner who violates the provisions of subdivision a of section
27-2151 shall be subject to a civil penalty of five hundred dollars for
each single room occupancy dwelling unit cited in the notice and order
issued pursuant to subdivision a of this section. In additon, an owner
who fails to comply with the order within the time specified in the
order or within such further period of time authorized by the department
pursuant to subdivision b of this section shall be subject to a civil
penalty of two hundred fifty dollars per day for each dwelling unit to
be calculated from a date ten days after service of the order to the
date of compliance therewith.
2. In addition to the civil penalties provided in paragraph one of
this subdivision any owner who willfully makes a false certification
that a violation has been corrected shall be subject to a civil penalty
of not less than two hunred fifty dollars nor more than one thounsand
dollars for each dwelling unit or units which are the subject of the
notice of violation. Such owner shall also be guilty of a misdemeanor
punishable by a fine of not less than two hundred fifty dollars nor more
than one thousand dollars, or by imprisonment up to six months, or by
both such fine and imprisonment.
3. Such civil penalties may be recovered by the city in an action in
any court of competent jurisdiction. A judgment obtained in such an
action shall constitute a lien against the premises with respect to
which the violation occurred from the time of the filing of a notice of
pendency in the office of the clerk of the county in which such premises
is situated. A notice of pendency may be filed at the time of the
commencement of the action or at any time before final judgment or
order.
f. All civil penalties recovered pursuant to subdivision e of this
section shall be paid to the single room occupancy housing development
fund company established pursuant to subdivision i of section 27-198.2
of the administrative code.
g. 1. The city may institute an action in a court of competent
jurisdiction for an order requiring the owner to comply with the order
to correct or for such other relief as may be appropriate.
2. The city may make application for the appointment of a receiver in
accordance with the procedures contained in article six of this
subchapter. Any receiver appointed pursuant to this paragraph shall be
authorized, in addition to any other powers conferred by law, to effect
compliance with the provisions of this article. Any expenditures
incurred by the receiver to effect such compliance shall constitute a
debt of the owner and a lien upon the building and lot, and upon the
rents and income thereof, in accordance with the procedures contained in
such article six. The city in its discretion may provide funds to be
expended by the receiver, and such funds shall constitute a debt
recoverable from the owner in accordance with article eight of this
subchapter.
h. In the event of any inconsistency between the provisions of this
article and other provisions of this code the provisions of this article
shall control.
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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