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a. Definitions.
"Administering Agency" shall mean the agency that the mayor designates to administer the New York city identity card program.
"New York city identity card" shall mean an identification card issued by the city of New York pursuant to subdivision b of this section.
"Resident" shall mean person who can establish that he or she is a current resident of the city of New York pursuant to paragraph two of subdivision d of this section.
b. New York city identity card program.
(1) The mayor shall designate an agency to administer the New York city identity card program. The administering agency shall promulgate all rules necessary to effectuate the purposes of this subchapter.
(2) The administering agency shall designate access sites, including at least one site located within each of the five boroughs of the city of New York, where applications for such card shall be made available for pick-up and submission. The administering agency shall also make applications available online.
c. Issuance of New York city identity cards.
(1) The New York city identity card shall display, at a minimum, the cardholder's photograph, name, date of birth, address, and an expiration date, provided that the administering agency may by rule establish procedures to protect the addresses of victims of domestic violence or alternate requirements for applicants who lack a permanent address. Such card shall also, at the cardholder's option, display the cardholder's self-designated gender. Such identification card shall be designed in a manner to deter fraud.
(2) The New York city identity card shall be available to any resident of the city of New York, provided that such resident is able to meet the requirements for establishing his or her identity and residency set forth in subdivision d of this section and rules adopted by the administering agency pursuant to this section, including rules establishing a minimum age requirement for eligibility for the city identity card and any restrictions the administering agency deems appropriate for the protection of minors.
(3) The administering agency may establish a reasonable fee for applications for a New York city identity card, and if such a fee is established, shall adopt rules permitting residents who cannot afford to pay such fee to receive a full or partial waiver.
d. New York city identity card eligibility. In order to obtain a New York city identity card an applicant must establish proof of identity and proof of residency within the city as follows:
(1) Proof of identity. In order to establish identity, an applicant shall be required to produce one or more of the following documents or verifications:
(i) a U.S. or foreign passport;
(ii) a U.S. state driver's license;
(iii) a U.S. state identification card;
(iv) a U.S. permanent resident card;
(v) a consular identification card;
(vi) a photo identification card with name, address, date of birth, and expiration date issued by another country to its citizens or nationals as an alternative to a passport for re-entry to the issuing country;
(vii) a certified copy of U.S. or foreign birth certificate;
(viii) a Social Security card;
(ix) a national identification card with photo, name, address, date of birth, and expiration date;
(x) a foreign driver's license;
(xi) a U.S. or foreign military identification card;
(xii) a current visa issued by a government agency;
(xiii) a U.S. individual taxpayer identification number (ITIN) authorization letter;
(xiv) an electronic benefit transfer (EBT) card;
(xv) U.S. department of homeland security forms I-385 (alien booking record), I-862 (notice to appear), I-220A (order to release on recognizance), or I-220B (order of supervision);
(xvi) electronic verification through the department of correction incarcerated individual lookup system;
(xvii) a released offender identification card issued by the New York state department of corrections and community supervision; or
(xviii) any other documentation that the administering agency deems acceptable. The administering agency may by rule determine the weight to be given to each type of document or verification provided in this paragraph, and require that an applicant produce more than one document to establish identity.
(2) Proof of residency. In order to establish residency, an applicant shall be required to produce one or more of the following items each of which must show the applicant's name and residential address located within the city and must be dated no more than sixty days prior to the date such document is presented, except as otherwise indicated in this paragraph:
(i) a utility bill;
(ii) a current residential property lease;
(iii) a local property tax statement dated within one year of the date it is submitted;
(iv) a local real property mortgage payment receipt;
(v) a bank account statement;
(vi) proof that the applicant has a minor child currently enrolled in a school located within the city;
(vii) an employment pay stub;
(viii) a jury summons or court order issued by a federal or state court;
(ix) a federal or state income tax or refund statement dated within one year of the date it is submitted;
(x) an insurance bill (homeowner, renter, health, life, or automobile insurance);
(xi) written verification issued by a homeless shelter, including emergency housing deemed appropriate by the administering agency, that receives city funding confirming at least fifteen days residency;
(xii) written verification issued by a hospital, health clinic or social services agency located within the city of New York confirming at least fifteen days residency; or
(xiii) Any other documentation that the administering agency deems acceptable.
(xiv) The administering agency may by rule determine the weight to be given to each type of document provided in this paragraph, and require that an applicant produce more than one document to establish residency. The administering agency shall by rule create alternative methods by which individuals who are homeless can establish residency in the city notwithstanding the lack of fixed address.
e. Confidentiality of New York city identity card eligibility information.
(1) Once every quarter the city shall destroy copies of records provided by applicants to prove identity or residency for a New York city identity card that have been retained more than two years, except where such records are required by law to be preserved as evidence for purposes of litigation.
(2) On or before December 31, 2016, the administering agency shall review data collected in the report described in subdivision h of this section and make a determination regarding the continuing need to retain records pursuant to paragraph one of this subdivision in order to effectively administer the New York city identity card program and shall make any appropriate modifications to the policy for retention of records related to the New York city identity card program.
(3) In the event that:
(i) the administering agency fails to make a determination on or before December 31, 2016 pursuant to paragraph (2) of this subdivision, or
(ii) the administering agency determines that records retention is no longer necessary, then the city shall not retain originals or copies of records provided by an applicant to prove identity or residency for a New York city identity card for longer than the time needed to review the application, and any such records in the city's possession prior to such date shall be destroyed on or before December 31, 2016 or, in the case of an application pending on such date, as soon as practicable after a final determination has been made regarding the application. Nothing in this paragraph shall be construed to prevent the city from retaining records where such records are required by law to be preserved as evidence for purposes of litigation.
(4) To the maximum extent allowed by applicable federal and state law, information collected about applicants for the card shall be treated as confidential and may only be disclosed if:
(i) Authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual's parent or legal guardian;
(ii) So ordered by a court of competent jurisdiction;
(iii) To a requesting city agency for the limited purpose of administering the New York city identity card program or determining or facilitating the applicant's eligibility for additional benefits, services, and care, provided that such disclosure is made in accordance with all applicable federal and state privacy laws and regulations, and subject to the further requirement that such information shall not be redisclosed to any other governmental agency or entity, or third party; or
(iv) To a law enforcement agency that serves the administering agency a judicial subpoena or judicial warrant.
(5) The city shall not indicate on the application forms used to apply for a New York city identity card the type of records provided by an applicant to establish residency or identity.
f. Access to services.
(1) All city agencies shall accept such card as proof of identity and residency for access to city services unless (i) such acceptance is prohibited by federal or state law, (ii) additional documentation is required to obtain the benefits of a federal or state program, or (iii) the agency has reasonable grounds to believe that the card is counterfeit, altered, or improperly issued, or the individual presenting the card is not the individual to whom the card was issued.
(2) The city shall seek to encourage eligible persons to apply for the card and expand the benefits associated with the card, including, at a minimum, by promoting acceptance of the card by banks and other public and private institutions.
(3) City agencies shall not require the possession of a New York city identity card where identification is not already required to obtain city services, provided, however that agencies may require the possession of a New York city identity card to obtain benefits or privileges offered exclusively to those who possess a New York city identity card as an incentive to apply for a New York city identity card.
g. Language assistance services. The administering agency, in consultation with the mayor's office of immigrant affairs, shall identify and implement measures, including but not limited to staff training, community outreach, and language assistance tools, to address the needs of limited English proficient individuals in the administration of the New York city identity card program.
h. Reporting. The administering agency shall prepare and submit to the mayor and the speaker of the city council a report on the New York city identity card program that includes the following information:
(1) the number of applications received by the city for the New York city identity card disaggregated by applicant borough of residency;
(2) the number of New York city identity cards issued;
(3) the number of New York city identity cards issued to minors;
(4) the number of requests made by city agencies for information collected about applicants for the New York city identity card disaggregated by requesting agency;
(5) the number of times the administering agency shared documents submitted by applicants to establish eligibility for the New York city identity card with other city agencies disaggregated by agency;
(6) the number of denials made to requesting agencies for information collected about applicants for the New York city identity card;
(7) the number of New York city identity card applicants whose information was disclosed to law enforcement, disaggregated by whether such disclosure was pursuant to a judicial warrant or judicial subpoena;
(8) the number of occurrences of fraud or other criminal activity related to issuance of the New York city identity card;
(9) the city's efforts to conduct outreach to prospective applicants relating to the New York city identity card program;
(10) the city's efforts to promote acceptance of the New York city identity card by banks and other public and private institutions;
(11) the types of services, other than city services, for which the New York city identity card is permitted as acceptable proof of identity and residency; and
(12) any other metric the administering agency deems appropriate, including but not limited to additional measures of fraudulent or other criminal activity related to the New York city identity card program. Such report shall be submitted on March 31, 2015 and every three months thereafter.
(Am. L.L. 2023/156, 11/19/2023, eff. 3/18/2024)
a. For the purposes of this section, the following terms shall have the following meanings:
(2) "Food vending permit" means any permit as required by section 17-307 of this code;
(3) "General vending license" means a license as required by section 20-453 of this code;
(4) "HUD-VASH voucher" means any voucher funded by the United States department of housing and urban development and United States department of veterans affairs supportive housing program;
(5) "Mitchell-Lama housing" means any housing development organized pursuant to article two of the private housing finance law that is supervised by the department of housing preservation and development;
(6) "Veteran" means a person who has served in the active military service of the United States and who has been released from such service otherwise than by dishonorable discharge.
b. The mayor's office of operations shall report in writing to the director of the office of veterans' affairs, the veterans' advisory board, and the council the following data for the prior calendar year, to the extent practicable, disaggregated by borough: (1) the total number of Mitchell-Lama housing applications received from veterans or their surviving spouses who have identified themselves as the head of household on such applications; (2) the total number of Mitchell-Lama housing applications approved by the department of housing preservation and development for veterans or their surviving spouses who have identified themselves as the head of household on such application; (3) the total number of fee-exempt mobile food vending licenses and food vending permits issued by the department of health and mental hygiene to veterans, (4) the number of general vending licenses issued by the department of consumer and worker protection to veterans; (5) the total number of veterans who submitted an application to the department of consumer and worker protection for a general vending license; (6) the total number of veterans residing in the city who utilized a HUD-VASH voucher; and (7) the total number of civil service examination applications received by the department of citywide administrative services for which the applicant claimed a veterans credit as provided for in section 85 of the civil service law.
c. Such data may be included as part of the management report provided for in section 12 of the charter, or may be issued as an independent report of the mayor's office of operations, with such independent report being due no later than October 15th of each year.
(L.L. 2015/023, 3/18/2015, eff. 3/18/2015; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
* Editor's note: Renumbered as § 9-306 by L.L. 2018/025, 12/31/2017, eff. 3/31/2018.
a. For the purposes of this section, the following terms have the following meanings:
Homeless youth. The term "homeless youth" means persons under the age of 21 who are in need of services and are without a place of shelter where supervision and care are available.
Runaway youth. The term "runaway youth" means persons under the age of 18 years who are absent from their legal residence without the consent of their parent, legal guardian or custodian.
Sexually exploited youth. The term "sexually exploited youth" means persons under the age of 18 who have been subject to sexual exploitation because they (a) are the victim of the crime of sex trafficking as defined in section 230.34 of the penal law; (b) engage in any act as defined in section 230.00 of the penal law; (c) are a victim of the crime of compelling prostitution as defined in section 230.33 of the penal law; (d) are a victim of the crime of sex trafficking of a child as defined in section 230.34-a of the penal law; or (e) engage in acts or conduct described in article two hundred sixty-three of the penal law. The term shall also mean persons under the age of 18 who have been subject to incest in the third degree, second degree or first degree, as defined in sections 255.25, 255.26, and 255.27 of the penal law, respectively, or any of the sex offenses enumerated in article one hundred thirty of the penal law.
b. There shall be established a training coordinator, to be located in an agency designated by the mayor, who shall provide coordination, direction and guidance with respect to the provision of annual trainings to individuals whose positions involve regular contact with youth, focusing on best practices for identifying runaway, homeless or sexually exploited youth, and for connecting such youth to appropriate services. Such training shall be provided to the employees of the administration for children's services, the department of parks and recreation, the department of homeless services, and the human resources administration/department of social services.
c. The coordinator shall work with each agency identified in subdivision b of this section to identify employees whose job qualifications make them best suited for such training. The coordinator shall also be responsible for outreach efforts to other entities, including but not limited to the department of education, police department, the department of probation, health clinics, libraries, and hospitals, including emergency rooms, to encourage them to consider whether trainings similar to the ones described in this section would be appropriate for their personnel.
d. As a condition of the contract with any of the agencies identified in subdivision b of this section, contractors and service providers shall provide to their employees whose positions involve regular contact with youth the training described in this section, and shall certify to the city agency responsible for such contract that such training has been conducted.
e. The trainings required by this section shall be conducted in person, or through a web-based system capable of accepting, transmitting and displaying messages between a trainee and either a trainer or a provider entity, for the purpose of allowing question and answer upon receipt, or both, or through another platform or application that has been developed for such purposes.
(L.L. 2016/039, 4/6/2016, eff. 7/5/2016; Am. 2018 N.Y. Laws Ch. 189, 8/15/2018, eff. 11/13/2018; Am. 2021 N.Y. Laws Ch. 23, 2/2/2021, eff. 2/2/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/039.
a. Definitions. For the purposes of this section, the term "deed restriction" means a covenant set forth in a deed, lease that is for a term of 49 years or longer, or easement that limits the use of property located within the city and is imposed by the city when such property is sold or otherwise disposed of by the city.
b. Approval.
1. The department of citywide administrative services shall not modify or remove any deed restriction without the approval of the mayor pursuant to this section.
2. The department of housing preservation and development shall not modify or remove any deed restriction without the approval of the mayor or the deputy mayor for housing and economic development or the official occupying any successor position, or his or her designee.
c. Committee.
1. There shall be a committee to review preliminary recommendations by the department of citywide administrative services to modify or remove deed restrictions. The committee shall consist of four members, who shall be:
i. the first deputy mayor or the official occupying any successor position, or their designee;
ii. the deputy mayor for housing and economic development or the official occupying any successor position, or their designee;
iii. the corporation counsel, or their designee; and
iv. the director of the office of management and budget, or their designee.
2. Such committee shall review the preliminary recommendation and accompanying materials submitted by the department of citywide administrative services and determine whether to approve such recommendation. In reaching such determination, the committee shall consider whether approval furthers the best interests of the city, pursuant to the factors set forth in subdivision a of section 25-802.
3. (a) The committee shall issue a written determination of its approval or denial of the department of citywide administrative services' preliminary recommendation, including the committee's determination to approve or modify the consideration amount required, if any, for the modification or removal of the deed restriction, as proposed by the department, and the reasons for reaching such determinations. Any modification of the consideration amount by the committee shall be based on the appraisals provided by the department and in accordance with the calculation method developed by the department pursuant to subdivision b of section 25-804.
(b) Within three business days of reaching such a determination, the committee shall post online and send notice of such determination by mail and electronic mail to the department of citywide administrative services, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.
(c) The committee may modify its determination in the event that updated appraisals are provided to the committee after the department submits its preliminary recommendation.
d. Mayoral approval.
1. Following the receipt of the department of citywide administrative services' final written recommendation for approval of a request to modify or remove a deed restriction submitted pursuant to section 25-805, the mayor, or the mayor's designee, shall approve or deny such request. Such request shall only be approved upon a determination by the mayor that the proposed modification or removal is appropriate and furthers the best interests of the city.
2. Within three business days of reaching a determination of approval or denial of such request, the mayor shall post notice of such determination online and send notice of such determination by mail and electronic mail to the department of citywide administrative services, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.
e. Database of properties.
1. The mayor or an agency or officer designated by the mayor shall maintain a searchable electronic database of all real property upon which a deed restriction was imposed on or after 1966 by the department of citywide administrative services and all requests for modification or removal of such deed restrictions made pursuant to the procedures set forth in chapter 8 of title 25. Data shall be added to such database as set forth in paragraph 2 of this subdivision and updates to such data shall be made not less than 30 days following any change to such data. Such database shall be posted on the city's website, shall have the ability to produce reports by query, and shall be published to the city's open data portal in a non-proprietary format that permits automated processing and shall include, but not be limited to, the following information:
i. The location of the property including the borough, community board district, block and lot number, and any commonly known name;
ii. The name and address of the person or entity to whom the property was disposed;
iii. A description of all restrictions contained in the deed to the property;
iv. A copy of or electronic link to the deed, lease that is for a term of 49 years or longer, or easement containing such restriction;
v. Information on requests for the modification or removal of a deed restriction made pursuant to the procedures set forth in chapter 8 of title 25, including, but not limited to, all information required to be posted online by the department for citywide administrative services pursuant to such section; and
vi. Any other information deemed relevant by the mayor or the agency or officer designated by the mayor to maintain such database.
2. Such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 2006. No later than one year following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1996. No later than two years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1986. No later than three years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1976. No later than four years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1966.
(L.L. 2016/176, 12/22/2016, eff. 12/22/2016 and 12/22/2017)
a. The mayor, or an agency designated by the mayor, shall analyze data provided under subdivisions b and c of this section to provide an estimate of the number of vacant residential buildings and vacant lots located in areas zoned to permit residential use. Such analysis need not be conducted with regard to vacant buildings or vacant lots located in coastal flood zones designated by the federal emergency management agency or other coastal flood zones designated or recognized by the city. The first such analysis shall be initiated no later than 90 days after the effective date of the local law that added this section and shall be completed within three years thereafter. A new vacancy analysis shall be conducted every five years thereafter.
b. The departments of housing preservation and development, environmental protection, buildings and sanitation and the fire department, and any other agency upon request of the mayor or such designated agency, shall provide to the mayor or such designated agency such records as may be provided lawfully concerning the physical condition of and services provided to any building or parcel of land within the city in order to aid the mayor or such designated agency in determining whether any building or lot is vacant.
c. The mayor or such designated agency shall compile a list of the potentially vacant buildings and potentially vacant lots disclosed as a result of such analysis. Sources of information relating to buildings and lots shall include, but need not be limited to, records of the department of housing preservation and development, the department of finance and the department of buildings, and each agency shall provide to the mayor or such designated agency such information as shall be requested and that may be provided lawfully.
(L.L. 2018/029, 1/8/2018, eff. 7/7/2018)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Agency. The term "agency" has the same meaning as such term is defined in section 1150 of the charter and shall include the offices of the borough presidents, the comptroller and the public advocate.
Department. The term "department" means the department of citywide administrative services.
Reporting individual. The term "reporting individual" means a city job or internship applicant, or a current or former employee, intern, independent contractor or volunteer who brings forth a report of workplace sexual harassment.
Respondent. The term "respondent" means a city job or internship applicant, or a current or former employee, intern, independent contractor or volunteer accused of workplace sexual harassment who has entered into the agency's official complaint process.
b. Each agency shall report to the department complaints of workplace sexual harassment annually. The department shall annually compile complaints of workplace sexual harassment within each agency for the preceding fiscal year and shall annually submit by December 31 to the mayor, the council and commission on human rights, which shall post it on its website, a report containing the following information:
1. The number of such complaints that were filed;
2. Of those complaints in paragraph 1 of this subdivision, the number of complaints resolved;
3. Of those complaints in paragraph 2 of this subdivision, the number of complaints substantiated;
4. Of those complaints in paragraph 2 of this subdivision, the number of complaints not substantiated; and
5. The number of complaints in the agency's official discrimination claim process that were closed because the complaint was withdrawn by the reporting individual prior to a final determination.
c. The information required pursuant to subdivision b of this section shall be disaggregated by agency, except that agencies with 10 employees or less shall be aggregated together.
d. No report required pursuant to subdivision b of this section shall contain personally identifiable information. If any category requested contains between 0 and 5 incidents of sexual harassment claims, the number shall be replaced with a symbol.
(L.L. 2018/097, 5/9/2018, eff. 11/5/2018)
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