Loading...
Article 2: Registration
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.
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.
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.
Loading...