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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.
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.
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.
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 shall be subject to a civil penalty of not less than five hundred dollars and not more than one thousand five hundred dollars for a multiple dwelling containing five or less dwelling units, and not less than one thousand dollars and not more than five thousand dollars for a multiple dwelling containing more than five dwelling units, recoverable by the department by civil action in a court of appropriate jurisdiction pursuant to the provisions of article two of subchapter five of this chapter.
a-1. 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 provides false information on any such statement shall be subject to a civil penalty of not less than seven hundred and fifty dollars and not more than five thousand dollars, recoverable by the department by civil action in a court of appropriate jurisdiction pursuant to the provisions of article two of subchapter five of this chapter. The department shall invalidate any statement required under this article that has been found to contain false information.
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.
(Am. L.L. 2023/071, 6/11/2023, eff. 12/8/2023)
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