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New York City Overview
The New York City Charter
NEW YORK CITY CHARTER
Preamble
Introductory
Chapter 1: Mayor
Chapter 2: Council
Chapter 2-A: Districting Commission
Chapter 3: Board of Estimate [Repealed]
Chapter 4: Borough Presidents.
Chapter 5: Comptroller.
Chapter 6: Expense Budget
Chapter 7: Tax Appeals
Chapter 8: City Planning
Chapter 9: Capital Projects and Budget
Chapter 10: Budget Process
Section 225. Budgetary responsibilities of the mayor, the director of management and budget and the comptroller.
Section 225-a. Citywide participatory budgeting.
Section 226. Fiscal year.
Section 227. Spending pursuant to appropriations.
Section 228. Draft ten-year capital strategy.
Section 229. Revenue reports of the comptroller and mayor.
Section 230. Community board budget priorities.
Section 231. Departmental estimates.
Section 232. Report of the comptroller on capital debt and obligations.
Section 233. Report of the comptroller on the state of the city's finances.
Section 234. City planning commission hearing and statement on the draft ten-year capital strategy.
Section 235. Preliminary certificate of the mayor on capital debt and obligations.
Section 236. Submission of the preliminary budget.
Section 237. Report of independent budget office on revenues and expenditures.
Section 238. Community board review of preliminary budget.
Section 239. Estimate of assessed valuation, and statement of taxes due and uncollected by the commissioner of finance.
Section 240. Tax benefit report.
Section 241. Borough board preliminary budget hearings.
Section 242. Statement of debt service by the comptroller.
Section 243. The operating budget of the council.
Section 244. Preparation of the executive budget.
Section 245. Borough president recommendations to the mayor.
Section 246. Report of independent budget office on preliminary budget.
Section 247. Council preliminary budget hearings and recommendations.
Section 248. Ten-year capital strategy.
Section 249. Submission of the executive budget.
Section 250. The budget message.
Section 251. Borough president recommendations on the executive budget.
Section 252. Report of independent budget office on executive budget.
Section 253. Executive budget hearings.
Section 254. Amendment and adoption of the executive budget.
Section 255. Veto of the mayor.
Section 256. Appropriation, certification and publication.
Section 257. Comparison of adopted budget and ten-year capital strategy.
Section 258. Standards for budget and financial plan.
§ 258.1. Documents to be made available in certain formats.
Chapter 11: Independent Budget Office
Chapter 12: Obligations of the City
Chapter 13: Procurement
Chapter 13-A: Office of Economic and Financial Opportunity [Repealed]
Chapter 13-B: Office of Labor Services [Repealed]
Chapter 14: Franchises, Revocable Consents and Concessions
Chapter 15: Property of the City
Chapter 16: Heads of Mayoral Agencies
Chapter 17: Law Department
Chapter 18: Police Department
Chapter 18-A: Civilian Complaint Review Board
Chapter 18-B: Independent Police Investigation and Audit Board
Chapter 18-C: Public Safety
Chapter 18-D: Sale, Purchase and Possession of Weapons
Chapter 19: Fire Department
Chapter 19-A: Emergency Management Department
Chapter 20: Education
Chapter 21: Department of Parks and Recreation
Chapter 21-A: New York City Sports Commission
Chapter 22: Department of Health and Mental Hygiene
Chapter 23: Office of Animal Welfare
Chapter 24: Department of Social Services
Chapter 24-A: Department of Homeless Services
Chapter 24-B: Administration for Children's Services
Chapter 25: Department of Correction
Chapter 26: Department of Buildings
Chapter 27: Board of Standards and Appeals
Chapter 28: Department of Juvenile Justice [Repealed]
Chapter 29: Department of Ports and Trade [Repealed]
Chapter 30: Department of Youth and Community Development
Chapter 31: Department of Sanitation
Chapter 34: Department of Investigation
Chapter 35: Department of Citywide Administrative Services
Chapter 36: Equal Employment Practices Commission
Chapter 37: Art Commission
Chapter 38: Financial Information Services Agency
Chapter 39: Office of Payroll Administration
Chapter 40: New York City Human Rights Commission
Chapter 45: City Administrative Procedure Act
Chapter 45-A: Office of Administrative Trials and Hearings
Chapter 46: Elections and Voter Assistance
Chapter 46-A: Voting by Lawful Permanent Residents and Persons Authorized to Work in the United States
Chapter 47: Public Access to Meetings and Information
Chapter 48: Department of Information Technology and Telecommunications
Chapter 49: Officers and Employees
Chapter 50: Term Limits
Chapter 50-A: Qualification for Elected Office
Chapter 51: Transitory Provisions
Chapter 52: General Provisions
Chapter 54: Collective Bargaining
Chapter 55: Department of Design and Construction
Chapter 56: Department of Small Business Services
Chapter 57: Department of Environmental Protection
Chapter 58: Department of Finance
Chapter 59: Department of General Services [Repealed]
Chapter 61: Department of Housing Preservation and Development
Chapter 63: Business Integrity Commission
Chapter 64: Department of Consumer and Worker Protection
Chapter 65: New York City Taxi and Limousine Commission
Chapter 66: Department for the Aging
Chapter 67: Department of Cultural Affairs
Chapter 68: Conflicts of Interest
Chapter 69: Community Districts and Coterminality of Services
Chapter 70: City Government In the Community
Chapter 71: Department of Transportation
Chapter 72: Department of Records and Information Services
Chapter 73: Department of Employment [Repealed]
Chapter 74: Landmarks Preservation Commission
Chapter 75: Department of Veterans' Services
Chapter 76: Civic Engagement Commission
Chapter 77: Office of Ethnic and Community Media
Chapter 78: Equity
Chapter 79: Community Hiring and Workforce Development
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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Section 245. Borough president recommendations to the mayor.
   a.   Not later than the tenth day of March, each borough president shall submit to the mayor and council, in such form and containing such information as the mayor shall prescribe, any proposed modifications of the preliminary budget which the borough president recommends in accordance with the provisions of subdivision b of this section.
   b.   Each borough president shall propose such modifications to the preliminary budget as the borough president deems to be in the best interest of the borough, taking into consideration community and borough board priorities and testimony received at public hearings held pursuant to section two hundred forty-one. The net effects of any such modifications recommended by the borough president may not result in an increase in the total amount of appropriations proposed in the preliminary budget. If increases in appropriations within the borough are recommended, offsetting reductions in other appropriations within the borough must also be recommended. Each proposed increase or reduction must be stated separately and distinctly and refer each to a single object or purpose.
Section 246. Report of independent budget office on preliminary budget.
On or before the fifteenth day of March, the director of the independent budget office shall publish a report analyzing the preliminary budget for the ensuing fiscal year.
Section 247. Council preliminary budget hearings and recommendations.
   a.   Not later than the twenty-fifth day of March, the council, through its committees, shall hold hearings on the program objectives and fiscal implications of the preliminary budget, the statements of budget priorities of the community boards and borough boards, the draft ten-year capital strategy and the report of the city planning commission on such strategy, the borough presidents recommendations submitted pursuant to section two hundred forty-five to the extent that such recommendations are available at the time of these hearings, and the status of capital projects and expense appropriations previously authorized. The public and representatives of community boards and borough boards may attend and be heard in regard to all such matters. Representatives of the director of management and budget and the director of city planning may attend the hearings and ask questions. Officials of agencies, when requested by the committees of the council, shall appear and be heard.
   b.   Findings and recommendations of the council, or its committees, including recommendations for any changes in the unit of appropriation structure which the council deems appropriate, shall be submitted to the mayor and published not later than the first day of April. The net effect of the changes recommended by the council in the preliminary capital budget shall not result in a capital budget which exceeds the maximum amount set forth in the preliminary certificate issued pursuant to section two hundred thirty-five of this charter.
(Am. L.L. 2021/037, 3/28/2021, retro. eff. 3/25/2021)
Section 248. Ten-year capital strategy.
Not later than the twenty-sixth day of April in each odd-numbered year, the mayor shall issue and publish a ten-year capital strategy, prepared in accordance with the provisions of section two hundred fifteen of this chapter.
Section 249. Submission of the executive budget.
   a.   Not later than the first day of May, the mayor shall submit to the council (1) a proposed executive budget for the ensuing fiscal year, and (2) a budget message, both of which, along with any accompanying reports and schedules, shall be printed forthwith. Copies of such proposed executive budget, budget message and any accompanying reports and schedules shall also be provided to the council not later than the first day of May in both a human-readable format or spreadsheet and in a non-proprietary format or spreadsheet that permits automated processing and renders such data capable of being downloaded in bulk or any other format mutually agreed upon between the mayor and the council.
   b.   As soon after the submission of the executive budget as is practicable, the mayor shall submit to the council copies of all proposed local laws and all proposed home rule requests necessary to implement the recommendations made in the executive budget.
   c.   Adjustment of expense budget borough allocation. If the executive expense budget submitted by the mayor in accordance with this section includes an expense budget borough allocation which is greater or less than the expense budget borough allocation certified by the mayor to the borough presidents in accordance with subdivision d of section one hundred two, the mayor shall, concomitantly with the submission of the executive expense budget, notify each borough president of the difference between such amounts and of the portion of such difference allocable to each borough pursuant to the provisions of section one hundred two. Within seven days of receiving such notification, each borough president shall submit to the mayor and the council, in such form as the mayor shall prescribe, proposed additional appropriations or proposed reductions in appropriations equaling such portion of such difference.
   d.   Adjustments of capital budget borough allocations. If the executive capital budget submitted by the mayor in accordance with this section includes a capital budget borough allocation which is greater or less than the capital budget borough allocation certified by the mayor to the borough presidents in accordance with subdivision c of section two hundred eleven the mayor shall, concomitantly with the submission of such executive capital budget, notify each borough president of the difference between such amounts and of the portion of such difference allocable to each borough pursuant to the provisions of subdivision a of section two hundred eleven. Within seven days of receiving such notification, each borough president shall submit to the mayor and the council, in such form as the mayor shall prescribe, proposed additional appropriations or proposed reductions in appropriations equaling such portion of such difference.
(Am. L.L. 2017/218, 12/1/2017, eff. 12/1/2017; Am. L.L. 2024/117, 12/3/2024, eff. 12/3/2024)
Section 250. The budget message.
The budget message, which shall not be deemed a part of the budget, shall include:
   1.   An explanation, in summary terms, of the major programs, projects, emphases and objectives of the budget, the general fiscal and economic condition of the city, the tax and fiscal base of the city, and intergovernmental fiscal relations.
   2.   Itemized information and supporting schedules of positions, salaries and other than personal service expenses, anticipated for the ensuing fiscal year.
   3.   Recommendations for any changes in the revenue sources and fiscal operations of the city, including intergovernmental revenue and fiscal arrangements.
   4.   An itemized statement of the actual revenues and receipts and accruals of the general fund and of all other revenue sources, including state and federal aid and revenues for specified purposes, for each of the four preceding fiscal years, and for the first eight months of the current fiscal year, and the estimated amount of such items for the balance of the current fiscal year, and for the ensuing fiscal year. In preparing such information the mayor shall consult with the comptroller.
   5.   An estimate of the probable amount of (1) receipts into the city treasury during the ensuing fiscal year from all the sources of revenue of the general fund and (2) all receipts other than those of the general fund and taxes on real property.
   6.   A listing of the sources and amounts of all revenues and other monies of a nonrecurring nature that are being proposed to be utilized during the ensuing fiscal year and that are not expected to be available or used in subsequent fiscal years.
   7.   An update of the four-year financial plan, as set forth in section two hundred fifty-eight of this chapter, containing, (a) for each agency, for all existing programs, forecasts of expenditures for the ensuing fiscal year and the succeeding three fiscal years at existing levels of service; (b) forecasts of revenue by source from existing sources of revenue for the ensuing fiscal year and the succeeding three fiscal years; and (c) for each new or expanded program, an indication of when such program is projected to be fully implemented and a forecast of the annual recurring costs for such program or program expansion after it is fully implemented.
   8.   For each agency, a comparison of the proposed appropriations for the ensuing fiscal year with (i) the amounts appropriated in the current expense budget as originally adopted and as modified through the first eight months of the current fiscal year, (ii) the amounts actually expended in the previous fiscal year and (iii) the amounts actually expended through the first eight months of the current fiscal year and the estimated expenditures for the balance of the current fiscal year.
   9.   For each agency that has local service districts within community districts and boroughs, a statement of proposed direct expenditures in each service district for each unit of appropriation and a statement of the basis for the allocation of direct expenditures to local service districts of each such agency.
   10.   An explanation of principal changes in performance goals and indicators from the date of submission of the preliminary management report to the submission of the proposed executive budget.
   11.   An itemized statement, covering the city's entire capital plant, except for those portions of the capital plant which have been committed to the care and control of the board of education or officers or employees thereof, by agency and project type and, within project type, by personal services and other than personal services, of the amounts appropriated for maintenance of such capital plant in the previous and current fiscal years as originally adopted and as modified through the first eight months of the current fiscal year, and of the amounts actually expended for such maintenance in the previous fiscal year and through the first eight months of the current fiscal year and the amounts estimated to be expended for such purpose during the balance of the current fiscal year; and, for each agency, an explanation of the substantive differences, if any, between the amounts actually expended for such maintenance in the previous fiscal year or projected to be expended for such purpose in the current fiscal year and the amounts originally appropriated for such purpose for such years.
   12.   A presentation of the maintenance activities proposed by the mayor to be completed during the ensuing fiscal year for all major portions of the capital plant, as such terms are defined in subdivision a of section eleven hundred ten-a, categorized by agency and project type; an explanation of the differences, if any, between such proposed activities and the activities scheduled to be undertaken during such fiscal year pursuant to subdivision c of such section; an explanation of the differences, if any, between the proposed appropriations for such activities and the estimates of the amounts submitted, pursuant to subdivision f of such section, as necessary to maintain such portions of the capital plant; and a presentation and explanation of the differences, if any, between the maintenance activities for all major portions of the capital plant proposed by the mayor, in the budget message for the previous fiscal year, to be completed during such fiscal year and the activities actually completed during such fiscal year.
   13.   A statement of the extent to which the executive budget incorporates the revisions to the preliminary budget suggested by the borough presidents, in accordance with subdivision a of section two hundred forty-five and the reasons why any other suggested revisions were not incorporated in the executive budget.
   14.   A statement of the modifications, if any, which the mayor recommends that the council make in the appropriations submitted by the borough presidents pursuant to sections one hundred two and two hundred eleven.
   15.   A statement of any substantive changes in the methodology and assumptions used to determine the revenue estimates presented pursuant to subdivisions four, five and six of this section from the methodology and assumptions presented in the preliminary budget.
   16.   A statement of the implications for the orderly development of the city, its community districts and boroughs of the capital projects included in or contemplated by the capital budget and program.
   17.   A certificate setting forth the maximum amount of debt and reserves which, in the mayor's opinion, the city may soundly incur for capital projects during the ensuing fiscal year and during each of the following three fiscal years, and the maximum amount of appropriations and expenditures for capital projects which the city, given such maximum amount of debt and reserves, may soundly make during each such fiscal year.
(Am. L.L. 2019/215, 12/11/2019, eff. 12/11/2019)
Section 251. Borough president recommendations on the executive budget.
Not later than the thirteenth day of May, each borough president shall submit to the mayor and the council a response to the mayor's executive budget. Such response shall indicate which of the recommended appropriations submitted by the borough president pursuant to section two hundred forty-five, which were not included by the mayor in the executive budget, should be considered by the council for inclusion in the budget. Any appropriations recommended in this manner for inclusion in the budget shall be accompanied by recommendations for offsetting reductions in other appropriations within the borough. Any such increases or reductions must be stated separately and distinctly and refer each to a single object or purpose.
(Am. L.L. 2024/117, 12/3/2024, eff. 12/3/2024)
Section 252. Report of independent budget office on executive budget.
On or before the fifteenth day of May, the director of the independent budget office shall publish a report analyzing the executive budget for the ensuing fiscal year.
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