CHAPTER 2
HOUSING MAINTENANCE CODE
[table of contents]

SUBCHAPTER 4
ADMINISTRATION

ARTICLE 1
Powers and Functions of the Department

Section
27-2090 Power to Make Regulations
27-2091 Power to Issue Orders
27-2092 Power to Hold Hearings; Subpoena Power; Production of Documents
27-2093 Certification of No Harassment with Respect to Single Room Occupancy Multiple Dwellings
27-2094 Inspection of One- and Two-family Dwellings; Voluntary Registration of Owner-Occupant
27-2095 Service of Notices and Orders
27-2096 False Statements Punishable

Sec. 27-2090 Power to make regulations

The department shall have power to promulgate such regulations as it may consider necessary or convenient to interpret or carry out any of the provisions of this code.

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Sec. 27-2091 Power to issue orders

1. The department shall have power to issue notices and orders to secure compliance with the requirements of this code, of the multiple dwelling law, and of other state and local laws that impose requirements on dwellings.
   
   
2. The failure to comply with a notice or order of the department issued pursuant to this code within the time provided for such compliance in the order shall be dealt with in accordance with the provisions of this code. Nothing contained herein shall, however, limit or render inapplicable other provisions of the administrative code relating to the enforcement of orders of the department or commissioner of the department under other applicable provisions of law.

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Sec. 27-2092 Power to hold hearings; subpoena power; production of documents

For the purpose of enforcing the provisions of this code, considering the desirability or scope of any proposed rule or regulation hereunder, and for the purpose of making any determination required to be made by the department under this code, the department shall have power to conduct inspection, to hold public or private hearings, to subpoena witnesses, administer oaths and take testimony, and compel the production of books, papers, records and documents. The commissioner may designate himself or herself or one or more of the members, officers or employees of the department to act as a hearing board, to exercise any one or more of the powers listed, and the department may promulgate regulations to assure a lawful, orderly and fair procedure before such hearing board. Every person who shall appear before such a hearing board shall have the right to be represented by counsel of his or her own choosing.

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Sec. 27-2093 Certification of No Harassment with Respect to Single Room Occupancy Multiple Dwellings.

1. For the purposes of this section, "harassment" shall mean any conduct by or on behalf of an owner of a single room occupancy multiple dwelling that includes:
   
   
   1. the use or threatened use of force which causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit in such multiple dwelling to vacate such unit or to surrender or waive any rights in relation to such occupancy;
      
      
   2. the interruption or discontinuance of essential services which (i) interferes with or disturbs or is intended to interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of a dwelling unit in the use or occupancy of such dwelling unit and (ii) causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit to vacate such unit or to surrender or waive any rights in relation to such occupancy;
      
      
   3. the failure to comply with the provisions of subdivision c of section 27-2140 of article seven of subchapter five of this code which causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit to vacate such unit or to waive any rights in relation to such occupancy; or
      
      
   4. any other conduct which prevents or is intended to prevent any person from the lawful occupancy of such dwelling unit or causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit to vacate such unit or to surrender or waive any rights in relation to such occupancy including but not limited to removing the possessions of any occupant from the dwelling unit; removing the door at the entrance to the dwelling unit; removing, plugging or otherwise rendering the lock on such entrance door inoperable; or changing the lock on such entrance door without supplying the occupant with a key.
      
      
2. For the purposes of any hearing held pursuant to this section, any of the acts or omissions described in paragraphs, one, two, three and four of subdivision a of this section which are committed at a single room occupancy multiple dwelling shall be presumed to be committed by or on behalf of the owner of such multiple dwelling and it shall be presumed that such acts or omissions were committed with the intent to cause a person lawfully entitled to occupancy of a dwelling unit in such multiple dwelling to vacate such unit or to surrender or waive a right in relation to such occupancy.
   
   
3. The commissioner shall certify whether there has been no harassment of the lawful occupants of a single room occupancy multiple dwelling, as such term is defined in section 27-198 of article nineteen of subchapter one of the building code, during the thirty-six month period prior to the date of the submission of an application for a certification of no harassment by an owner of such multiple dwelling. With respect to an application for a certification of no harassment which is submitted pursuant to paragraph three of subdivision b of section 27-198 of article nineteen of subchapter one of the building code, the date of submission of such application shall be deemed to be the date of submission of an application for plan approval.
   
   
4. An application for certification of no harassment shall be in such form and shall contain such information and provisions as shall be prescribed by the commissioner including, but not limited to, consent by the applicant to access to the premises by governmental agencies, and shall be determined in accordance with the following procedure:
   
   
   1. Upon the receipt of an application for a certification of no harassment, the commissioner shall publish notice in such publication as the commissioner deems appropriate for a period of seven consecutive days, shall mail notice to the owner of record, such occupants as the department shall identify, such other interested persons as the department shall identify, the local community board and appropriate government agencies and shall post notice in a conspicuous place on the premises of the multiple dwelling for which the certification is sought.
      
      
   2. The notice shall be in such form as shall be prescribed by the commissioner and shall state, in English and whatever other language the commissioner deems appropriate:
      1. the location and general description of the multiple dwelling for which the certification is sought;
      2. a description of the certification procedure and its purpose;
      3. the period of time for which certification is to be made;
      4. in plain language, a description of conduct constituting harassment; and
      5. that any occupants or former occupants of the multiple dwelling for which such certification is sought and other interested persons, government agencies and the local community board, are invited to submit their comments within thirty days of the date of such notice in writing or orally at a designated location.
         
         
   3. Upon the expiration of such thirty day comment period, the commissioner may (i) determine that no harassment has occurred within the stated period of time and forthwith grant such certification, (ii) determine that a waiver of certification may be granted pursuant to subdivision e of this section and forthwith grant such waiver, or (iii) deny such certification without a prior hearing if there has been a finding by the office of rent control, the conciliation and appeals board or any court having jurisdiction that there has been harassment, unlawful eviction or arson by or on behalf of the owner at the multiple dwelling for which certification is sought during the stated period of time; or (iv) where there has been no prior determination of harassment, unlawful eviction or arson by or on behalf of the owner, provide that a hearing be held in the manner provided in section 27-2092 of this article if the commissioner has reasonable cause to believe that harassment has occurred within such stated period of time and that a waiver of certification may not be granted. At such hearing, the owner of the multiple dwelling for which such certification is sought, shall have the opportunity to be heard by the commissioner or a designee prior to the granting or denial of certification or of a waiver thereof. Notice of such hearing shall be given to the applicant and to other interested parties, governmental agencies and local community board in the manner to be prescribed by rules and regulations of the commissioner. Within forty-five days after such hearing, the commissioner shall either grant or deny such certification or waiver thereof.
      
      
   4. If certification or a waiver thereof is denied, notice of such denial accompanied by written findings indicating the grounds for such denial shall be mailed to the owner of record and shall be filed in the office of the city register. Such determination shall be subject to review pursuant to article seventy-eight of the civil practice law and rules.
      
      
   5. Neither such certification nor a waiver thereof shall be granted unless the applicant submits a sworn statement, in such form as the commissioner shall prescribe, by all the owners of the multiple dwelling representing that there will be no harassment of the occupants of such multiple dwelling by or on behalf of such owners. The corporation counsel may institute any action or proceeding in any court of competent jurisdiction that may be appropriate or necessary for the enforcement of this representation and agreement. Nothing contained herein shall preclude an occupant of such multiple dwelling from applying on his or her own behalf for similar relief.
      
      
   6. The commissioner shall promulgate rules and regulations to establish procedures relating to applications for and the issuance of supplemental certifications as required by paragraph nine of subdivision b of section 27-198 of the code.
      
      
5. The commissioner may grant a waiver of certification of no harassment although the commissioner determines that harassment has occurred at the multiple dwelling for which such certification is sought during the thirty-six month period prior to the date of the submission of an application for a certification of no harassment if the commissioner finds that:
   
   
   1. (a) the owner of record of the multiple dwelling with respect to which such certification is sought was the owner of record of such multiple dwelling prior to May fifth, nineteen hundred eighty-three or had entered into a contract of sale for the purchase of such multiple dwelling which was recorded prior to such date or, with respect to a certification proceeding where the alterations sought to be performed are of the type prescribed by regulation of the commissioner pursuant to subdivision b of section 27-198 of article nineteen of subchapter one of the building code, the owner of record of such multiple dwelling was the owner of record of such multiple dwelling prior to the date of the first publication of the regulations requiring certification for such type of alterations or had entered into a contract of sale for the purchase of such multiple dwelling which was recorded prior to such date;
      
      (b) such owner was not the owner of such multiple dwelling during any period of time in which such harassment occurred and did not at such multiple dwelling (i) otherwise engage or participate in such harassment; or (ii) with intent that harassment be performed, agree with one or more persons to engage in or cause the performance of harassment; or (iii) with intent that another person engage in conduct constituting harassment, solicit, request, command, importune or otherwise attempt to cause such person to engage in conduct constituting harassment; and
      
      (c) such owner acquired title pursuant to a bona fide transaction that is not intended to evade the provisions of this section; or
      
      
   2. the owner acquired the multiple dwelling by sale pursuant to foreclosure of a mortgage or pursuant to a deed in lieu of foreclosure of a mortgage; provided, however, that such conveyance was a bona fide transaction for the purpose of enforcing the debt and not intended to evade the provisions of this section and either
      
      
      1. a certification of no harassment or waiver thereof was granted with respect to such multiple dwelling within a sixty day period prior to the date of the recording of such mortgage and no suspension or rescission thereof was recorded prior to such date; or
         
         
      2. such mortgage was recorded prior to May fifth, nineteen hundred eighty-three, or, if such owner is a banking organization as defined in section two of the banking law, a national banking association, a federal savings and loan association, the mortgage facilities corporation, savings banks life insurance fund, the savings banks retirement system, an authorized insurer as defined in section four of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least twenty savings banks or by at least twenty savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation, a commitment for such mortgage was made prior to May fifth, nineteen hundred eighty-three.
         
         
   3. In determining whether such transaction was bona fide, the commissioner may consider whether at such multiple dwelling or any other such multiple dwelling such owner did (i) otherwise engage or participate in harassment; or (ii) with intent that harassment be performed, agree with one or more persons to engage in or cause the performance of harassment; or (iii) with intent that another person engage in conduct constituting harassment, solicit, request, command, importune or otherwise attempt to cause such person to engage in conduct constituting harassment. The commissioner may also consider the relationship between the parties to the transaction.
      
      
   4. A waiver of a certification pursuant to this subdivision shall state the findings of the commissioner.
      
      
6. (1) The commissioner may rescind a certification of no harassment or a waiver thereof granted with respect to the alteration or demolition of a multiple dwelling if the commissioner finds that harassment has occurred at the multiple dwelling with respect to which such certification or waiver thereof was issued after the period of time covered by such certification but prior to the commencement of substantial work pursuant to an alteration permit or demolition permit issued on the basis of such certification or waiver thereof.
   
   (2) If the commissioner has reasonable cause to believe that such harassment has occurred, the commissioner shall suspend the certification of no harassment or waiver thereof and upon the request of the commissioner, the commissioner of buildings shall not approve any plans or issue an alteration or demolition permit with respect to the alteration or demolition of such multiple dwelling or, if such plans have been approved and an alteration or demolition permit has been issued with respect to such alteration or demolition, issue a stop-work notice and order pursuant to section 27-227 of article twenty-four of subchapter one of the building code. Notice of such suspension shall be mailed to the owner of record of such multiple dwelling and shall be filed with the city register.
   
   (3) As soon as reasonably possible, but not later than thirty days after such suspension, the commissioner shall hold a hearing in the manner provided in section 27-2092 of this article upon appropriate notice and shall determine whether to rescind such certification; provided, however, that if, prior to the commencement of substantial work, the owner has been found by the office of rent control, the conciliation and appeals board or any court having jurisdiction, to have engaged in harassment, unlawful eviction or arson at the multiple dwelling, the commissioner may rescind such certification without holding a hearing. At such hearing the owner shall have an opportunity to be heard by the commissioner or a designee of the commissioner.
   
   (4) If the commissioner determines not to rescind such certification, the commissioner shall notify the commissioner of buildings of such determination and any stop-work notice and order issued by the commissioner of buildings pursuant to paragraph two of this subdivision shall be vacated immediately. Notice of such determination shall be mailed to the owner of record of such multiple dwelling and filed with the city register.
   
   (5) If the commissioner determines that such certification shall be rescinded, notice of such determination accompanied by written findings indicating the grounds for such determination shall be provided to the commissioner of buildings and shall be mailed to the owner of record of such multiple dwelling and filed with the city register. Such determination shall be subject to review pursuant to article seventy-eight of the civil practice law and rules.
   
   
7. For the purpose of any subsequent certification proceeding with respect to such multiple dwelling pursuant to this section, the granting of a certification of no harassment or a waiver thereof for any period of time shall be conclusive proof only for the purposes of this section that either no harassment occurred within the time period covered by such certification or that the waiver of such certification for such period of time was appropriate.
   
   
8. The commissioner is authorized to establish and collect reasonable fees and charges from applicants for the administrative expenses incurred by the department for the certification proceedings prescribed in this section, including costs for publication and notices.

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Sec. 27-2094 Inspection of one- and two-family dwellings; voluntary registration of owner-occupant

1. Notwithstanding any other provision of this chapter, the department, its officers or inspectors, shall have no authority to inspect a one- or two-family dwelling, at least one dwelling unit of which is owner-occupied, for violations of this code, unless the department has received a signed complaint relating to conditions in such dwelling or has a warrant for such inspection.
   
   
2. The owner of a one- or two-family dwelling who occupies a dwelling unit in such dwelling, may notify the department of such owner-occupancy, without payment of a fee, by filing a form to be prescribed by the department including the following information:
   
   
   1. An identification of the premises by street number or by such other description as will enable the department to locate the dwelling; and
      
      
   2. An identification of the owner by name, residence and business address; and
      
      
   3. A statement that he or she is the owner-occupant of the premises.

Sec. 27-2095 Service of notices and orders

1. Except as otherwise expressly provided in this code, any notice of violation or other notice, or any order authorized or required to be served by the department under the provisions of this code, shall be served in the following manner on any person or corporation to whom or which such notice or order is directed:
   
   
   1. By delivering a copy of such notice or order to such person directly, or if it is directed to a corporation, by delivering a copy thereof to any officer or managing agent of such corporation personally; or
      
      
   2. By delivering a copy of such notice or order to any person of suitable age and discretion at the residence or place of business of the person to whom it is directed, or if it is directed to a corporation, at any office of such corporation; or
      
      
   3. (i) If service is to be made on an owner of a dwelling, by mailing a copy of such notice or order to the latest business or residence address of such owner as set forth in any registration statement filed by such owner with the department under the applicable provisions of article two of this subchapter;
      
      (ii) If service is to be made on a managing agent of any such dwelling designated under the applicable provisions of article two of this subchapter, by mailing a copy thereof to the latest business or residence address of such managing agent set forth in any such registration statement or designation filed by the owner of such dwelling;
      
      (iii) If service is to be made on an owner of a dwelling who has not filed such a registration statement in relation to such dwelling, or on a managing agent of any such dwelling who has not been designated under the applicable provisions of article two of this subchapter, by posting a copy of such notice or order in a conspicuous place in such dwelling, or by delivering a copy thereof to any person of suitable age and discretion in charge of or apparently in charge of such dwelling, or by mailing a copy thereof to such owner or managing agent at the last known business or residence addresss of such owner or managing agent.
      
      
2. Any such notice directed to an owner of a dwelling or tenant of any space therein need not designate such owner or tenant by name, but shall refer to such dwelling or space by a description which shall be sufficient to identify same and shall state that it is directed to the owner of such dwelling or tenant of such space, as the case may be.
   
   
3. Where a designation of a managing agent under the applicable provisions of article two of this subchapter is currently in effect as to any multiple dwelling, any notice mentioned in subdivision a of this section which is directed to the owner of such multiple dwelling shall also be directed to such managing agent, and shall be served by the department on both such owner and managing agent.
   
   
4. If a mortgagee or lienor has registered with the department pursuant to the provisions of section 27-2109 of article two of this subchapter, any notice of violation or other notice, or any order authorized or required to be served by the department under the provisions of this code on the owner of a dwelling may also be mailed to such mortgagee or lienor no later than five days after the date upon which such notice or order is served upon the owner, but the department's failure to mail such notice or order to such mortgagee or lienor shall not in any way affect the validity of service of such notice or order upon the owner.

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Sec. 27-2096 False statements punishable

1. Any application filed with the department for the granting of any relief or the taking of any action by the commissioner or the department or for the granting of any permit under the provisions of this code and any answer to such application filed with the department, shall be signed by the person authorized or required to submit such application or answer under the provisions of this chapter, or if such application or answer is authorized or required to be submitted by a corporation, by an officer thereof.
   
   
2. Any person who signs any such application or answer, or any registration statement or designation of a managing agent authorized or required under the provisions of this code shall certify that all statements therein contained are true and correct.
   
   
3. Any person signing any such application, answer, registration statement, or designation of a managing agent, who makes any false statement therein as to any material matter to which the certification provided for in subdivision b of this section applies, shall be guilty of an offense punishable as provided in section 27-2118 of subchapter five of this code.

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