ARTICLE
9
Withdrawal of Single Room Occupancy
Dwelling Units from The Rental Market Prohibited
Section 27-2150 Definitions 27-2151 Withdrawal of Single Room Occupancy Dwelling
Units from the Rental Market Prohibited 27-2152 Enforcement
Sec. 27-2150 Definitions
For
the purposes of this article the terms single room occupancy multiple dwelling
and single room occupancy dwelling unit shall be as defined in subdivision
b of section 27–198.2 of the code.
Sec. 27-2151 Withdrawal
of Single Room Occupancy Dwelling Units from the Rental Market Prohibited
On and after June first, nineteen hundred eighty-seven, an owner of a single
room occupancy multiple dwelling which is subject to the provisions of this
section shall have a duty (1) to make habitable and maintain in a habitable
condition all single room occupancy dwelling units and (2) to rent such habitable
single room occupancy dwelling units to bona fide tenants. The duty to rent
shall be satisfied by the owner if the owner has in fact rented all such
units to bona fide tenants or has, in good faith, made a continuing public
offer to rent such units at rents no greater than the rent authorized by
law.
The provisions of this section shall apply to all single room occupancy
multiple dwellings which are subject to the provisions of subdivisions a
and c of section 27–198.2 of the code during the time such subdivisions
a and c are in full force and effect except:
any single room occupancy multiple dwelling which is exempted or
for which an application for exemption from the provisions of subdivisions
a and c of section 27–198.2 of the code has been filed pursuant to paragraphs one, two, or
three of subdivision d of section 27–198.2; provided, however,
that the provisions of this section shall apply to a single room occupancy
multiple dwelling on and after the sixtieth day after the date that an
application for exemption pursuant to such paragraphs of such subdivision
is denied.
any single room occupancy dwelling unit with respect to which a payment
has been made or a replacement unit has been provided pursuant to subparagraph
a of paragraph four of subdivision d of section 27–198.2 of this
code.
any single room occupancy multiple dwelling for which an application
for reduction in payment or replacement units has been made pursuant
to subparagraph (b) of paragraph four of subdivision d of section 27–198.2
has been made; provided, however, that an owner shall be required to
maintain the same level of occupancy in such multiple dwelling which
existed on September twelfth, nineteen hundred eighty-six and provided,
further, that the provisions of this section shall apply to such dwelling
on and after the sixtieth day after such application is denied.
If the commissioner has reasonable cause to believe that an owner has violated
the provisions of subdivision a of section 27–2151, the commissioner
shall serve a notice of violation and an order to correct such violation on
the owner pursuant to sections 27–2091 and 27–2095 of this code.
The order shall require the owner to comply with subdivision a of section 27–2151
in the manner specified in such order within ten days. A copy of the order
shall be filed with the city register and any subsequent purchaser of the
property shall be subject to such order.
An owner may apply within the ten day period following service of the
notice and order:
for the revocation of the notice of violation and order on the ground
that the condition alleged to constitute the violation did not exist
at the time the violation was placed. The department may grant such revocation
upon the presentation of proof satisfactory to the department; or
for an extension of the time for correction. The department may,
upon good cause shown, including consideration of the complexity of repairs
which may be necessary to make the dwelling unit habitable, grant such
extension for such period of time that it deems appropriate.
The owner shall certify correction of the violation in accordance
with subdivision f of section 27–2115 no later than five days after
the date set for corrections. Such certification shall be supported by
a sworn statement by the owner that the units which are the subject of
notice of violation have been rented to bona fide tenants or that the
owner has, in good faith, made a continuing public offer to rent such
units at rents no greater than the rents authorized by law. The department
may require such additional proof as it deems necessary, including but
not limited to the specific units offered for rent and the rents asked
therefor.
For the purposes of this section there shall be a rebuttable presumption
that an owner has violated the provisions of subdivision a of section
27–2151
if a single room occupancy dwelling unit is not occupied by a bona fide
tenant for a period of thirty days or longer.
1. An owner who violates the provisions of subdivision a of section
27–2151
shall be subject to a civil penalty of five hundred dollars for each
single room occupancy dwelling unit cited in the notice and order issued
pursuant to subdivision a of this section. In addition, an owner who
fails to comply with the order within the time specified in the order
or within such further period of time authorized by the department pursuant
to subdivision b of this section shall be subject to a civil penalty
of two hundred fifty dollars per day for each dwelling unit to be calculated
from a date ten days after service of the order to the date of compliance
therewith.
2. In addition to the civil penalties provided in paragraph one of this
subdivision any owner who willfully makes a false certification that
a violation has been corrected shall be subject to a civil penalty of
not less than two hundred fifty dollars nor more than one thousand dollars
for each dwelling unit or units which are the subject of the notice of
violation. Such owner shall also be guilty of a misdemeanor punishable
by a fine of not less than two hundred fifty dollars nor more than one
thousand dollars, or by imprisonment up to six months, or by both such
fine and imprisonment.
3. Such civil penalties may be recovered by the city in an action in
any court of competent jurisdiction. A judgment obtained in such an action
shall constitute a lien against the premises with respect to which the
violation occurred from the time of the filing of a notice of pendency
in the office of the clerk of the county in which such premises is situated.
A notice of pendency may be filed at the time of the commencement of
the action or at any time before final judgment or order.
All civil penalties recovered pursuant to subdivision e of this section
shall be paid to the single room occupancy housing development fund company
established pursuant to subdivision i of section 27–198.2 of the
administrative code.
1. The city may institute an action in a court of competent jurisdiction
for an order requiring the owner to comply with the order to correct
or for such other relief as may be appropriate.
2. The city may make application for the appointment of a receiver in
accordance with the procedures contained in article six of this subchapter.
Any receiver appointed pursuant to this paragraph shall be authorized,
in addition to any other powers conferred by law, to effect compliance
with the provisions of this article. Any expenditures incurred by the
receiver to effect such compliance shall constitute a debt of the owner
and a lien upon the building and lot, and upon the rents and income thereof,
in accordance with the procedures contained in such article six. The
city in its discretion may provide funds to be expended by the receiver,
and such funds shall constitute a debt recoverable from the owner in
accordance with article eight of this subchapter.
In the event of any inconsistency between the provisions of this article
and other provisions of this code the provisions of this article shall
control.
