Int. No. 824-A

By Council Members Dilan, Fidler, Nelson, White Jr. and Jackson (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to filing of registration statements by owners of dwellings.

Be it enacted by the Council as follows:

Section 1. Paragraph 3 of subdivision b of section 27-2097 of the administrative code of the city of New York is amended to read as follows:

(3)  [On or before July first, nineteen hundred seventy, for] For all one- and two-family dwellings [whose owner does not reside within the city]  where neither the owner nor any family member occupies the dwelling and thereafter not later than ten days after the [owner of a one- or two-family dwelling removes his or her residence from the city] 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.

§2. Paragraphs 4 and 5 of subdivision a of section 27-2098 of the administrative code of the city of New York, paragraph (4) as amended by local law number 76 for the year 1993, is amended to read as follows:

(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 [does not reside within the city] 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.

§3.  Section 27-2099 of the administrative code of the city of New York is amended by adding a new subdivision d to read as follows:

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.

§4.  This local law shall take effect one hundred and eighty days after enactment, except that the commissioner of housing preservation and development shall promulgate any rules and take any other action necessary for its implementation prior to such effective date.