Int. No. 383-A

By Council Members Brewer, Louis, Menin, Restler, Hanif, Krishnan, Avilés and Gennaro

A Local Law to amend the administrative code of the city of New York, in relation to the registration requirements and the datasets for ground floor or second floor commercial premises

Be it enacted by the Council as follows:

Section 1. Chapter 30 of title 11 of the administrative code of the city of New York is renumbered as chapter 31 of title 11 of such code, section 11-3001 of such code is renumbered as section 11-3101 of such code, and the heading of chapter 30 of title 11 of such code, as added by local law number 157 for the year 2019, is amended to read as follows:

CHAPTER [30] 31

GROUND FLOOR AND SECOND FLOOR COMMERCIAL PREMISES REGISTRY

§ 2. Subdivision a of section 11-3101 of the administrative code of the city of New York, section 11-3101 as renumbered by section one of this local law, subdivision a as added by local law number 157 for the year 2019, is amended by adding new definitions of “following calendar year” and “vacancy information” in alphabetical order to read as follows:

Following calendar year. The term “following calendar year” means the calendar year that follows the calendar year in which the registration statement prescribed by this chapter is required.

Vacancy information. The term “vacancy information” means: (i) a statement that the premises was vacant on either June 30 or December 31 of the current calendar year; and, (ii) the expiration date of the most recent lease for such premises, if any, whose start date preceded the reported vacancy date.

§ 3. The introductory paragraph of subdivision b of section 11-3101 of the administrative code of the city of New York, section 11-3101 as renumbered by section one of this local law and subdivision b as added by local law number 157 for the year 2019, is amended to read as follows:

b. Owner’s obligation to register. No later than one year after the effective date of the local law adding this section, and in each year thereafter [according to a schedule that shall be established by rule of the department of finance], every owner of a ground floor or second floor commercial premises, other than a ground floor or second floor commercial premises in real property classified as class one pursuant to section 1802 of the real property tax law, shall submit, in an electronic manner, to the department of finance a registration statement. Such registration statement shall include the following information:

§ 4. The introductory paragraph of subdivision c of section 11-3101 of the administrative code of the city of New York, section 11-3101 as renumbered by section one of this local law and subdivision c as added by local law number 157 for the year 2019, is amended to read as follows:

c. Class one property owner's obligation to register. No later than one year after the effective date of the local law adding this section, and in each year thereafter [according to a schedule that shall be established by rule of the department of finance], every owner of a ground floor or second floor commercial premises in a designated class one property that has not been leased to a tenant for any time period during the twelve months preceding the January 1st of the current calendar year, shall submit, in an electronic manner, to the department of finance a registration statement. Such registration statement shall include the following information:

§ 5. Subdivisions d and f of section 11-3101 of the administrative code of the city of New York, section 11-3101 as renumbered by section one of this local law, subdivision d as added by local law number 157 for the year 2019, and subdivision f as amended by local law number 80 for the year 2021, are amended to read as follows:

d. Supplemental registration. Every owner of a ground floor or second floor commercial premises who is required to file a registration statement pursuant to subdivision b of this section shall also submit a supplemental registration statement if [the premises becomes vacant at any time during the period from January 1 through June 30 of the current calendar year or the ownership of the premises has changed during that period] such premises was vacant as of June 30 or December 31 of the current calendar year. The supplemental registration statement required to report a vacancy as of June 30 shall be due on or before August 15 of the current calendar year, and the supplemental registration statement required to report a vacancy as of December 31 shall be due on or before February 15 of the following calendar year. Such supplemental registration statement shall contain vacancy information and be filed [on forms and according to a schedule] in an electronic form and manner prescribed by the department of finance.

f. The department of finance shall require the registration statements [and supplemental registration] required to be filed pursuant to subdivisions b[,] and c [and d] of this section to be filed with the real property income and expense statement required to be submitted to such department pursuant to section 11-208.1. An owner who is not required to file a real property income and expense statement shall file the registration statement required pursuant to subdivision b or c of this section no later than the date a real property income and expense statement is required to be submitted to such department pursuant to section 11-208.1.

§ 6. Paragraph 1 of subdivision h of section 11-3101 of the administrative code of the city of New York, section 11-3101 as renumbered by section one of this local law and paragraph 1 as added by local law number 157 for the year 2019, is amended to read as follows:

1. Establish [a] public online searchable [dataset]datasets. (a) [Such dataset] One of such datasets shall be based upon registrations, including supplemental registration statements, filed during the previous year, and shall include [a list of street addresses, including block and lot number, and zip code,] for each ground floor and second floor commercial premises [indicating whether or not such commercial premises was reported as being vacant as of December 31 of the previous calendar year, or as of June 30 of the current calendar year if a supplemental registration statement has been filed for such premises.]:

(1) The street address, block and lot number, and zip code;

(2) Whether such commercial premises was reported as being vacant as of the preceding June 30 or December 31, whichever is most recent; and

(3) The expiration date of the lease, as reported in the supplemental registration statement, to the extent applicable; and

(b) Notwithstanding the opening paragraph of this subdivision, the department shall also establish, in a manner determined by such department, a dataset based upon the vacancy information contained in the supplemental registration statements required by subdivision d of this section and update such dataset within 60 days of each August 15 and February 15.

§ 7. This local law takes effect immediately, except that sections five and six of this local law take effect on April 1, 2023.

NAB/RMC

LS #6897

9/21/22 3:15PM