================================================================ THE CITY OF NEW YORK TITLE D* HOUSING MAINTENANCE CODE * Added by L. L. 1967, No. 56, July 14. Subsequent amendments indicated in text. Department of Housing Preservation and Development Office of Rent and Housing Maintenance ================================================================ Title D Housing Maintenance Code SUBTITLE I: GENERAL PROVISIONS Article 1: General Provisions SUBTITLE II: MAINTENANCE, SERVICES, AND UTILITIES Article 10: Obligations of Owner and Tenant; Duty to Repair Article 11: Cleaning Article 12: Painting Article 13: Extermination and Rodent Eradication Article 14: Collection of Wastes Article 15: Water Supply Article 16: Sewers and Drainage Article 17: Heat and Hot Water Article 18: Gas Appliances Article 19: Artificial Lighting Article 20: Protective Devices and Fire Protection Article 21: Miscellaneous Services and Facilities Article 22: Janitorial Services SUBTITLE III: PHYSICAL AND OCCUPANCY STANDARDS FOR DWELLING UNITS Article 30: Lighting and Ventilation Article 31: Sanitary Facilities Article 32: Kitchens and Kitchenettes Article 33: Minimum Room Sizes and Occupancy Regulations Article 34: Occupancy of Cellars and Basements Article 35: Vacant Multiple Dwellings SUBTITLE IV: ADMINISTRATION Article 40: Powers and Functions of the Department Article 41: Registration SUBTITLE V: LEGAL REMEDIES AND ENFORCEMENT Article 50: Enforcement Actions and Proceedings in General Article 51: Civil Penalty Article 52: Criminal Penalty Article 53: Injunctive Relief Article 54: Repairs by Department Article 55: Receivership Article 56: Vacate Orders Article 57: Recovery of Expenses ================================================================ SUBTITLE I: GENERAL PROVISIONS ARTICLE 1: General Provisions Section D26-1.01 Short Title D26-1.03 Legislative Declaration D26-1.05 Applicability D26-1.07 Definitions D26-1.09 Severability ---------------------------------------------------------------- Sec. D26-1.01 Short title This title shall be known and may be cited as the "housing maintenance code." Sec. D26-1.03 Legislative declaration It is hereby found that the enforcement of minimum standards of health and safety, fire protection. light and ventilation, cleanliness, repair and maintenance, and occupancy in dwellings is necessary to protect the people of the city against the consequences of urban blight. The sound enforcement of minimum housing standards is essential: 1. to preserve decent housing; 2. to prevent adequate or salvageable housing from deteriorating to the point where it can no longer be reclaimed; and 3. to bring about the basic decencies and minimal standards of healthful living in already deteriorated dwellings, which, although no longer salvageable, must serve as habitations until they can be replaced. In order to accomplish these purposes, and following a review of existing housing standards in the light of present needs, and a reexamination of methods of administration, including legal sanctions and remedies, to assure the effectiveness of enforcement, it is hereby found that the enactment of a comprehensive code of standards for decent housing maintenance, imposing duties and responsibilities for the preservation of the dwellings in the city upon owners and tenants, as well as on the municipality itself, enforceable by a broad range of legal, equitable and administrative powers, is appropriate for the protection of the health, safety and welfare of the people of the city. Sec. D26-1.05 Applicability The provisions of this title, except as otherwise provided, apply to all dwellings. Sec. D26-1.07 Definitions a. The following terms, as used in this title, shall have the following meanings: 1. The term department shall mean the department, bureau, division or other agency charged with the enforcement of this title. 2. Wherever the word or words occupied, is occupied, used, or is used appear such word or words shall be construed as if followed by the words or is intended, arranged or designed to be used or occupied." 3. A dwelling is any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings. 4. A family is (i) a single person, or (ii) two or more persons related by blood or marriage, occupying a dwelling unit and maintaining a common household with not more than two boarders, roomers or lodgers;* or (iii) not more than three unrelated persons occupying a dwelling unit and maintaining a common household. A boarder, roomer or lodger is a person who pays a consideration for living within the household and does not occupy such space as an incident of employment. Foster children lawfully living with the family in accordance with the provisions of the social welfare law are considered to be members of the family. A common household is deemed to exist if every member of the family has access to all parts of the dwelling unit. 5. Person, for the purposes of article 33, means any adult or child over the age of four years. The term persons as used in subtitle IV and subtitle V of this code shall include the owner, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a dwelling or part thereof. Whenever a multiple dwelling shall have been declared a public nuisance to any extent pursuant to section D26-50.11 and such declaration shall have been filed as therein provided, the term persons shall he deemed to include in addition to those mentioned hereinabove, all the officers, directors and persons having an interest in more than 10 per cent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such person be a corporation other than 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 Bank 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 (Amended by L. L. 1969, No. 18, May 12.) 6. A private dwelling is any building or structure designed and occupied for residential purposes by not more than two families. Private dwellings shall also be deemed to include a series of one-family or two-family dwelling units each or which faces or is accessible to a legal street or public thoroughfare, if each such dwelling unit is equipped as a separate dwelling unit with all essential services, and if each such unit is arranged so that it may be approved as a legal one- family or two-family dwelling. 7. A multiple dwelling is a dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied, as the residence or home of three or more families living independently of each other. A multiple dwelling shall also include residential quarters for members or personnel of any hospital staff which are not located in any building used primarily for hospital use. but any building which was erected, altered or converted prior to July 1, 1955, to be occupied by such members or personnel or is so occupied on such date shall not be subject to the requirements of this code only so long as it continues to be so occupied if there are local laws applicable to such building and such building is in compliance with such local laws. A multiple dwelling does not include (i) a hospital, convent, monastery, asylum or public institution;* or (ii) a fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. For the purposes of this chapter, multiple dwellings are divided into two classes: "Class A" and "Class B." 8. (a) A Class A multiple dwelling is a multiple dwelling which is occupied, as a rule, for permanent residence purposes. This class shall include tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects, and all other multiple dwellings except Class B multiple dwellings. (b) A garden-type maisonette dwelling project is a series of attached, detached or semi-detached dwelling units which are provided as a group collectively with all essential services such as, but not limited to. water supply and house sewers, and which units are located on a site or plot not less than twenty thousand square feet in area under common ownership and erected under plans filed with the department on or after April 18, 1954, and which units together and in their aggregate are arranged or designed to provide three or more apartments. 9. A Class B multiple dwelling is a multiple dwelling which is occupied, as a rule, transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class includes hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, and college and school dormitories. 10. A converted dwelling is a dwelling (i) erected before April eighteenth, nineteen hundred twenty-nine, to be occupied by one or two families living independently of each other and subsequently occupied as a multiple dwelling or (ii) a dwelling three stories or less in height erected after April eighteenth, nineteen hundred twenty-nine, to be occupied by one or two families living independently of each other and subsequently occupied by not more than three families in all, with a maximum occupancy of two families on each floor in a two story building and one family on each floor in a three story building. A converted dwelling occupied as a Class A multiple dwelling is a Class A converted dwelling; every other converted dwelling is a Class B converted dwelling. (Amended by L. L. 1971, No. 20, May 27.) 11. A tenement is any building or structure or any portion thereof; erected before April 18, 1929, which is occupied, wholly or in part, as the residence of three families or more living independently of each other and doing their cooking upon the premises and includes apartment houses, flat houses and all other houses so erected and occupied, except that unit; tenement shall not he deemed to include any converted dwelling. An old law tenement is a tenement existing before April 12, 1901, and recorded as such in the tenement house department before April 18, 1929, except that it shall not be deemed to include any converted dwelling. 12. A hotel is an inn having thirty or more sleeping rooms. 13. Dwelling unit shall mean any residential accommodation in a multiple dwelling or private dwelling. 14. Apartment shall mean one or more living rooms, arranged to be occupied as a unit separate from all other rooms within a dwelling, with lawful sanitary facilities and a lawful kitchen or kitchenette for the exclusive use of the family residing in such unit. 15. Rooming unit shall mean one or more living rooms arranged to be occupied as a unit separate from all other living rooms, and which does not have both lawful sanitary facilities and lawful cooking facilities for the exclusive use of the family residing in such unit. It may be located either within an apartment or within any Class A or Class B multiple dwelling. A rooming unit shall not include a living room in a Class B hotel or any other dwelling complying with section 67 of the multiple dwelling law and so classified and recorded in the department. 16. Rooming house shall mean a Class B converted dwelling with more than half of the rooms in rooming units. 17. Single room occupancy is the occupancy by one or two persons of a single room, or of two or more rooms which are joined together, separated from all other rooms within an apartment in a multiple dwelling, so that the occupant or occupants thereof reside separately and independently of the other occupant or occupants of the same apartment. When a Class A multiple dwelling is used wholly or in pan for single room occupancy, it remains a Class A multiple dwelling. 18. A lodging house is a multiple dwelling, other than a hotel, a rooming house or a furnished room house, in which persons are housed for hire for a single night, or for less than a week at one time, or any part of which is let for any person to sleep in for any term less than a week. 19. Public hall shall mean a hall, corridor or passageway within a building hut outside of all apartments and suites of private rooms. 20. Public part of a dwelling includes a public hall and any space used in common by the occupants of two or more apartments or rooms, or by persons who are not tenants, or exclusively for mechanical equipment of such dwelling or for storage purposes. 21. Living room shall mean any room within a dwelling unit except a dining space, kitchenette, bathroom or water closet compartment, foyer or private hall, corridor or passageway. 22. The floor area is the clear area of the floor contained within the partitions or walls enclosing any room, space, foyer, hall or passageway of any dwelling. 23. Dining space shall mean a space with 55 square feet or less of floor area, which has such permanent fittings as the department requires, located off a living room, foyer or kitchen. A dining space includes a dining hay, dining recess or dinette. 24. Foyer shall mean a space within a dwelling unit in a multiple dwelling used as an entrance hall from the public hall, which is not a living room when its floor area does not exceed either: (a) 10 per cent of the total floor area of the dwelling unit: or ( b) 20 per cent of such floor area, if every living room is at least 20 per cent larger than the required minimum room size. 25. Kitchen shall mean a living room used for cooking with 59 square feet or more of floor area. 26. Kitchenette shall mean a space used for cooking with less than 59 square feet of floor area. 27. Dormitory shall mean a space occupied for sleeping purposes by three or more persons who are not members of a family maintaining a common household in: a. a lodging house, except for an apartment occupied solely by an owner, janitor or superintendent; or b. a college or school dormitory legally recorded and classified in the department prior to May 15, 1954, or converted to such use prior to April 30, 1956; or c. a multiple dwelling owned and operated by a religious, charitable or educational organization for the purposes enumerated in section D26-33.07; or d. a dwelling owned, operated or used by a public welfare department for the purposes enumerated in section D26-33.07. 28. Premises shall mean land and improvements or appurtenances or any part thereof. 29. Structure shall mean a building or construction of any kind. 30. Alteration, as applied to a building or structure, shall mean any change or rearrangement in the structural parts or in the existing facilities of any such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location or position to another. 31. A multiple dwelling is fireproof if the walls and structural members thereof meet the fire-resistive standards set forth in subdivision 25 of section four of the multiple dwelling law. Any other multiple dwelling is non-fireproof. A part of a dwelling is fireproof if it meets the standard set forth in the multiple dwelling law for the corresponding part of a fireproof dwelling. 32. Fire-retarded shall mean either covered with metal lath plastered with two or more coats of mortar or otherwise protected against fire in a manner approved by the department with materials of standard fire-resistive ratings of at least one hour. Fire-proofing shall always be accepted as meeting any requirement for fire- retarding. 33. A rear yard is an open space on the same lot with a dwelling between the extreme rear line of the lot and the extreme rear wall of the dwelling. A side yard is a continuous open space on the same lot with a dwelling between the wall of a dwelling and a line of the lot from the street to a rear yard or rear line of a lot. 34 A court is an open space other than a side or rear yard, on the same lot as a dwelling. A court not extending to the street or rear yard is an inner court. A court extending to the street or rear yard is an outer court 35. A story is a space between the level of one finished floor and the level of the next higher finished floor, or, if the top story, the space between the level of the highest finished floor and the top of the highest roof beams, or, if the first story, the space between the level of the finished floor and the finished ceiling immediately above. For the purpose of measuring height by stories in multiple dwellings erected after April 18, 1929, one additional story shall be added for each twelve feet or fraction thereof that the first story exceeds fifteen feet in height, and for each twelve feet or fraction thereof that any story above the first story exceeds twelve feet in height. 36. Except as otherwise provided, the curb level, for the purpose of measuring the height of any portion of a building, is the level of the curb at the center of the front of the building; except that where a building faces on more than one street, the curb level is the average of the levels of the curbs at the center of each front. Where no curb elevation has been established the mean level of the land immediately adjacent to the building prior to any excavation or fill shall be considered the curb level, unless the city engineer shall establish such curb level or its equivalent. 37. A cellar in a dwelling is an enclosed space having more than one-half of its height below the curb level. A cellar shall not be counted as a story. 38. A basement is a story partly below the curb level but having at least one-half of its height above the curb level. A basement shall be counted as a story. 39. A shaft is an enclosed space extending through one or more stories of a building connecting a series of openings therein, or any story or stories and the roof, and includes exterior and interior shafts whether for air, light, elevator, dumbwaiter or any other purpose. 40. A stair is a flight or flights of steps together with any landings and parts of public halls through which it is necessary to pass in going from one level thereof to another. 41. A fire-stair is a fireproof stair, enclosed in fireproof walls, within the body of the building which it serves, to which access may be had only through self- closing fire-proof doors. 42. A fire-tower is a fireproof stair, enclosed in fireproof walls, without access to the building from which it affords egress other than by a fireproof self- closing door opening on a communicating balcony or other outside platform at each floor level. 43. A fire-escape is a combination of outside balconies and stairs providing an unobstructed means of egress from rooms or spaces in a building. 44. Window dimensions shall always be taken between stop- beads or, if there are no stop-beads, between the sides, head and sill of the sash opening. 45. The term owner shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling. Whenever a multiple dwelling shall have been declared a public nuisance to any extent pursuant to section D26-50.11 of this title and such declaration shall have been filed as therein provided, the term "owner" shall be deemed to include, in addition to those mentioned hereinabove, all the officers, directors and persons having an interest in more than ten per cent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such owner be a corporation other than 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 or 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. (Amended by L. L. 1969, No. 18. May 12.) 46. Summer resort dwelling shall mean a dwelling located in a summer resort community, which is occupied in whole or in part for living purposes only for a seasonal period of the year between June 1 and September 30, other than by the family of the owner or the family of a caretaker. b. Except as otherwise provided herein, all terms used in this title shall be construed in a manner consistent with their use in the multiple dwelling law. Sec. D26-1.09 Severability If any portion of this code, or its application to any person or set of circumstances, is adjudged to be invalid, such determination shall not affect the validity of any other portion of this code, or the application of any portion of this code to any other person or set of circumstances. ================================================================ SUBTITLE II: MAINTENANCE, SERVICES, AND UTILITIES ARTICLE 10: Obligations of Owner and Tenant; Duty to Repair Section D26-10.01 Duties of Owner D26-10.03 Duties of Tenant D26-10.05 Certain Specific Duties of Tenants and Others D26-10.07 Owner's Right of Access D26-10.09 Tenant Violations as Grounds for Eviction ---------------------------------------------------------------- Sec. D26-10.01 Duties of owner a. The owner of a multiple dwelling shall keep the premises in good repair. b. The owner of a multiple dwelling, in addition to the duty imposed upon him by subsection ( a ) of this section, shall be responsible for compliance with the requirements of this code, except insofar as responsibility for compliance is imposed upon the tenant alone. c. The owner of a one- or two-family dwelling shall keep the premises in good repair, and shall be responsible for compliance with the provisions of this code, except to the extent otherwise agreed between him and any tenant of such dwelling by lease or other contract in writing, or except insofar as responsibility for compliance with this code is imposed upon the tenant alone. Sec. D26-10.03 Duties of tenant a. A tenant shall, in addition to complying with all provisions of this code and the multiple dwelling law applicable to him, be responsible for violations of this code to the extent that he has the power to prevent the occurrence of a violation. A tenant has the power to prevent the occurrence of a violation if: (1) it is caused by his own willful act or that of a member of his family or household, or a guest; or (2) it is the result of his gross negligence, neglect or abuse, or the gross negligence, neglect or abuse of a member of his family, or household or a guest. b. The tenant, any member of his family or household, or his guest shall, with respect to the public parts of the premises, be liable if a violation is caused by his own willful act, gross negligence, neglect or abuse. c. The fact that a tenant is or may be liable for a violation of this code or any other law or is found liable for civil or criminal penalties does not relieve the owner of his obligation to keep the premises, and every part thereof, in good repair. Sec. D26-10.05 Certain specific duties of tenants and others In addition to other duties imposed upon him by this code, no tenant, or any other person, shall: a. remove or render inoperative any self-closing device on any door which is required by any provision of law to be self- closing, or cause or permit such door to be held open by any device; b. use, or cause or permit to be installed, a louvred door or screen door in addition to or in place of any required self- closing door to a public hall; c. place any encumbrance before or upon, or cause access to be obstructed to, any fire escape, or obstruct by a baby carriage or any encumbrance the public halls or any required means of egress; d. take down, alter, destroy, or in any way deface any sign required by this code to be displayed. Sec. D26-10.07 Owner's right of access No tenant shall refuse to permit the owner, or his agent or employee, to enter his dwelling unit or other space under his control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. The department may by regulation restrict the time and manner of such inspections. Sec. D26-10.09 Tenant violations as grounds for eviction Any conviction of a tenant for violation of this code which: (1) results from willful or grossly negligent conduct and causes substantial damage to the dwelling units; or (2) results from repeated or continued conduct which causes damage to the dwelling unit or substantially interferes with the comfort or safety of another person; or (3) consists of an unreasonable refusal to afford access to the dwelling unit to the owner or his agent or employee for the purpose of making repairs or improvements required by this code, shall constitute grounds for summary proceedings by the owner to recover possession of such dwelling unit from the tenant. ---------------------------------------------------------------- ARTICLE 11: Cleaning Section D26-11.01 Cleaning of Roofs, Yards, Courts and Other Open Spaces D26-11.03 Cleaning of Interior Shared Space D26-11.05 Cleaning of Interior of Dwelling Units ---------------------------------------------------------------- Sec. D26-11.01 Cleaning of roofs, yards, courts and other open spaces The owner of a dwelling containing two or more dwelling units, and the occupant of a single family dwelling shall keep the roof, yard, courts and other open spaces clean and free from dirt, filth, garbage or other offensive material. Sec. D26-11.03 Cleaning of interior shared space The owner of a dwelling shall maintain the public parts in a clean and sanitary condition. Sec. D26-11.05 Cleaning of interior of dwelling units a. The occupant of a dwelling shall maintain the dwelling unit which he occupies and controls in a clean and sanitary condition except as provided in subdivision (b) b. The owner of all rooming units in a rooming house or an entire multiple dwelling used for single room occupancy, or the person in control of an apartment containing rooming units, shall clean any such unit before any change in occupancy and at least once a week during the period of occupancy and shall at all times maintain the same in a clean and sanitary condition. ---------------------------------------------------------------- ARTICLE 12: Painting Section D26-12.01 Painting Or Public Parts and Within Dwellings D26-12.03 Window Frames and Fire Escapes D26-12.05 Courts and Shafts D26-12.07 Departmental Regulations Concerning Paint and Wall Covering and Quality and Frequency of Repainting or Re-covering ---------------------------------------------------------------- Sec. D26-12 01 Painting of public parts and within dwellings a. In the public parts of a multiple dwelling, and in a tenant- occupied dwelling unit in a one-or two-family dwelling, the owner shall: (1) paint or cover the walls and ceilings with wallpaper or other acceptable wall covering; and (2) repaint or re-cover the walls and ceilings with wallpaper or other acceptable wall covering whenever necessary in the judgment of the department to keep such surfaces sanitary. b. In occupied dwelling units in a multiple dwelling, the owner shall (1) paint or cover the walls and ceilings with wallpaper or other acceptable wall covering; and (2) repaint or re-cover the walls and ceilings with wallpaper or other acceptable wall covering every three years, and more often when required by contract or other provisions of law. c. The department may require a tenant of a dwelling unit in a multiple dwelling to repaint or recover the interior walls and ceilings of his dwelling unit with wallpaper or other acceptable wall covering if such walls and ceilings become unsanitary at any time within three years from the date of the last refinishing by the owner. However, if the tenant can show, to the satisfaction of the department, that the walls and ceilings have become unsanitary through no act or neglect of his own or of his family or guests, the department may require the owner to repaint or re-cover the same. This subsection does not relieve the owner from his duties under subsection (b)(2) of this section. d. The owner and tenant of any dwelling unit in a multiple dwelling may, by voluntary agreement, provide that the owner need not repaint in such unit as required by subsection (b) (2) of this section for such additional period, not to exceed two years, as may be agreed upon. Such an agreement to extend the time for repainting shall not be valid unless it has been entered into not earlier than one month prior to the expiration of the three-year period, and shall not form part of any agreement of lease. The department may prescribe the form of such agreements, require them to be filed, and may make such other regulations as may be necessary to avoid abuse, and to further the purposes of this article. Notwithstanding any agreement, the department may, during the period for which repainting is deferred by agreement, order repainting by the owner in any dwelling unit when deemed necessary to keep the walls and ceilings of such unit sanitary. This subsection shall not affect the applicability of subsection (c) of this section during the three years after any repainting or re-covering. e. Neither the owner nor a tenant of a dwelling unit shall place wallpaper or wall covering upon a wall or ceiling in the public or tenant-occupied parts of a dwelling unless existing wallpaper or wall covering is first removed and such wall or ceiling is cleaned and repaired. However, if wallpaper or wall covering is in good condition, free from vermin and a coat of acceptable paint or sizing is applied, one additional layer of wallpaper or wall covering may be applied. f. Nothing contained in this section shall be deemed to require the owner of a dwelling to cover with wallpaper or other acceptable covering any wall or ceiling not previously so covered by him. When a wall or ceiling of a dwelling unit has been decorated with paper, wood paneling, or other material over which paint normally is not applied, the owner shall be relieved of his obligation to repaint or recover such wall or ceiling so long as the same remains in a sanitary condition, in the judgment of the department. When the department requires redecoration of such wall or ceiling, the tenant shall remove any paper, wall covering, wood paneling or other material which he himself has applied before the owner is required to clean and repair and repaint or re-cover. However, if the owner or a former tenant has applied paper, wall covering, wood paneling or other material, the owner shall be responsible for its removal before redecoration. g. The owner of a multiple dwelling shall keep and maintain records relating to the refinishing of public parts and dwelling units showing when such parts were last painted or papered or covered with acceptable material and who performed the work. Such records shall be open to inspection by the department, and shall be submitted to the department upon request. Sec. D26-12.03 Window frames and fire escapes a. At least once every five years, the owner of a dwelling shall paint all exterior window frames and sashes with one coat of an exterior paint. The department may require a more frequent repainting of any window frame or sash, as it deems necessary. This subsection shall not apply to window frames and sashes of approved atmospheric corrosion resistant metal. b. The owner of a dwelling shall paint every fire escape with two coats of paint of contrasting colors. The owner shall paint the first coat before and the second after erection of a new fire escape, except that this shall not apply to fire escapes constructed of approved atmospheric corrosion resistant metal. Whenever a fire escape becomes corroded, the owner shall scrape and remove the corrosion products and repaint it with two coats of paint of contrasting colors. Sec. D26-12.05 Courts and shafts a. The owner of a multiple dwelling shall whitewash the walls enclosing all courts and shafts not made of light-colored brick or stone or shall paint such walls a light color, and shall maintain them in a clean condition. b. As often as it deems necessary, the department may require the owner of a multiple dwelling: (1) to rewhitewash or repaint the walls enclosing courts and shafts not made of a light colored brick or stone, and (2) to clean the walls enclosing courts and shafts made of a light-colored brick or stone. c. This section does not apply to: (1) outer courts which open on a street; or (2) courts which exceed the minimum dimensions set forth in section 26 of the multiple dwelling law by at least 50 per cent. Sec. D26-12.07 Departmental regulations concerning paint and wall covering and quality and frequency of repainting or re-covering a. The department may by regulation prescribe or approve the kind and quality of paints or wall covering which may be used to satisfy the requirements of this article. b. The department may by regulation extend the time for repainting when in its judgment the particular kind and quality of paint or wall covering used is designed to wear for considerably longer periods of time than the time set for repainting in this article. An owner who uses such long- wearing paints or wall covering shall inform the department prior to his doing so in accordance with departmental regulations. ---------------------------------------------------------------- ARTICLE 13: Extermination and Rodent Eradication Section D26-13.01 Definitions D26-13.03 Rodent and Insect Eradication; Mandatory Extermination D26-13.05 Elimination of Harborages ---------------------------------------------------------------- Sec. D26-13.01 Definitions When used in this article: (a) Eradication means the elimination of rodents or insects and other pests from any premises through the use of traps, poisons, fumigation or any other method of extermination. (b) Insects and other pests include the members of class insects, including houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the phylum arthopoda as spiders, mites, ticks, centipedes and wood lice. (c) Harborage means any condition which provides shelter or protection for rodents or insects and other pests. Sec. D26-13.03 Rodent and insect eradication; mandatory extermination a. The owner or occupant in control of a dwelling shall keep the premises free from rodents, and from infestations of insects and other pests, and from any condition conducive to rodent or insect and other pest life. b. When any premises is subject to infestation by rodents or insects and other pests, the owner or occupant in control shall apply continuous eradication measures. c. When the department makes the determination that any premises are infested by rodents, insects or other pests, it may order such eradication measures as the department deems necessary. Sec. D26-13.05 Elimination of harborages All building material, lumber, boxes, cartons, barrels, containers, machinery. raw material, fabricated goods, junk, food, animal feed and any other substance which may afford harborage or provide food for such rodents or insects and other pests shall be kept stored or handled by the owner and tenants of every dwelling in such manner as the department may require. The department may make orders to eliminate rat harborages to the person who is responsible for the conditions. The department shall uncover and inspect periodically all structural harborages which cannot be eliminated from dwellings. ---------------------------------------------------------------- ARTICLE 14: Collection of Wastes Section D26-14.01 Definitions D26-14.03 Receptacles for Waste Matter D26-14.05 Frequency of Collection of Waste Matter from Dwelling Units in Multiple Dwellings D26-14.07 Collection of Waste Matter from Dwelling units in One- and Two-Family Dwellings ---------------------------------------------------------------- Sec. D26-14.01 Definitions When used in this article: (a) Organic wastes shall mean all wastes produced by or from living organisms. (b) Inorganic wastes shall mean all waste other than organic wastes, including discarded lumber, wood shavings and furniture. (c) Household wastes shall mean all wastes, organic and inorganic, which are produced within a dwelling unit. Sec. D26-14.03 Receptacles for waste matter a. The owner or occupant in control of a dwelling shall provide and maintain metal cans, or other receptacles jointly approved as to specifications by the department, the environmental protection administration and the department of health, for the exclusive use of each building, which shall be of sufficient size and number to contain the wastes accumulated in such building during a period of 72 hours. No receptacle shall he filled to a height so as to prevent the effective closure thereof and no receptacle shall weigh more than 100 pounds when filled. The receptacles shall be so constructed as to hold their contents without leakage. Metal cans shall be provided with tight-fitting covers and other receptacles shall be effectively closed. When requested by the environmental protection administration, the owner or occupant in control shall separate and place in separate receptacles, ashes, organic and inorganic wastes. Nothing contained in this subsection shall prevent the department, the environmental protection administration and the department of health from jointly approving as to specifications other systems for the disposal of waste utilizing containers of larger size and different construction as may be appropriate for such systems. (Subd. a amended by L. L. 1971, No. 11, Jan. 25. ) b. Metal cans shall he kept within the dwelling or as required by the department until the time for removal of their contents when they shall he placed in front of the dwelling. When inside storage is required, receptacles of other materials shall be kept in a metal can or a rat-proof and fire-proof room until the time of their removal when they shall be removed from the metal can and he neatly stacked in front of the dwelling. After the contents have been removed by the environmental protection administration, any receptacles remaining shall be returned promptly to their place of storage. Metal cans shall be kept covered at all times and shall be disinfected regularly and maintained in a sanitary condition. Yard sweepings, hedge cuttings, grass, leaves, earth, stone, or bricks shall not be mixed with household wastes. (Subd. b amended by L. L. 1971, No. 11, Jan. 25. ) c. Newspapers, wrapping paper, or other inorganic wastes which are likely to be blown or scattered about the streets shall be securely bundled, tied or packed before being placed for collection. Such material shall be kept and placed for collection in the same manner as the receptacles. Sec. D26-14.05 Frequency of collection of waste matter from dwelling units in multiple dwellings a. The owner of a multiple dwelling shall not allow the accumulation except in a lawful receptacle of ashes or any type of waste matter in any part of the premises. b. In multiple dwellings where the owner provides dumbwaiter service, all waste matter shall be collected at least once daily and deposited in separate receptacles. c. In multiple dwellings where no dumbwaiter service is provided, the owner shall provide between the hours of seven a.m. and ten a.m. or between five p.m. and eight p.m. daily: (1) a sufficient number of receptacles but in no event less than two within the dwelling or other area approved by the department which are accessible to the tenants. Such receptacles shall be removed promptly upon the expiration of the selected time period and taken to their place of storage; or (2) a pick-up service at each dwelling unit to collect ashes and wastes for deposit in the receptacles referred to in section D26-14.03 of this article. The owner shall post and maintain a notice in a conspicuous place in the dwelling informing the tenants of the hour and method of collection. A new notice shall be posted and maintained within 48 hours preceding any change in such hour or method. d. The tenant of a multiple dwelling shall dispose of waste matter in accordance with the method provided by the owner under subsection (b) or (c) of this section. The tenant shall not accumulate any waste matter in his dwelling unit so as to create a condition which is unsanitary or a fire hazard in the judgment of the department. e. Subsections (b), (c) and (d) shall not apply to any multiple dwelling where regular incinerator services or other means of disposal approved by the department are provided. The tenant in such a dwelling shall dispose of waste matter in an incinerator or by such other approved means of disposal and shall not permit wastes to accumulate so as to create a condition which is unsanitary or a fire hazard in the judgment of the department. Sec. D26-14.07 Collection of waste matter from dwelling units in one- and two-family dwellings The owner and occupants of a one- or two-family dwelling shall provide for the regular collection of waste matter from dwelling units and its deposit in the receptacles required by section D26- 14.03, and shall not permit ashes or any type of waste matter to accumulate in any part of the premises so as to create a condition which is unsanitary or a fire hazard in the judgment of the department. ---------------------------------------------------------------- ARTICLE 15: Water Supply Section D26-15.01 Water Supply to Buildings D26-15.03 Water Supply to Individual Units and Fixtures ---------------------------------------------------------------- Sec. D26-15.01 Water supply to buildings The owner of a dwelling shall provide and maintain a supply of pure and wholesome water sufficient in quantity and at sufficient pressure to keep all plumbing fixtures adequately supplied for their sanitary maintenance. Where water mains are available in the street, every dwelling shall be supplied with water from such mains. The owner shall keep the water free from connection to any unsafe water supply or from cross-connections to any drainage system. Sec. D26-15.03 Water supply to individual units and fixtures The owner of a dwelling shall provide proper appliances for the use of every dwelling unit to receive and distribute an adequate supply of water during all hours. ---------------------------------------------------------------- ARTICLE 16: Sewers and Drainage Section D26-16.01 Maintenance of Sewer Connections and Plumbing Fixtures D26-16.03 Drainage of Roofs and Court Yards ---------------------------------------------------------------- Sec. D26-16.01 Maintenance of sewer connection and plumbing fixtures The owner of a dwelling shall properly maintain and keep in good repair the plumbing and drainage system, including water closets, toilets, sinks and other fixtures. Sec. D26-16.03 Drainage of roofs and court yards a. The owner of a dwelling shall grade and maintain the grading of all roofs, terraces, shafts, courts yards, and other open spaces on the lot, and shall provide and maintain unobstructed drainage from these areas and spaces through a drain connected to a street storm-water main or combined sewer and street storm-water main. In the absence of a street storm-water main or combined sewer and street storm- water main, the department may permit the storm water from such areas to drain into a street gutter leading to a natural channel, water course, or dry well. b. The owner of a dwelling shall provide and maintain drainage from all roofs to carry off storm water, to prevent it from dripping to the ground, or from causing dampness in walls, ceilings, and open spaces. c. The department may require the owner of a dwelling to surface shafts, courts, yards, and other open spaces on the lot with concrete, and to pitch the surfaces of such areas towards a sewer-connected drain or other adequate drainage system, except that, with respect to private dwellings, the department may permit the surfacing of such areas with bitumineous* aggregate or other similar material. d. The owner of a dwelling may plant grass, sod, shrubs, trees and other vegetation in yards and courts, unless the department orders its removal because in its opinion such vegetation interferes with proper drainage, light, ventilation, or egress. ---------------------------------------------------------------- ARTICLE 17: Heat and Hot Water Section D26-17.01 Central Heat or Electric or Gas Heating System; When Required D26-17.03 Minimum Temperature to be Maintained D26-17.05 Self-inspection of Central Heating Plants D26-17.07 Supply of Hot Water; When Required D26-17.09 Gas-fueled or Electric Heaters ---------------------------------------------------------------- Sec. D26-17.01 Central heat or electric or gas heating system; when required Except as otherwise provided in this article. every multiple dwelling and every tenant-occupied one- or two-family dwelling shall he provided with heat from a central heating system constructed in accordance with the provisions of the building code and the regulations or the department. A system of gas or electric heating provided for each dwelling unit may, if approved by the department, be utilized in lieu of a central heating system if (1) the system is lawfully in use on the effective date of this code; or (2) the system is approved by the appropriate city agencies having jurisdiction and is installed in a structure or building erected. converted. substantially rehabilitated, or completely vacated, after the effective date of this code. Sec. D26-17.03 Minimum temperature to be maintained a. During the period from October 1 through May 31, centrally supplied heat, in any dwelling in which such heat is required to be provided, shall be furnished so as to maintain in every portion of such dwelling used or occupied for living purposes: (1) between the hours of six a.m. and ten p.m. a temperature of at least 68 degrees Fahrenheit whenever the outside temperature falls below 55 degrees: and (2) between the hours of ten p.m. and six a.m. a temperature of at least 55 degrees Fahrenheit whenever the outside temperature falls below 40 degrees. b. During the period from October I through May 31. all central heating systems required under this article shall be maintained free of any device which shall cause or which is capable of causing an otherwise operable central heating system to become incapable of providing the minimum requirements of heat or hot water as required by this article for any period of time. This subdivision shall not apply to any safety device required by law, or by a rule or regulation of any city agency, to be used in conjunction with a central heating system. (Subd. b added by LL. 1978, No. 43, Sept. 22, amended by LL. 1981, No. 76, Oct. 1, 1981, eff. Oct. 31, 1981.) Sec. D26-17.05 Self-inspection of central heating plants The owner of a private dwelling or a multiple dwelling containing six or less units, occupied in whole or in part by a tenant or tenants, in which there was a breakdown or other failure in central heating system, under the control of the owner, shall cause the furnace, boiler or other central heating system to be inspected by a qualified person in the period between January first and September thirtieth subsequent to the breakdown. The owner of a multiple dwelling containing more than six units shall cause the furnace, boiler or other central heating system to be inspected by a qualified person between January first and September thirtieth of each year. The department shall, by regulation, provide criteria as to the qualification of and certify such persons. In addition to testing the efficiency and adequacy of the heating system, the central heating system or water heating appliance and its flues, vents and dampers shall be inspected for escape of carbon monoxide gas. The findings on inspection shall be recorded on forms approved by the department within fifteen days following the inspection and shall be delivered to the owner, who shall file a copy with the department within seven days of the receipt of such findings. Before October fifteenth all defects as found upon the inspection shall be corrected. The failure to file a copy of the report shall be a class C violation for the purpose of subdivision (d) of section D26-51.01 of the code. Even after such violation is placed the owner may file such report and the department shall enter a notation in its records of the date on which such report was accepted by the department. After the date of acceptance by the department the per diem penalty shall be stayed. The department shall maintain the violation on its records, with a notation of the date on which such report was accepted by the department until the May 31st following the year in which the report was to be filed. Notwithstanding any other provision of this code. the department may serve a notice of violation of failure to file a copy of the report in the same manner as a class A or class B violation and shall not be required to serve such notice by registered or certified mail. The provisions of this section shall not apply to dwellings owned or operated by the New York City housing authority. Notwithstanding the provisions of any other law, failure by an owner of a dwelling required to file an inspection report prior to December thirty-first, nineteen hundred seventy-nine shall not be deemed a violation under the provisions off the article. (Amended by L. 1978, ch. 132, May 16, eff. Jan. 1, 1979; L. 1980, ch. 59, April 8, L. L. 1980, No. 47, Sept. 8.) Sec. D26-17.07 Supply of hot water; when required Except as otherwise provided in this article, every bath, shower, washbasin and sink in any dwelling unit in a multiple dwelling or tenant-occupied one-family or two-family dwelling shall be supplied at all times between the hours of six a.m. and midnight with hot water at a constant minimum temperature of 120 degrees Fahrenheit from a central source of supply constructed in accordance with the provisions of the building code and the regulations of the department. Gas or electric water heaters may, if approved by the department, be utilized in lieu of a central source of supply of hot water if such heaters (1) are lawfully in use on the effective date of this code; or (2) are approved by the appropriate city agencies having jurisdiction and are installed in a structure or building erected, converted, substantially rehabilitated, or completely vacated after the effective date of this code. Sec. D26-17.09 Gas-fueled or electric heaters a. Gas-fueled or electric space or water heaters, where permitted by this article as an alternative to a central supply of heat or hot water, shall be governed by the provisions of this section. b. The capacity, number and location of such heaters shall be such as to furnish the same standard of heat or hot water supply, as the case may be, as is required to be furnished from a central heat or hot water system. c. Electric heaters shall be approved by Underwriters Laboratories, Inc. and shall comply with applicable provisions of the building code and the multiple dwelling law. d. Gas-fueled heaters shall comply with article 18 of this code and with applicable provisions of the building code and the multiple dwelling law, but any such heater lawfully in existence on the effective date of this code which does not comply with section D26-18.01(b) shall comply with such section by July fourteenth, nineteen hundred seventy-eight. No person shall cause or permit to be occupied for sleeping purposes any room containing such a non-complying heater. Any heater installed in replacement of any such non- complying heater shall comply with all provisions of article eighteen. (Subd. amended by L. L. 1977, No. 73, Oct. 6.) e. The owner shall not, unless otherwise agreed between owner and tenant, be required to pay for the gas or electricity used by such heaters. f. Notwithstanding any provision of prior law, it shall be the duty of the owner to keep each such heater in good repair and good operating condition. regardless of the identity of the person originally owning or installing the heater. g. The owner shall instruct each successive tenant of an apartment in which such heaters are installed as to safe and proper method of using and operating such heaters. h. The department may make and enforce regulations supplementary to the provisions of this section and article 18 of this code to secure an adequate supply of heat and hot water and to protect the health and safety of tenants. ---------------------------------------------------------------- ARTICLE 18: Gas Appliances Section D26-18.01 Space and Water Heaters D26-18.03 Gas-fired Refrigerators D26-18.05 Self-inspection of Gas heaters ---------------------------------------------------------------- Sec. D26-18.01 Space and water heaters a. Any gas-fueled space or water heater used in any dwelling unit, in addition to the provisions of section D26-17.09 of this code, shall comply with the provisions of this section and with the regulations of the department. b. No person shall install or maintain in any dwelling unit a gas-fueled space or water heater unless the heater obtains combustion air directly from the outside of the building. c. No person shall install or maintain a gas-fueled water heater in a room occupied for sleeping purposes, or cause or permit to he occupied for sleeping purposes any room in which a gas-fueled water heater is installed. d. No person shall install or maintain in any dwelling unit a gas-fueled water heater so designed and arranged that it heats water in pipe coils placed at a distance from the hot water storage tank. e. Every gas-fueled space or water heater shall be approved by the American Gas Association and by the department of health or shall have a certificate of listing issued for the heating unit by the American Gas Association and approved by the department of health. All accessories or control devices for use with such heaters shall have such a certificate of listing. f. Each heater shall be equipped with an effective device which will automatically shut off the gas supply to the heater if its pilot light or other constantly burning flame is extinguished, or in the event of an interruption of the gas supply to the heater, and will not permit the heater to be relighted unless such shut-off device is first rest manually. g. Each heater shall be rigidly connected to the gas piping supplying gas in the premises. h. Each heater shall be connected to a flue or outlet pipe conforming to the provisions of the building code. No heater shall be vented to an inner court. A flu or outlet pipe may be extended to an inner court if the flue or pipe is connected with an outside chimney which conforms with the provisions of the building code. Sec. D26-18.03 Gas-fired refrigerators a. It shall be unlawful to install or furnish for use or to use, operate, or permit to be used or operated in a dwelling any gas-fired refrigerator: (1) which utilizes a water-cooled gas-fired refrigerator unit; or (2) which is not equipped with a flue and flue components wholly composed of a non-metallic material or of molybdenum stainless steel or aluminum; or (3) which is not equipped with a fixed mounted dust incinerating type of gas burner, gas pressure regulator, gas supply filter, and thermostat; or (4) which does not have a properly operating automatic regulating or safety device of a type installed or specified by the manufacturer, or which has a clogged flue, or an improperly operating burner, or which gives off excessive heat or odors or discharges carbon monoxide or is otherwise defective. b. Inspectors or other duly authorized representatives of the department may seal any refrigerator which is in violation of this section. Any refrigerator so sealed shall not be installed, used, or operated without the written permission of the department. Sec. D26-18.05 Self-inspection of gas appliances The owner shall cause an inspection to be made by a licensed plumber, utility company or other qualified gas service person of each gas-fueled space heater and, in an old law tenement or in any rooming unit, of each gas appliance, at least once a year. The findings on inspection shall be recorded on forms approved by the department and shall be kept on file by the owner for a period of one year. Such inspection reports shall be submitted to the department upon request but shall not be subject to inspection by others or to subpoena, or used in or as the basis of prosecution for the existence of a defect on the date of inspection. (Amended by L. L. 1977, No. 73, Oct. 6.) ---------------------------------------------------------------- ARTICLE 19: Artificial Lighting Section D26-19.01 Duty to Provide Electric Lighting Equipment in all Dwellings D26-19.03 Electric Lighting Fixtures in Certain Public Parts of Dwellings; Fixtures and Lights Required D26-19.05 Lighting to be Provided at Night Owners Responsibility D26-19.07 Lights Near Entrance Ways and in Yards and Courts of Multiple Dwellings ---------------------------------------------------------------- Sec. D26-19.01 Duty to provide electric lighting equipment in all dwellings The owner shall equip every dwelling for lighting by electricity. He shall provide and maintain light fixtures to provide lighting for all public parts in a dwelling, including the means of egress, for every room, water-closet compartment and bathroom in every dwelling unit, and for every water-closet without the dwelling unit. In addition to required light fixtures, the owner shall install and maintain such receptacle outlets as may be required by the electrical code. Except as otherwise provided in this code or in the electrical code, the owner may substitute an additional receptacle outlet for a required light fixture in living rooms other than kitchens. Sec. D26-19.03 Electric lighting fixtures in certain public parts of dwellings; fixtures and lights required a. In every multiple dwelling and tenant-occupied two-family dwelling the owner shall provide electric lighting fixtures for every public hall, stair, firestair and fire tower on every floor, in accordance with the following requirements: (1) If an incandescent lighting fixture is provided, it shall be capable of providing illumination of at least ten watts per 25 square feet of floor-area or fraction thereof. Each lighting fixture shall he provided with one or more lights of a total of not less. than 60 watts. Where, under this requirement, the number of watts per fixture would exceed 100, one or more additional fixtures shall be provided and shall be located as may he prescribed by the department, except where the distance from the fixture to the furthest intersecting wall does not exceed 20 feet. (2) If a fluorescent lighting fixture is provided, it shall he capable of providing illumination of at least four watts cool white fluorescent light per 25 square feet of floor-area or fraction thereof. Each lighting fixture shall be provided with one or more lights of a total of not less than 20 watts. Where, under this requirement, the number of watts per fixture would exceed 40, one or more additional fixtures shall be provided and shall be located as may be prescribed by the department, except where the distance from the fixture to the farthest intersecting wall does not exceed 20 feet. (3) In every multiple dwelling hereafter erected, in addition to other lighting requirements, a sufficient number of incandescent or fluorescent fixtures shall be provided so that the distance between fixtures is not more than 30 feet and so that no wall is more than 15 feet distant from a fixture. b. The department may approve electric lighting for public halls, stairs, fire-stairs and fire towers other than the incandescent and fluorescent lighting required in subsection (a) if such other method of electric lighting provides equivalent illumination, and meets the requirements of the electrical code. c. Notwithstanding any other requirement of this section, the department may require fixtures to be so located, and additional fixtures to be installed, in order to assure that every pan of every public hall, stair, fire-stair or fire tower is adequately lighted. Sec. D26-19.05 Lighting to be provided at night; owner's responsibility a. The owner of a multiple dwelling shall turn on all required lights in every public hall and stair at sunset every day and shall keep them on until sunrise the day following. b. The owner of a multiple dwelling shall keep all required lights burning continuously (1) in every fire-stair and fire tower; (2) in every stair and public hall where there is no window opening on a street, court, yard, space above a setback, or on a shaft; and (3) in every stair and public hall where there is a window which in the opinion of the department does not provide adequate natural light. c. The owner of a multiple dwelling shall provide electric light at all hours of the day and night in rooms or spaces in multiple dwellings in which laundry equipment is provided for the common use of the occupants whenever natural light is insufficient in the opinion of the department. d. The owner of a multiple dwelling shall install and maintain in working condition a lighting fixture that can be turned on by a tenant or by the mail carrier directly over a mail box or other receptacle for mail if the natural light in the public hall is not sufficient to read the names on each mail box or receptacle. e. The owner of a multiple dwelling shall not be responsible if any required light becomes extinguished and remains so if he can show to the satisfaction of the department or the court that it became and remained extinguished without his knowledge or consent. Sec. D26-19.07 Lights near entrance ways and in yards and courts of multiple dwellings a. The owner of a multiple dwelling shall install and maintain one or more lights at or near the outside of the front entrance way of the building which shall in the aggregate provide not less than 50 watts incandescent illumination or its equivalent for a building with a frontage up to 22 feet, and 100 watts incandescent illumination or its equivalent for a building with a frontage in excess of 22 feet. In the case of a multiple dwelling with a frontage in excess of 22 feet and front entrance doors with a combined width in excess of five feet, the owner shall install at least two lights, one on each side of the entrance way, with an aggregate illumination of 150 watts incandescent illumination or its equivalent. If the minimum level of illumination is maintained, the owner may determine details of location, design and installation of lighting fixtures, subject, however, to regulations of the department with respect to the maximum height above or distance from the entrance way of such fixtures, and the electrical and other safety of their installation. The lights required by this subsection shall be kept burning from sunset on each day to sunrise on the day following. b. The owner of a multiple dwelling shall install and maintain in every yard and court one or more lights of at least 40 watts of incandescent illumination or its equivalent, in such locations as the department may prescribe. The lights required by this subsection shall be kept burning from sunset on each day to sunrise on the day following. ---------------------------------------------------------------- ARTICLE 20: Protective Devices and Fire Protection Section D26-20.01 Peepholes D26-20.03 Mirrors in Elevators D26-20.05 Locks in Dwelling Unit Doors D26-20.07 Fire Protection in Certain Old Law Tenements ---------------------------------------------------------------- Sec. D26-20.01 Peepholes In every dwelling the owner shall provide and maintain a peephole in the entrance door of each dwelling unit. Such peephole shall be located, as prescribed by the department, in such a place that the person in each dwelling unit may view from the inside any person immediately outside the entrance door. However, such peephole need not be installed In any tenant-occupied one- or two- family home where it is possible to see from the inside any person immediately outside the entrance door. This section shall not apply to hotels, apartment hotels, college or school dormitories, or owner-occupied dwelling units in one- and two- family homes. Sec. D26-20.03 Mirrors in elevators The owner of a multiple dwelling in which there arc one or more self-service elevators shall affix and maintain in each such elevator a mirror which enables persons to view its interior before entering the same. The mirror shall meet such requirements as the department shall by regulation prescribe. Sec. D26-20.05 Locks in dwelling unit doors a. The owner of a dwelling shall provide a key lock in the entrance door to each dwelling unit and at least one key. In a class A multiple dwelling such door shall be equipped with a heavy duty latch set and a heavy duty dead bolt operable by a key from the outside and a thumb-turn from the inside. b. Each dwelling unit entrance door in a Class A multiple dwelling shall also be equipped with a chain door guard so as to permit partial opening of the door. (Amended by L. L. 1971, No. 8, Jan. 22, eff. March 31.) Sec. D26-20.07 Fire protection in certain old law tenements a. In every old law tenement which is less than four stories in height: (1) Every door opening into any entrance hall or stair, or into any public hall connected therewith, shall be self- closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass, and every transom opening upon any public hall shall be glazed with wire glass firmly secured in a closed position; and (2) Every interior sash, or opening other than a door, in the walls or partitions of any such hall, and every window in any such hall not opening to the outer air, shall be removed and the openings closed up and fire- retarded, and (3) The ceiling of the cellar, or if there is no cellar, of the basement or other lowest story, shall be fire- retarded unless such ceiling already has been plastered or covered in a manner satisfactory to the department with plaster board or gypsum board at least one-half inch in thickness. b. In every old law tenement which is four stories or more in height: (1) On all stories above the third story, every apartment door opening into any stair or into any public hall connected therewith, unless such stair or public hall is protected by an approved sprinkler system shall have a fire resistance rating of at least one hour. Existing door frames in good condition may be retained. All such doors shall comply with this requirement, not later than six months after the effective date of this local law. (2) For all stories below the fourth story, any application for an alteration permit for alterations to be made in an apartment below the fourth story shall include the provision that every door of such apartment opening into any entrance hall, stair or into any public hall connected therewith, unless such entrance hall, stair or public hall is protected by an approved sprinkler system, shall have a fire resistance rating of at least one hour. Existing door frames in good condition may be retained. (3) Where apartment doors having a fire resistance rating of at least one hour are required, every transom opening upon any entrance hall, stair or public hall connected therewith shall be sealed and fire-retarded. All other transoms opening upon any entrance hall, stair or public hall connected therewith shall be glazed with wire glass and permanently sealed in a closed position. (4) All doors opening into any entrance hall, stair or into any public hall connected therewith shall be self- closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass. (Amended by L. L. 1971, No. 11. Jan. 25; L. L. 1973, No. 17, May 2.) Sec. D26-20.08 Duties of owner and occupant with respect to installation and maintenance of smoke detecting devices in class A multiple dwelling. a. It shall be the duty of the owner of a class A multiple dwelling which is required to be equipped with smoke detecting devices pursuant to sub-article 1705.0 of article seventeen of title C of chapter twenty-six of this code to: (1) Provide and install one or more approved and operational smoke detecting devices in each dwelling unit. Such devices shall be installed in accordance with the requirements of Reference Standard 17-12. (2) Post a notice in a form approved by the commissioner in a common area of the building informing the occupants of such building that the owner is required by law to install one or more approved and operational smoke detecting devices in each dwelling unit in the building and that each occupant is responsible for the maintenance and repair of such devices and for replacing any or all such devices which are stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit. (3) Replace any smoke detecting device which has been stolen, removed, missing or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupant prior to the commencement of a new occupancy of a dwelling unit. (4) Replace within thirty calendar days after the receipt of written notice any such device which becomes inoperable within one year of the installation of such device due to a defect in the manufacture of such device and through no fault of the occupant of the dwelling unit. (5) Keep such records as the commissioner shall prescribe relating to the installation and maintenance of smoke detecting devices in the building and make such records available to the commissioner upon request. b. Notwithstanding the provisions of subdivision a of Section D26-10.01 of this code and subdivision c of Section D26- 10.03 of this code, it shall be the sole duty of the occupant of each dwelling unit in a class A multiple dwelling in which a smoke detecting device has been provided and installed by the owner pursuant to the provisions of sub- article 1705.0 of article seventeen of title C of chapter twenty-six of this code to: (1) keep and maintain such device in good repair; and (2) replace any and all devices which are either stolen removed missing or rendered inoperable during the occupancy of such dwelling unit. c. Except as otherwise provided in paragraphs (3) and (4) of subdivision a of this section an owner of a class A multiple dwelling who has provided and installed a smoke detecting device in a dwelling unit pursuant to this section shall not required to keep and maintain such device in good repair or to replace any such device which is stolen removed missing or rendered inoperable during the occupancy of such dwelling unit. d. The occupant of a dwelling unit in which a battery-operated smoke detecting device is provided and installed pursuant to this section shall reimburse the owner a maximum of ten dollars for the cost of providing and installing each such device. The occupant shall have one year from the date of installation to make such reimbursement. (Added by L. L. 1982 No. 62. July 27 ) Sec. D26-20.09 Duties of owner with respect to installation and maintenance of smoke detecting devices in class B multiple dwellings. It shall be the duty of the owner of a class B multiple dwelling which is required to be equipped with smoke detecting devices pursuant to sub-article 1705.0 of article seventeen of title C of chapter twenty-six if this code to: (1) provide and install one or more approved and operational smoke detecting devices in each dwelling unit or, in the alternative, provide and install a line-operated zoned smoke detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules and regulations promulgated by the commissioner of buildings (2) keep and maintain smoke detecting devices in good repair. (3) replace any smoke detecting device which has been stolen, removed, missing or rendered inoperable prior to the commencement of a new occupancy of a dwelling unit (4) keep such records as the commissioner shall prescribe relating to the installation and maintenance of smoke detecting devices in each dwelling unit and make such records available to the commissioner upon request (Added by L. L. 1981, No. 62, July 27.) ---------------------------------------------------------------- ARTICLE 21: Miscellaneous Services and Facilities Section D26-21.01 Mail Service D26-21.03 Floor Signs D26-21.05 Street Numbers D26-21.07 Inspection of Required Sprinklers in Converted Dwellings and Dwellings Used for Single Room Occupancy D26-21.09 Maintenance of Rooming Units ---------------------------------------------------------------- Sec. D26-21.01 Mail service The owner of a multiple dwelling shall either: (1) arrange for mail to be delivered to himself, his agents, or employees for prompt distribution to the occupants, or (2) provide and maintain approved mail receptacles and directories of persons living in the dwelling, as provided by federal law and by the regulations of the post office department. Sec. D26-21.03 Floor signs The owner of a multiple dwelling more than two stories in height shall post and maintain a sign, of sufficient size to be readily seen, which states the number of the floor. Such signs shall be located in the public hall near the stairs and elevator, and within any stair enclosure. Sec. D26--21.05 Street numbers The owner of a dwelling shall post and maintain street numbers on the dwelling, which are plainly visible from the sidewalk in front of the dwelling, in accordance with section 82(3)-1.0 of the administrative code and the rules and regulations issued by the borough presidents thereunder. Sec. D26-21.07 Inspection of required sprinklers in converted dwellings and dwellings used for single room occupancy a. In every converted dwelling, or in every tenement used, in whole or in part, for single room occupancy in which a sprinkler system has been installed pursuant to the requirements of the multiple dwelling law, the owner shall have an annual test and inspection of such sprinkler system made by a licensed plumber or sprinkler system contractor. b. For the purposes of such test. the owner shall provide an angle hose valve or sill cock threaded on the outlet side for standard garden hose couplings at the extreme end of the highest line of sprinklers. A piece of garden hose ten feet in length with female coupling shall be kept on the premises. There shall be available for use by the tester a pail of at least ten quarts capacity. c. The person conducting the inspection shall perform the following tests: (1) obtain and record the static pressure at the test valve by means of a hydraulic gauge. (2) connect the test hose to the test valve and drain off into a pail or other suitable receptacle not less than ten quarts of water to insure that the system is operative and that there is a full and free flow of water (3) check the valve on the main supply to the system making certain the valve is fully open and sealed in such open position. (4) check the system to insure that all sprinkler heads are in place, and shall incorporate in his report the findings d. The owner, resident manager or janitor shall witness the test. e. A report of the test, signed by the tester and witness, shall be filed, within ten days thereafter, with the superintendent of buildings for the borough in which the dwelling is located; and a copy of such report shall be kept on the premises in the care of the owner, resident manager or janitor. f. If the system is found defective, the owner or his authorized agent shall notify the fire commissioner through the local firehouse and the superintendent within 24 hours after the test, and shall promptly cure such defect. Sec. D26-21.09 Maintenance of rooming units A manager, who may be the owner, shall reside in every rooming house or multiple dwelling used for single room occupancy, except that two adjoining or connected rooming houses may be under the same supervision. The manager shall be responsible for the operation and maintenance of the dwelling. ---------------------------------------------------------------- ARTICLE 22: Janitorial Services Section D26-22.01 Definitions D26-22.03 Obligations of Owner D26-22.05 Residence of Person Performing Janitorial Services; Limitation on Number of Dwelling Units Served D26-22.07 Certification of Competency D26-22.09 Exemption of New York City Housing Authority ---------------------------------------------------------------- Sec. D26-22 01 Definitions When used in this article: (a) Janitorial services means: cleaning and maintenance, including the making of minor repairs; the furnishing of heat and hot water, where supplied from a central source; the removal of garbage, refuse, ashes and wastes from the premises; and the removal of snow, ice. dirt and other matter from the sidewalk and gutter. (b) Janitor means a person employed to perform janitorial services. Sec. D26-22.03 Obligations of owner a. The owner of a multiple dwelling shall provide adequate janitorial services. b. In a multiple dwelling of nine or more dwelling units, the owner shall either: (1) perform the janitorial services himself, if he is a resident owner; or (2) provide a janitor; or (3) provide for janitorial services to be performed on a 24- hour-a-day basis in a manner approved by the department. c. The owner of a multiple dwelling or his managing agent in control shall post and maintain in such dwelling a legible sign, conspicuously displayed, containing the janitor's name, address (including apartment number) and telephone number. A new identification sign shall be posted and maintained within five days following a change of janitor. (Subd. c amended by L. L. 1978, No. 28, Sept. 14.) Sec. D26-22.05 Residence of person performing janitorial services; limitation on number of dwelling units served The person who performs janitorial services for a multiple dwelling of nine or more dwelling units (other than where janitorial services are performed on a 24-hour-a-day basis under section D26-22.03 (b)(3) shall reside in or within a distance of one block or 200 feet from the dwelling, whichever is greater, unless the owner resides in the multiple dwelling. Where two or three multiple dwellings are connected or adjoining, it shall be sufficient, however, that the person who performs janitorial services resides in one of these, but no person who performs janitorial services for more than one multiple dwelling may service more than 65 dwelling units. Regardless of residence the janitor must have a telephone where the janitor may reasonably be expected to be reached. (Amended by L. L 1978, No. 28, Sept. 14.) Sec. D26-22.07 Certification of competency a. Except as provided in subsection (b), the owner who is required to employ a janitor shall certify in writing to the department that his janitor is competent to perform janitorial services required to be performed by this article in a competent fashion and is capable of operating the incinerator and the furnace, boiler and other machinery that provides central heat and hot water. The owner shall submit a new certificate of the janitor's competency to the department no later than 60 days after hiring a new janitor. b. No such certification shall be required concerning a janitor who has satisfactorily completed a course of not less than 15 hours given or approved by the department of buildings in the basic skills required for the performance of janitorial services. Such course should include, but need not be limited to, instruction on operation of the central heating plant; replacement of the smoke pipe from the furnace to the chimney; and the making of necessary minor repairs, such as replacement of washers and water faucets. Courses approved by the department of buildings may he offered by a school, association, labor union or other public agency. c. This section shall become effective one year following the enactment of this code. Sec. D26-22.09 Exemption of New York city housing authority The provisions of this article shall not be applicable to the New York city housing authority ================================================================ SUBTITLE III: PHYSICAL AND OCCUPANCY STANDARDS FOR DWELLING UNITS ARTICLE 30: Lighting and Ventilation Section D26-30.01 Lighting and Ventilation in Multiple Dwellings; General Requirements D26-30.03 Lighting and Ventilation of Living Rooms in Multiple Dwellings Erected after 1929 D26-30.05 Lighting and Ventilation of Living Rooms in Converted Dwellings D26-30.07 Lighting and Ventilation of Living Rooms in New Law Tenements D26-30.09 Lighting and Ventilation of Living Rooms in Old Law Tenements D26-30.11 Lighting and Ventilation in One- and Two-Family Dwellings ---------------------------------------------------------------- Sec. D26-30.01 Lighting and Ventilation in Multiple Dwellings; General Requirements a. No multiple dwelling shall be so altered as to diminish the light and ventilation of any room in any way not approved by the department. b. Every required window shall be so located as to light properly all portions of the room. c. Any obstruction of required light and ventilation shall be unlawful. (Subd. c added by L. L. 1971, No. 11, Jan. 25.) Sec. D26-30.03 Lighting and ventilation of living rooms in multiple dwellings erected after 1929 a. Required windows Every living room in a multiple dwelling erected after April 18, 1929, shall have at least one window opening on: (1) a street; (2) a lawful yard or court on the same lot; (3) a partially enclosed balcony or space above a setback which opens directly to a street, yard or court in the area of the front of such balcony or space open to the outer air is at least equal to 75 per cent of the floor area of such balcony or space; or (4) a completely enclosed balcony or space above a setback in a fireproof multiple dwelling if the enclosure is not more than one story in height; the outer enclosing walls and roof are of incombustible materials; an area, glazed with clear plate glass or plastic equivalent, on the outer enclosing walls if at least fifty percent of the area of the interior enclosing walls; and at least fifty percent of such glazed area opens on a street, legal yard or court. One-half of such glazed area shall be openable. A living room does not include a kitchen under this paragraph (4). (Subd. a, par. 4 amended by L. L. 1971, No. 11, Jan. 25.) b. No required window of a living room shall open on an offset or recess of less than six feet in width. (Subd. b amended by L. L. 1971, No. 11, Jan. 25.) c. Size of windows (1) The total area of all windows in the room shall be at least one-tenth the floor area of such room, except that when a room opens solely on a balcony or space above a setback the total area of such opening shall be one-tenth the combined floor area of the room and that portion of the balcony or space directly in front of such room. In determining the ratio of windows to floor area, the combined glazed area of windows and doors opening on a balcony or a space above a setback may be used. (2) Every required window shall be at least twelve square feet. (3) At least one-half of every required window shall open, except that for a mullioned casement window a minimum of five and one-half square feet is sufficient. In a room where a centralized mechanical ventilating system provides 40 cubic feet of air per minute, 25 per cent of the window area or five and one-half square feet of such area, whichever is greater, shall be openable. (4) The top of one required window in every room shall be at least seven feet above the floor, except that in dwellings erected pursuant to plans filed after April 23, 1959, and prior to the effective date of this code, this requirement shall not apply. d. Through ventilation (1) No part of any living room with windows, or doors in lieu thereof, opening on a balcony or space above a setback shall be more than 30 feet from the exterior face of the outer enclosing wall. (2) In any dwelling unit in a non-fireproof multiple dwelling or in a dwelling unit of three rooms or less in a fireproof multiple dwelling, no part of any room shall be more than 30 feet from a window opening on a street or yard unless such room also opens on a legal court. e. Openings on lot line Every window and its assembly in a wall situated on a lot line, except a street line, shall be fireproof, the assembly shall have a fire resistive rating of at least three- quarters of an hour; and the window shall be glazed with wire glass at least one-quarter of an inch thick. Every such window shall be of automatic self-closing construction whenever it is less than 50 feet above the non-fireproof roof of another structure located 30 feet or less from the lot line. f. Dining space A dining space shall have a window which: (1) complies with the provisions of subdivision (a) of this section, and (2) has an area at least one-eighth the floor area of such dining space. Sec. D26-30.05 Lighting and ventilation of living rooms in converted dwellings a. Required windows Except as provided in subsection (c), every living room in a converted dwelling shall have at least one window opening on: (1) a street, (2) a yard or outer court which complies with the provisions of section 172 of the multiple dwelling law, or (3) an inner court or shaft with minimum dimensions of three feet, nine inches in width and eight feet in length. For a room located on the top story, a skylight of the dimensions required in subsection (b) may be substituted for a window. b. Size of windows (1) The total area of all windows in the room shall be at least one-tenth the floor area of such room. (2) Every required window or skylight shall be at least twelve square feet, except that if the total area of windows in the room is one-eighth of the floor area this requirement shall not apply. (3) At least one-half of every required window shall open. One-half of the skylight shall have ventilating openings, unless (a) the skylight is equipped with a minimum of 144 square inches of c. Non-complying rooms (1) A living room in a one- or two-family dwelling constructed after January 1, 1938 which meets the minimum room size requirements of article 33 of this code but does not comply with subsection (a) of this section may not be occupied unless it has a single unbroken opening of not less than sixty square feet into an immediately adjoining room. The adjoining room shall have at least one window opening to the outer air and such window shall be not less than one-tenth of the combined floor area of the rooms (2) In a one- or two-family dwelling constructed prior to January 1, 1938, an opening shall be required between a room without a window and an immediately adjoining living room with at least one window. Such opening shall have a minimum size of 32½ square feet. ---------------------------------------------------------------- ARTICLE 31: Sanitary Facilities Section D26-31.01 Location of Water Closets D26-31.03 Size and Construction of Water Closet Compartments D26-31 05 Light and Ventilation of Water Closet Compartments D26-31.07 Sanitary Facilities in Apartments D26-31.09 Sanitary Facilities in Rooming Units D26-31.11 Sanitary Facilities in Certain Multiple Dwellings Erected After 1929 D26-31.13 Sanitary Facilities in One- and Two-Family Dwellings ---------------------------------------------------------------- Sec. D26-31.01 Location of water closets a. Water closets are prohibited in any yard, court or other open space. The owner shall remove any such existing water closet or other similar receptacle and, under the direction of the department disinfect the area where such receptacle was located. b. Nothing in this section shall require any change to be made in the lighting or ventilation of water closets, bathrooms, or general toilet rooms in any portion of any old law tenement or any converted dwelling if such lighting or ventilation was lawful on July first, nineteen hundred sixty- one and in one or two family dwellings if such lighting or ventilation was lawful on August second, nineteen hundred and sixty-seven. (Subd. b amended by L. L. 1971, No. 11, Jan. 17. c. In any apartment, a water closet may be placed in a separate compartment or in a bathroom. d. In any apartment, no more than one water closet shall be placed within a single compartment. e. In a Class A multiple dwelling, a general toilet room containing more than one water closet is prohibited, unless such water closets are supplementary to the facilities required for each apartment, or serve the non-residential portions of the premises. f. In a multiple dwelling erected after April 18, 1929, no water closet located in a compartment or bathroom may open into any kitchen or kitchenette. Sec. D26-31.03 Size and construction of water closet compartments a. Every water closet compartment shall be at least two feet, four inches in clear width. b. The walls enclosing every water closet compartment shall extend from floor to ceiling except in general toilet or bath rooms. c. The walls of every water closet compartment and general toilet or bath room shall be plastered tiled or covered with similar materials approved by the department. d. The floor of every water closet compartment, bathroom or general toilet room shall be waterproofed with material approved by the department. Such waterproofing shall extend at least six inches above the floor, except at the doors. e. Drip trays are prohibited. f. No water closet or other plumbing fixture shall be enclosed with any woodwork. Sec. D26-31.05 Light and ventilation of water closet compartments a. In every water closet compartment, bathroom and general toilet room one of the following requirements for light and ventilation shall be met: (1) There shall be a window opening upon a street, yard, court, partially enclosed balcony or space above a setback, on an offset or recess which may be less than six feet in width. Every such window shall be at least three square feet in area and one-half of its area shall open. (2) If the water closet compartment, bathroom or general toilet room is either located on the top story or is underneath the bottom of a lawful shaft or court, it may be lighted and ventilated by a skylight in the roof. Such skylight shall contain three square feet of glazed area and shall open. (3) There shall be a system of mechanical ventilation, approved for construction and arrangement by the department. In a multiple dwelling such system of ventilation shall be maintained and operated continuously to provide at least four changes per hour of the air volume of each water closet, bathroom or general toilet room daily from six o'clock in the morning until midnight in all residential parts of a dwelling and from seven o'clock in the morning until seven o'clock at night in any non-residential parts of a dwelling. In a private dwelling the approved system of mechanical ventilation may be switch-operated. b. Nothing in this section shall require any change to be made in the lighting or ventilation of water closets, bathrooms, or general toilet rooms in any portion of any old law tenement or any converted dwelling if such lighting or ventilation was lawful on July 1, 1961. Sec. D26-31.07 Sanitary facilities in apartments a. Multiple dwellings erected after 1929 (1) Every apartment in a multiple dwelling erected after April 18, 1929 shall contain a water closet and a bath. (2) In every such dwelling exceeding two stories in height, a water closet shall be accessible to every bedroom without passing through any other bedroom, and such access shall be required in every dwelling of two stories or less in height erected after July 1, 1961. (3) In a multiple dwelling erected after the effective date of this code, every apartment shall contain a washbasin. b. Converted dwellings (1) Every apartment in a converted dwelling shall contain a water closet and a bath or shower; and every apartment in a dwelling converted after July 1, 1961 shall also contain a washbasin. (2) In an apartment located in a dwelling converted after April 13, 1940, there shall be access to a water closet from every bedroom without passing through any other bedroom. c. New law tenements (1) Every apartment in a new law tenement shall contain a water closet and a bath. (2) In every apartment, a water closet shall be accessible to every bedroom without passing through any other bedroom. d. Old law tenements (1) In every old law tenement a water closet shall be provided for the exclusive use of the occupants of every apartment. If it is not located within the apartment, the water closet shall be located on the same story as the apartment and shall be equipped with lock and key. (2) Such water closet shall be constructed and ventilated as approved by the department. e. New apartments in converted dwellings or tenements After December 9, 1955, in any converted dwelling or tenement in which: (1) the number of apartments in the dwelling is increased by any alteration, including the subdivision of existing apartments, the conversion of non-residential space or rooming units to apartments, or the enlargement of the dwelling; or (2) all apartments in the dwelling are vacated by the department or, except in a summer resort dwelling, are untenanted for 60 days or more; a new certificate of occupancy shall not be issued and a newly created apartment shall not be occupied, or a vacated apartment reoccupied, unless it contains a water closet, bath or shower, and washbasin. f. Requirements for all apartments in multiple dwellings effective January 1, 1973 Effective January 1, 1973, there shall be provided for the exclusive use of the occupants of each apartment in a multiple dwelling a water closet, a bath or shower;* and a washbasin, except that in tenements, no washbasin shall be required pursuant to this section where there is a sink within the apartment. (Amended by L. L. 1975, No. 24, June 2.) * So in original Sec. D26-31.09 Sanitary facilities in rooming units a. Every building containing rooming units, and each individual apartment used for single room occupancy, shall contain at least one water closet, washbasin and bath or shower for each six persons lawfully occupying rooming units therein, and for any remainder of less than six persons. At least one water closet shall be located on any floor containing a rooming unit. If there are not more than two rooms on the first story above the basement in a rooming house, no water closet is required on such floor but the occupants of the room shall be counted in determining the required number of facilities. (Subd. a amended by L. L 1970, No. 55, Nov. 17.) b. Every occupant of a rooming unit shall have access to each required water closet, washbasin and bath or shower without passing through any other rooming unit or portion of the dwelling reserved for other occupants. c. Any additional water closet installed to comply with the requirements of subsection (a) shall be located in a compartment, separate from any other water closet, bath or shower, except that a required washbasin may be provided in such compartment. Such additional baths, or showers, shall he located in compartments separate from every required water closet. d. Sanitary facilities for the exclusive use of and accessible only to the occupants of one rooming unit may be combined in a bathroom. Neither the facilities nor the occupants shall be counted in determining the number of facilities required in subsection (a). e. The provisions of subsection (a) of this section shall not apply to any dwelling which (1) is located in an area which has been designated by the city planning commission as suitable for urban renewal pursuant to article fifteen of the general municipal law and (2) has been certified by the housing and redevelopment board, prior to the effective date of this code, as suitable for an exemption from this requirement. There shall be provided, in any such converted dwelling, at least one watercloset compartment for every seven sleeping rooms used for Class B occupancy, and in any such dwelling used in whole or in part for single room occupancy, at least one water-closet, wash-basin and bath or shower in each apartment so used for each eight adult persons who may lawfully occupy such apartment. This subsection shall expire May 1, 1970. Sec. D26-31.11 Sanitary facilities in certain multiple dwellings erected after 1929 a. Fireproof multiple dwellings In a fireproof multiple dwelling erected after April 18, 1929, in which any living room opens directly upon a public hall without any intervening room, foyer or passage, or in which any suites of two living rooms open upon a foyer giving direct access to a public hall, there shall be one water closet for every three such living rooms on a story. Every such water closet shall be accessible to one or more such rooms without passage through a public hall or bedroom. In a Class B multiple dwelling, where any such living room does not have access to a water closet without passage through a public hall or bedroom, there shall be at least one water closet for every fifteen living rooms or fraction thereof, and every living room shall have access to a water closet through a public hall. b. Non-fireproof Class B dwellings In a non-fireproof Class B multiple dwelling erected after April 18, 1929, there shall be one water closet and washbasin for every seven living rooms. One such water closet compartment with washbasin shall be accessible to every room on each floor. (Subd. b relettered by L. L. 1970, No. 55, Nov. 17, and former subd. b repealed.) c. (Former subd. c relettered b by L. L. 1970, No. 55, Nov. 17.) d. Sanitary facilities for employees of tenants If employees of the tenants occupy two or more rooms opening directly to the same public hall in a fireproof multiple dwelling erected after April 18, 1929, there shall be one water closet for the first four rooms or fraction thereof and one additional water closet for each additional seven rooms or fraction thereof. Such facilities shall be accessible either directly from such rooms or through the public halls. Sec. D26-31.13 Sanitary facilities in one- and two-family dwellings The owner of a one- or two-family dwelling shall provide for the exclusive use of the occupants of each dwelling unit at least one water closet, one washbasin, and one bath or shower. Such facilities shall be located on the same story as each dwelling unit, or on any of the stories to which a dwelling unit extends. ---------------------------------------------------------------- ARTICLE 32: Kitchens and Kitchenettes Section D26-32.01 Facilities and Equipment D26-32.03 Lighting and Ventilation D26-32.05 Fire Protection D26-32.07 Requirements for Kitchens and Kitchenettes in One-and Two-Family Dwellings ---------------------------------------------------------------- Sec. D26-32.01 Facilities and equipment a. The owner of a multiple dwelling shall provide every kitchen and kitchenette therein with gas or electricity or both for cooking. b. The owner of a multiple dwelling shall provide every kitchen and kitchenette therein with a sink with running water, equipped with a waste and trap at least two inches in diameter. c. Every kitchenette in a multiple dwelling shall be surrounded by partitions extending from the floor to the ceiling, except for entrances to such kitchenette. When located within a room, such kitchenette, except for entrances, shall be designed so that it is separated from said room. However, a kitchenette existing on December 9, 1955 shall be deemed to be in compliance with this subsection if it is maintained in accordance with prior acceptance or approval by the department. Sec. D26-32.03 Lighting and ventilation The following requirements shall govern in multiple dwellings: a. The lighting and ventilation of kitchens shall be governed by the provisions on lighting and ventilation in article 30 of this code. b. A kitchenette constructed after July 1, 1949, shall have a window opening upon a street, a yard, court, shaft, any partially enclosed balcony or space above a setback, as described in section D26-30.03(a)(3), or an offset or recess less than six feet in width. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten percent of the floor area of such kitchenette. In lieu of such window, such kitchenette may have mechanical ventilation to provide at least six changes per hour of the air volume of such kitchenette, or, when such kitchenette is on the top story, may have a skylight of at least one foot wide with a total area of at least four square feet or one-eighth of the area of the kitchenette, whichever is greater, and shall have ventilating openings of at least one-half of the area of the skylight. c. A kitchenette constructed after July 1, 1949, may have a door or doors, if the lower portion of each door has a metal grille containing at least 48 square inches of clear openings or, in lieu of such grille, there are two clear open spaces, each of at least 24 square inches, one between the bottom of the door and the floor, and the other between the top of the door and the head jamb. d. A kitchenette shall be deemed to be in compliance with this section if it was accepted or approved by the department on or before July 1, 1952, and if it was maintained in accordance with such acceptance or approval. Sec. D26-32.05 Fire protection a. In a multiple dwelling, the owner shall fire-retard in every kitchen and kitchenette all combustible material immediately underneath or within one foot of any apparatus used for cooking or warming food; or shall cover such combustible material with asbestos of at least three-sixteenths of an inch in thickness and 26 gauge metal, or with fire resistive material of equivalent rating, except where such cooking or warming apparatus is installed in accordance with requirements established by the department in conformity with generally accepted safety standards. There shall be at least two feet of clear space above the exposed cooking surface of any such apparatus. b. In a multiple dwelling, the owner shall, in every kitchenette, either fire-retard the ceilings and walls, exclusive of doors, or install one or more sprinkler heads to fuse at a temperature not higher than two hundred and twelve degrees Fahrenheit. Such heads shall be connected to the water supply through a pipe of at least one-half inch in diameter. Any kitchenette which was accepted or approved by the department on or before July first, nineteen hundred fifty-two and maintained in accordance with such acceptance or approval shall be deemed to be in compliance with this subsection. (Subd. b amended by L. L. 1971, No. 11, Jan. 25.) Sec. D26-32.07 Requirements for kitchens and kitchenettes in one- and two-family dwellings The following requirements shall govern one- and two-family dwellings: a. The lighting and ventilation of kitchens constructed on or after the effective date of this code shall be governed by the provisions on lighting and ventilation of section D26- 30.11 of this code. b. Every kitchenette constructed on or after the effective date of this code shall be provided with a window opening upon a street, yard, or court. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten percent of the floor area of such kitchenette. However, when a kitchenette is on the top story, it may have, in lieu of such window, a skylight at least one foot wide with a total area of at least four square feet or one-eighth of the area of the kitchenette, whichever is greater, and which shall have ventilating openings of at least one-half of the area of the skylight. In lieu of a window, a kitchenette may have mechanical ventilation to provide at least six changes per hour of the air volume of such kitchenette. c. Every kitchenette may be equipped with a door or doors, if the lower portion of each such door has a metal grille containing at least 48 square inches of clear openings or, in lieu of such a grille. there are two clear open spaces, each of at least 24 square inches, one between the bottom of the door and the floor, and the other between the top of the door and the head jamb. d. In every kitchen and kitchenette, constructed on or after the effective date of this code, all combustible material immediately underneath or within one foot of any permanent apparatus used for cooking or warming food shall be fire- retarded or covered with asbestos at least three-sixteenths of an inch in thickness and 26 gauge metal or with fire- resistive material of equivalent rating, except where such permanent cooking or warming apparatus is installed in accordance with requirements established by the department in conformity with generally accepted safety standards. There shall always be at least two feet of clear space above any exposed cooking surfaces of such apparatus. e. The owner shall, in every kitchenette constructed on or after the effective date of this code, fire-retard the ceilings and walls, exclusive or doors. f. The owners of a dwelling shall provide every kitchen and kitchenette with gas or electricity or both for cooking and with a sink with running water, equipped with a waste and trap at least two inches in diameter. ---------------------------------------------------------------- Article 33: Minimum Room Sizes and Occupancy Regulations Section D26-33.01 Minimum Room Sizes D26-33.03 Maximum Permitted Occupancy D26-33.05 Prohibited Occupancies D26-33.07 Conversions to Rooming Units Prohibited D26-33.09 Rental of Rooms to Boarders D26-33.11 Single Room Occupancy D26-33.13 Maintenance of a Registry in Rooming House and Single Room Occupancy Buildings ---------------------------------------------------------------- Sec. D26-33.01 Minimum room sizes a. In all multiple dwellings erected after April 18, 1929, every living room shall have a minimum height of eight feet, except as required for cellars and basements in sections D26- 34.03 or D26-34.05. In a multiple dwelling erected after April 18, 1929 pursuant to plans filed and approved prior to December 9, 1955, and classified and recorded in the department, at least one living room in an apartment shall have a minimum floor area of 132 square feet; if erected, constructed or altered pursuant to plans filed on or after December 9, 1955, one living room shall have a minimum floor area of 150 square feet. Every other living room of an apartment in a multiple dwelling erected after April 18, 1929 shall contain 80 square feet and have a* least minimum dimension of eight feet, except: * So in original (1) a kitchen; (2) a room complying with the light and ventilation requirements of section D26-30.03(a) which has an opening or not less than 60 square feet into an immediately adjoining room, may have a minimum floor area of 70 square feet and a* least horizontal dimension of seven feet; * So in original (3) a dining space complying with the light and ventilation requirements of D26-30.03(f); (4) one-half the number of bedrooms in an apartment containing three or more bedrooms may have a least minimum dimension of seven feet; (5) a room in a Class B multiple dwelling may have a floor area of 60 square feet and a* least minimum dimension of six feet; * So in original (6) a room in a lodging house, other than an apartment occupied by the owner, janitor, superintendent or caretaker, shall comply with the provisions of section 66 of the multiple dwelling law and rules and regulations issued pursuant thereto by the department. No living room, except dormitories in a lodging house, shall be subdivided or otherwise enclosed unless each such portion complies with the provisions of this section and those for light and ventilation required in section D26-30.03. b. In a converted dwelling, every living room shall have a minimum height of eight feet, except that a living room located on the top story shall have a minimum height of seven feet in any part located more than six feet from the front of such room, and a living room in the basement or cellar shall comply with the requirements of section D26- 34.07( b) of this code. Except as provided in subsection (e) of this section, a living room in an apartment shall have at least* minimum dimension of six feet, a minimum floor area of sixty square feet and a minimum of five hundred and fifty cubic feet of air; and a living room in a rooming unit shall have not less than five hundred and fifty cubic feet of air, unless it is: (1) a kitchen; (2) a non-complying room which has an opening of not less than thirty-two and one-half square feet into an immediately adjoining room. (Subd. b amended by L. L. 1971, No. 11, Jan. 25.) c. In a new law tenement, every living room shall have a* least horizontal dimension of seven feet, except that if a living room is either located in a dwelling erected prior to 1912, or is a kitchen or a sleeping room for a maid in a fireproof tenement where a passenger elevator is operated, a* least minimum dimension of only six feet is required. Except as provided in subdivision (e), one living room shall have a minimum floor area of 120 square feet, and every other room shall contain 70 square feet if the minimum height of the room is nine feet, or 80 square feet if such room has a minimum height of eight feet. unless it is: (1) a kitchen; (2) a dining space complying with the light and ventilation requirements of section D26-30.07. A dining space is not permitted in an apartment with less than three rooms. No living room Shall be subdivided or otherwise enclosed unless each such portion complies with the provisions of this section and those for light and ventilation required in section D26-30.03 for multiple dwellings erected after April 18, 1929. * So in original d. In an old law tenement, every living room shall have a minimum floor area of sixty square feet, except as provided in subdivision (c). e. In a multiple dwelling erected prior to April 18, 1929 and altered pursuant to plans filed on or after December 9, 1955: (1) at least one living room in an apartment and any room used for single room occupancy shall have a minimum floor area of 150 square feet. (2) all other living rooms in an apartment, or in a rooming unit in a converted dwelling shall have a minimum floor area of 70 square feet, except that a room in a lodging house, other than a room in an apartment occupied by the owner, janitor, superintendent, or caretaker, shall comply with the provisions of section 66 of the multiple dwelling law and regulations issued pursuant thereto by the department. f. As used in subsections (a) and (e) of this section, an alteration shall mean the subdivision of any previously existing residential units; the combination of residential units with non-residential space within the multiple dwelling, any of which results in new dwelling units or rooming units; or the conversion without physical change to a rooming unit, whenever permitted under the provisions of section D26-33.07. (Subd. f. amended by L. L. 1968, No. 77, Nov. 27.) g. Notwithstanding any of the provisions of this article, in every multiple dwelling the minimum acceptable floor area of rooms existing on December ninth, nineteen hundred fifty- five shall be the present lawful area, provided, however, that the rooms have not been altered since December ninth, nineteen hundred fifty-five. (Subd. g added by L. L. 1971, No. 11, Jan 25.) Sec. D26-33.03 Maximum permitted occupancy a. No dwelling unit shall be occupied by a greater number of persons than is permitted by this section. (1) Every person occupying an apartment in a Class A or Class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a liveable area of not less than 80 square feet. The maximum number of persons who may occupy any such apartment shall be determined by dividing the total liveable floor area of the apartment by 80 square feet. For every two persons who may lawfully occupy an apartment, one child under four may also reside therein, except that a child under four is permitted in an apartment lawfully occupied by one person. No residual floor area of less than 80 square feet shall be counted in determining the maximum permitted occupancy for such apartment. The floor area of a kitchen or kitchenette shall be included in measuring the total liveable floor area of an apartment but the floor area for private hall- foyers, bathrooms or water closets shall be excluded. (2) A living room in a rooming unit may be occupied by not more than two persons if it has a minimum floor area not less than 110 square feet in a rooming house, or 130 square feet in a single room occupancy. b. The maximum number of persons who may occupy a dormitory shall not exceed the occupancy permitted under section 66 of the multiple dwelling law, and the regulations issued thereunder by the department. c. On written demand by the department, or by the owner when he rents a dwelling unit or any time thereafter, the tenant shall submit an affidavit setting forth the names and relationship of all occupants residing within the dwelling unit and the ages of any minors. In the event of an increase in the number of occupants, the tenant shall advise the owner and, if the owner so demands in writing, the tenant shall submit an affidavit, setting forth the pertinent information regarding such increase in occupancy. d. In any case where the birth of a child or its attainment of the age of four causes the number of persons or children to exceed the maximum occupancy permitted in this section, such excess occupancy shall be permissible until one year after such event. e. In every rooming unit, a sign shall be posted showing the maximum lawful occupancy. Such sign shall be made and installed in the manner and location prescribed by the department and shall be maintained at all times. Sec. D26-33.05 Prohibited occupancies a. No kitchen shall be occupied for sleeping purposes. b. No rooming unit shall be occupied by a family with a child under the age of 16 years, except that if a child is born to a family residing in such accommodations. the unlawful occupancy shall not commence until one year after the birth of such child. In any case where such an unlawful occupancy continues for ten days after the service of a notice of violation upon both the tenant and owner the department may, in addition to all other remedies, institute a proceeding for an injunction pursuant to article 53 to obtain an order requiring that such violation be remedied by eviction or removal of the tenant. The provisions of this subsection shall not prohibit such occupancy (1) in rooming units operated without profit by an educational, religious or charitable institution of the type described and for the purposes set forth in subdivision (a) of section D26-33.07, or (2) in a summer resort dwelling. Sec. D26-33.07 Conversions to rooming units prohibited a. No rooming unit which was not classified and recorded as such in the department prior to May 15, 1954 or converted to such use prior to April 30, 1956, shall be created in a tenement, converted dwelling or private dwelling, whether such conversion is effected with or without physical alterations, except for rooming units in a multiple dwelling: (1) owned or controlled and operated by a hospital for occupancy by nurses and interns on its staff; or, (2) owned and operated without profit by an educational, religious or charitable institution as a residence for the aged, or for working girls or women, or for working boys or men, or for delinquent, dependent or neglected children, or for students attending a school or college: or, (3) owned, operated or used by the city of New York. b. When the ownership, operation or use by an institution or public agency for any of the purposes enumerated in subsection (a) ceases, the certificate of occupancy shall expire. Sec. D26-33.09 Rental of rooms to boarders a. A family may rent one or more living rooms in an apartment to not more than two boarders, roomers or lodgers, if every living room in such apartment has free and unobstructed access to each required exit from such apartment as provided in paragraphs (a), (b) and (c) of subdivision four of section 248 or paragraph (a) of subdivision 1 of section 53 of the multiple dwelling law, and if each such boarder, roomer or lodger has access to, and the right to use, at least one water closet, bath or shower and one washbasin as may be required in or for an apartment in this code. b. Where a tenant rents any part of an apartment in a multiple dwelling to more than two boarders, roomers or lodgers, such rental shall constitute a use of the apartment for single room occupancy and such rental in an apartment of a converted dwelling shall constitute an unlawful use as a rooming unit. (Subd. b amended by L. L. 1971, No. 11, Jan. 25.) c. A family may rent one or more living rooms in a private dwelling to not more than two boarders. roomers or lodgers, except as otherwise prohibited under the zoning resolution of the city of New York. Sec. D26-33.11 Single room occupancy Every building containing rooming units, and each individual apartment used for single room occupancy, shall contain at least one water closet, washbasin and bath or shower for each six persons lawfully occupying rooming units therein, and for any remainder of less than six persons. At least one water closet shall be located on any floor containing a rooming unit. If there are not more than two rooms on the first story above the basement in a rooming house, no water closet is required on such floor but the occupants of the room shall be counted in determining the required number of facilities. (Amended by L. L. 1969, No. 11, March 4, L. L. 1972, No. 33, May 8.) Sec. D26-33.13 Maintenance of a registry in rooming house and single room occupancy buildings An owner or lessee of any dwelling containing rooming house accommodations or any room or rooms used for single room occupancy shall keep a register in such dwelling in the custody of a responsible agent. The register shall show: the name, signature, age, previous residence, date of arrival and date of departure of each tenant of rooming house accommodations or of a room or rooms used for single room occupancy; the room or rooms occupied by such tenant; and the names and ages of all persons residing in or occupying such room or rooms with such tenant. The owner or lessee of such a dwelling and the agent who maintains the register in such dwelling shall permit any officer or employee of the department or any inspector from any city department to inspect the register. It shall be unlawful for such owner or lessee knowingly to cause or permit any false entry to be made in such register. It shall be unlawful for any tenant to provide the owner or lessee of such dwelling with any false information on any matter required to be included in the register. ---------------------------------------------------------------- ARTICLE 34: Occupancy of Cellars and Basements Section D26-34.01 Occupancy of Cellars and Basements in Multiple Dwellings; General Requirements D26-34.03 Occupancy of Cellars and Basements in any Multiple Dwelling with "Adequate Adjacent Space" D26-34.05 Occupancy of Cellars and Basements in Multiple Dwellings Erected after April 18, 1929 D26-34.07 Occupancy of Cellars and Basements in Converted Dwellings D26-34.09 Occupancy of Cellars and Basements in New Law Tenements D26-34.11 Occupancy of Cellars and Basements in Old Law Tenements D26-34.13 Occupancy of Cellars and Basements in One- and Two- Family Dwellings D26-34.15 Powers of the Board of Standards and Appeals: Cellar and Basement Occupancies ---------------------------------------------------------------- Sec. D26-34.01 Occupancy Or cellars and basements in multiple dwellings; general requirements No dwelling unit in a cellar or basement of a multiple dwelling shall be occupied unless: a. Such cellar or basement is properly lighted and ventilated to the satisfaction of the department; and b. Except for rooms occupied in accordance with section D26- 34.03, cellar walls and ceilings are constructed of light- colored material or are thoroughly whitewashed or painted a light color and are so maintained; such whitewash or paint shall be renewed as required by the department, whenever necessary in the opinion of the department; and c. Such cellar or basement is free from dampness. In all new law tenements or multiple dwellings erected after April 18, 1929, and in all other dwellings whenever the department determines that the subsoil conditions on the lot so require, the cellar or other lowest floor and all exterior walls shall be dampproofed and waterproofed to the height of the ground level; and d. Every yard, court, or other required open space on the same lot as the dwelling containing a dwelling unit in the cellar or basement is adequately drained to the satisfaction of the department; and e. Such dwelling unit complies with all of the applicable requirements of the multiple dwelling law and of this code for dwelling units which are not located in the cellar or basement of the dwelling, except where more restrictive standards are required in this article. Sec. D26-34.03 Occupancy of cellars and basements in any multiple dwelling with "adequate adjacent space" A dwelling unit in the cellar or basement of a multiple dwelling may be occupied if all of the following requirements are met: a. Every room has a minimum height of eight feet in every part in dwellings erected after July 1, 1957, and of seven feet in dwellings erected prior thereto. b. Every room has at least one-half of its height in every part above the highest level of an "adequate adjacent space." As used in this section, an "adequate adjacent space" is an area outside the dwelling which: (1) is thirty feet in its least dimension, (2) is located on the same lot as the dwelling or in a street or public place, (3) is open and unobstructed, except as provided in subdivision 9 of section 26 of the multiple dwelling law, and (4) abuts at the same level, or directly below, every part of the exterior walls of every dwelling unit located on the same floor. c. The bottom of such "adequate adjacent space" is at a level no higher than six inches below the sill of any required window opening on such space. d. Whenever the floor of any part of the dwelling unit is below the level of such "adequate adjacent space," either the ceiling, walls and partitions of the dwelling unit are fire retarded or the dwelling unit is equipped with a sprinkler system in a manner satisfactory to the department. e. The entire cellar or basement in which the dwelling unit is located complies with all requirements of the multiple dwelling law with respect to fire protection and to means of egress, including cellar and basement stairs and cellar entrances. f. A cellar occupied hereunder for the dwelling purposes shall be counted as a story for the purpose of the requirements of the multiple dwelling law with respect to means of egress, but shall not be counted as a separate story for the purpose of determining when a dwelling must be of fire proof construction. Sec. D26-34.05 Occupancy of cellars and basements in multiple dwellings erected after April 18, 1929 Except as provided in section D26-34.03, no dwelling unit in the cellar or basement of a multiple dwelling erected after April 18, 1929 may be occupied unless: a. Every room in a dwelling erected after the effective date of this code has a minimum height of eight feet, and in dwellings erected prior thereto has a minimum height of nine feet in every part, except that four beams each not more than twelve inches wide may extend a maximum of six inches below the basement ceiling. b. Every part of the ceiling of every such room is above the height of the curb level directly in front of each such part by not less than: (1) four feet six inches for a room in a dwelling unit located in the front of the dwelling, or (2) two feet for a room in a dwelling unit located in the rear of the dwelling. If the yard is sixty feet or more in depth, this requirement does not apply. Height above curb level is measured on the street on which the dwelling fronts. c. The level of any yard or court upon which a required window opens conforms to the requirements of subdivision eight of section 26 of the multiple dwelling law. d. Every room has at least one window opening upon a street, yard or court and is a part of a dwelling unit containing at least one room with a window opening upon a street or yard. e. A required window in every room shall comply with the provisions of section D26-30.03(c), except that the total area of all windows in such room shall be at least one- eighth of the floor area of the room and the top of each window shall be located not more than one foot from the ceiling. f. Except as provided in subdivision (g), not more than one apartment, as recorded in the certificate of occupancy, shall be located in the cellar unless the yard is sixty feet or more in depth. Such apartment shall contain no more than five rooms and a bathroom and shall be occupied either by the janitor or a rent-paying tenant, if no member of the family is under the age of sixteen years. No required window in any room of such apartment shall open upon a court less than five feet in width. Every part of the apartment shall be: (1) within 25 feet of the inner surface of the front or rear wall of the dwelling, or (2) have a window opening upon a court of the dimensions provided in subdivision seven of section 26 of the multiple dwelling law but in no event shall such court be less then ten feet in width. g. A maximum of three additional rooms may be located in the cellar exclusively for the use of persons regularly and continuously employed in the maintenance of such dwelling Each such room: (1) shall he completely separated from any other room or private hall; (2) shall have access to at least one bathroom without passing through the apartment provided for in subsection (f); and (3) shall comply with the provisions of subdivision (f) for required windows. Sec. D26-34.07 Occupancy of cellars and basements in converted dwellings a. Except as provided in D26-34.03, no dwelling unit in the cellar of a converted dwelling may be occupied for living purposes unless: (1) the yard adjoining such dwelling unit: has a minimum depth of 30 feet or more at every point; is open and unobstructed except as permitted by subdivision nine of section 26 of the multiple dwelling law; and abuts the exterior wall of such dwelling at a level no higher than the floor of any room contained in the dwelling unit, and (2) the department determines that the dwelling unit is habitable. Such a cellar shall be deemed a basement for the purpose of all requirements of the multiple dwelling law and of this code. b. Except as provided in section D26-34.03 of this code, no dwelling unit in the basement of a converted dwelling may be occupied unless: (1) Every living room has a minimum height of seven feet in every part; and (2) Every living room has at least one window which complies with the provisions of D26-30.04(b) of this code, except that the top of at least one widow shall be a minimum of six feet above the floor, or if the room does not comply with the foregoing provisions of this subsection (2), it complies with the provisions of section D26-30.05(c) of this code. (Subd. b amended by L. L. 1971, No. 11, Jan. 25.) c. The basement of a dwelling converted in accordance with the provisions of subdivision 4 of section 177 of the multiple dwelling law may be occupied only if the dwelling is classified and recorded in the department as such a converted dwelling prior to January 1, 1966. Sec. D26-34.09 Occupancy of cellars and basements in new law tenements Except as provided in section D26-34.03, no dwelling unit in the cellar or basement of a new law tenement may be occupied unless: a. every room has a minimum height of nine feet in every part. b. every part of the ceiling of every such room is above the height of the curb level directly in front of each such part by not less than: (1) four feet six inches for a room in a dwelling unit located in the front of a dwelling or (2) two feet for a room in a dwelling unit located in the rear of a dwelling. If the yard is 60 feet or more in depth this requirement does not apply. Height above curb level is measured on the street on which the dwelling fronts. c. The level of any yard or court upon which such a room opens conforms to the requirements of subdivision eight of section 26 of the multiple dwelling law. d. Every room has at least one window opening upon a street, yard or court and is a part of a dwelling unit containing at least one room with a window opening upon a street, yard or outer court with either (1) a minimum width of 18 feet and a maximum depth of 30 feet, or (2) a depth which does not exceed the width by more than one-half. e. A required window shall comply with the provisions of subsection (b) of section D26-30.07, except that the total area of all windows in a room shall be at least one-eighth the floor area of the room and the top of each window shall be located not more than one foot from the ceiling. f. Not more than one apartment, as recorded either in the certificate of occupancy or legally existing and recorded in the department prior to 1929. shall he located in the cellar unless the yard is sixty feet or more in depth. Such dwelling unit shall contain no more than five rooms and a bathroom and shall be occupied either by the janitor or a rent-paying tenant if no member of the family is under the age of sixteen years. No required window in any room of such apartment shall open upon a court less than five feet six inches in width. Every part of such dwelling unit shall be located within 25 feet of the inner surface of the front or rear wall of the dwelling or shall have a window opening upon a court not less than twelve feet in width. Sec. D26-34.11 Occupancy of cellars and basements in old law tenements a. No dwelling unit in the cellar of an old law tenement may be occupied unless it complies with the requirements of sections D26-34.03, D26-34.05, D26-34.09, or all of the following provisions: (1) Every room has a minimum height of eight feet in every part. (2) In every room of a dwelling unit located at the front of the dwelling, every part of the ceiling is at least four feet above the surface of the street in front of every such part. (3) In a dwelling unit located in the rear, every room has at least one-half of its height in every part above the highest level of an adjoining space which: abuts every part of the exterior wall of such room; has a minimum dimension of 30 feet measured at a right angle to the outer surface of such wall; and is open and unobstructed, except as permitted in subdivision nine of section 26 of the multiple dwelling law. (4) Every room has at least one window opening upon a street, yard or the adjoining space required in paragraph (3) and at least one-half of every such window shall open. b. No dwelling unit in the basement of an old law tenement may be occupied unless it complies with the requirements of Sections D26-34.03, D26 34.05, D26-34.09, subsection (a) of this section, or all of the following provisions: (1) Every room has a minimum height of seven feet, six inches in every part. (2) Every room has at least one window opening upon a street, a yard with a minimum depth of twelve feet or a court with dimensions of no less than six feet by twelve feet. Such room is a part of a dwelling unit containing at least one room with a window opening upon a street or such a yard. (3) At least one-half of a required window shall open. c. A room in the basement of an old law tenement may be occupied by a family solely in conjunction with their occupancy of the entire story above if such room has a minimum height of seven feet in every part and is not occupied for sleeping purposes. Sec. D26-34.13 Occupancy of cellars and basements in one- and two-family dwellings a. Cellar occupancy No room in the cellar of a one-or two-family dwelling shall be rented and no member of the family or families occupying the dwelling shall use such room for sleeping, eating or cooking purposes, except that a secondary kitchen for accessory cooking may be located in the cellar. b. Use of basement by occupants of the dwelling A room in the basement of a one- or two-family dwelling may he occupied for living purposes by members of the family or families in conjunction with their occupancy of the dwelling if the following conditions are met: (1) such room complies with all of the requirements of this code for rooms which are not located in the cellar or basement, and (2) whenever the department determines that the subsoil conditions on the lot so require, the basement or other lowest floor and all exterior walls as high as the ground level shall be dampproofed and waterproofed. c. Rental of basement An apartment, in the basement of a one-family dwelling may be occupied, unless otherwise prohibited under the zoning resolution of the city of New York, if it meets the requirements of subsection (h) and all of the following conditions: (1) Such basement occupancy is limited to one family which, for the purposes of this section, shall not include boarders. (2) Every room shall have a window complying with the requirements of section D26-30.11 of this code. (3) The bottom of any yard or other required open space shall be no higher than six inches below the window sill of any required window in any room. d. Conversion to multiple dwelling No private dwelling of more than three stories in height which was erected after April eighteenth, nineteen hundred twenty-nine shall be converted to a multiple dwelling unless it complies with all the provisions of the multiple dwelling law applicable to dwellings erected after April eighteenth, nineteen hundred twenty-nine. (Amended by L. L. 1971, No. 20, May 27.) Sec. D26-34.15 Powers of the board of standards and appeals; cellar and basement occupancies The board of standards and appeals shall have those powers and authority as set forth in section 310 of the Multiple Dwelling Law. (Added by L. L. 1971, No. 2, Jan. 7, which repealed former section.) ---------------------------------------------------------------- ARTICLE 35: Vacant Multiple Dwellings Section D26-35.01 Requirements for Reoccupancy of Vacant Multiple Dwellings ---------------------------------------------------------------- Sec. D26-35.01 Requirements for reoccupancy of vacant multiple dwellings a. In every multiple dwelling, where all apartments, suites of rooms and single room units, at any time after the effective date of this code: (1) became untenanted for a period of sixty days or more, or (2) were, or shall become, untenanted by reason of having been vacated by the department under the provisions of the administrative code of any provision of the multiple dwelling law on the ground that such dwelling was or is deemed unfit for human habitation or dangerous to life and health, it shall he unlawful for the owner of such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until such dwelling is made to comply with applicable requirements of the administrative code and the multiple dwelling law affecting the kind and class of such structure. For the purpose of determining whether any such dwelling is untenanted, occupancy of same by a janitor, superintendent or resident caretaker shall not be counted. It shall be unlawful for the owner of any such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until (1) an application and plan for the work required by this article have been filed with and approved by the department, (2) such work has been completed by the owner and approved by the department, and (3) a new certificate of occupancy has been obtained. b. The provisions of this article shall not apply to: (1) any multiple dwelling which is vacant or partly vacant because of a current alteration being performed under application and plan approved by the department for the elimination of interior rooms or the installation of sanitary facilities as required by the provisions of the administrative code or the multiple dwelling law, or (2) any multiple dwelling which is vacant or partly vacant by reason of being used as a summer resort dwelling as defined in section D26-1.07(a)(46) of this title. (3) any old law or new law tenement for which no certificate of occupancy has been issued, two or more apartments are being combined to create larger residential units, the total legal number of families within the building is being decreased and the bulk of the building is not being increased. (Subd. b amended by L. L. 1968, No. 77, Nov. 27.) ================================================================ SUBTITLE IV: ADMINISTRATION ARTICLE 40: Powers and Functions of the Department Section D26-40.01 Power to Make Regulations D26-40.03 Power to Issue Orders D26-40.05 Power to Hold Hearings; Subpoena Power; Production of Documents D26-40.07 Inspection of One- and Two-family Dwellings; Voluntary Registration of Owner-Occupant D26-40.09 Service of Notices and Orders D26-40.11 False Statements Punishable ---------------------------------------------------------------- Sec. D26-40.01 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. Sec. D26-40.03 Power to issue orders a. 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. b. 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 provision 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. Sec. D26-40.05 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 inspections, 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 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 own choosing. Sec. D26-40.07 Inspection of one- and two-family dwellings; voluntary registration of owner-occupant a. Notwithstanding any other provision of this title, 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. (Subd. a amended by L. L. 1968, No. 70, Sept. 19.) b. 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 is the owner-occupant of the premises. Sec. D26-40.09 Service of notices and orders a. 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 made on an owner of a dwelling, by mailing a copy of such notice 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 41 of this code; (ii) if service is to be made on a managing agent of any such dwelling designated under the applicable provisions of article 41 of this code, 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, by posting a copy of such notice 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 at the last known business or residence address of such owner. b. 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 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. c. Where a designation of a managing agent under the applicable provisions of article 41 of this code is currently in effect as to any multiple dwelling, any notice mentioned in subsection (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. d. If a mortgagee or lienor has registered with the department pursuant to the provisions of section D26-41.25, 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. Sec. D26-40.11 False statements punishable a. 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 he signed by the person authorized or required to submit such application or answer under the provisions of this title, or if such application or answer is authorized or required to be submitted by a corporation, by an officer thereof. b. 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. c. 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 D26-52.11 of this code. ---------------------------------------------------------------- ARTICLE 41: Registration Section D26-41.01 Registration; Time to File D26-41.03 Registration Statement; Contents D26-41.05 Registration Statement; Change of Ownership or Title D26-41.07 Registration Statement; Change of Address D26-41.09 Change of Managing Agent D26-41.11 Registration Statement; Lease of an Entire Multiple Dwelling D26-41.13 Extension of Time for Registration D26-41.15 Posting of Serial Number D26-41.17 Identification of Managing Agent or Owner to Tenant D26-41.19 Registration Statement; Proof of Contents D26-41.21 Failure to Register; Penalties D26-41.23 Exemption of New York City Housing Authority D26-41.25 Voluntary Registration of Mortgagees and Lienors ---------------------------------------------------------------- Sec. D26-41.01 Registration; time to file. a. The owner of a dwelling required to register under this article shall register with the department in accordance with the provisions of this article. b. A registration statement shall be filed: (1) For every existing multiple dwelling. A registration statement filed by the present owner of a dwelling pursuant to the requirements of the prior law shall constitute compliance with this section. (2) prior to the issuance of a certificate of occupancy, for any multiple dwelling hereafter erected, or any dwelling or building hereafter altered or converted to a multiple dwelling. (3) on or before July 1, 1970, for all one-and two-family dwellings whose owner does not reside within the city and thereafter not later than ten days after the owner of a one- or two-family dwelling removes his residence from the city. (4) within such time as provided in section D26-41.05, in the case of a change of ownership where registration is required under this article. c. An owner who is required to register shall file a new registration statement every three years. (Subd. c added by L. 1980, ch. 523, Effective June 24, 1980.) d. An owner who is required to register shall file a new registration statement on the registration date assigned to that dwelling by the department whether or not that owner filed a registration statement for that dwelling within the previous three years. (Subd. d added by L. 1981, ch. 93 June 9.) e. The registration date of a dwelling shall be a calendar date and year assigned by the department to that dwelling for the purpose of registration on such date at intervals of three years. (Subd. e added by L. 1981, ch. 193, June 9.) Sec. D26-41.03 Registration statement; contents. a. The registration statement shall include the following information: (1) An identification of the premises by block and lot number, and by the street numbers and names of all streets contiguous to the dwelling, or by such other description as will enable the department to locate the dwelling. (2) An identification of the owner by name, residence and business address. If the owner is a corporation, the identification shall include the name and address of such corporation together with the names, residences and business addresses of the officers. In the case of any class A multiple dwelling used for single room occupancy pursuant to section two hundred forty-eight of the multiple dwelling law, if the owner is a corporation, the identification shall also include the names and addresses of any person whose share of ownership of the corporation exceeds twenty-five percent. For the purposes of this subdivision, any person owning a share of a parent corporation shall he deemed to be an owner of a share of a subsidiary corporation equal to the product of the percentage of his ownership of the parent corporation multiplied by the percentage of the parent corporation's ownership of the subsidiary corporation. If the owner is under the age of eighteen years or has been judicially declared incompetent, his legal representative shall file the registration statement. (Subd. a. (2) amended by L. 1980, ch. 660, June 30.) (3) If the dwelling is a multiple dwelling, the name and address of a managing agent designated by the owner to be in control of and responsible for the maintenance and operation of such dwelling and to authorize, on behalf of the owner, the correction of any emergency conditions or the making of any emergency repairs for which the owner is responsible under the provisions of the multiple dwelling law or this code. To qualify for such designation, an agent shall be a natural person over the age of twenty-one years and shall reside within the city or customarily and regularly attend a business office maintained within the city. An owner or corporate officer who meets such qualifications may be designated to serve and registered as the managing agent. (4) If the dwelling is a multiple dwelling, the number of a telephone within a radius of 50 miles of the city limits 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 provision of the multiple dwelling law or this code. The department may promulgate regulations to implement the provisions of this paragraph. (5) If a dwelling is a one- or two-family dwelling and the owner does not reside within the city, 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. b. The registration statement shall be signed by the owner or, if the owner is a corporation, by any officer. In the appropriate case, either the managing agent or the designee described in subsection (a)(5) shall sign the statement to indicate consent to the designation except that such consent is not required if an owner or officer of a corporation is registered as the managing agent. c. The registration statement shall be filed on forms to be prescribed by the department and shall be accompanied by a filing fee of six dollars. In the case of an owner previously registered with the department, the filing of a supplemental registration containing a telephone number required under subsection (a)(4) shall he accompanied by a filing fee of four dollars. (Subd. c amended by L. L. 1976, No. 65, December 23) Sec. D26-41.05 Registration statement; change of ownership or title. a. When the owner of a dwelling, who is required to register under this article, conveys title to the dwelling to another, the transferor shall, on the day of such transfer, notify the department by regular mail of the name, residence and business address of the new owner, or, if the new owner is a corporation, of the name and address of such corporation. The registration statement in accordance with section D26-41.03 of this code shall be presented by the new owner to the office of the register of the city of New York, or the county clerk as required by subdivision (c) of this section if such owner records such deed, or to the department if the deed is not recorded, and in no event more than five days from the date of taking of title; however, the failure by a new owner to file such registration statement shall not impair the validity of his title. (Subd. a amended by L. 1978, ch. 664, July 25, eff. Sept. 1.) b. When the ownership of a dwelling changes by operation of law, the new owner, if required to register, shall file a registration statement in accordance with section D26-41.03 of this code not more than thirty days from the date that title devolved upon him. c. The office of the register of the city of New York or county clerk shall not record or accept for record any deed transferring title to real property or a lease or memorandum of lease of an entire multiple dwelling unless such instrument is accompanied by the registration statements required under this article, with their appropriate fees, or an affidavit stating that the deed, or lease or memorandum of lease does not affect a multiple dwelling and such registration is not required. Such registration statements and the fees therefore shall be forwarded to the department for filing and acceptance. (Subd. c amended by L. 1978, ch. 664, July 25, eff. Sept. 1.) Sec. D26-41.07 Registration statement; change of address An owner, who is required to register under this article, shall inform the department and shall amend his registration statement within five days if there is a change of address of the owner, a change in the list of officers of the owner corporation, or a change of address of any of such listed officers. No new filing fee shall be required for the amended registration statement. Sec. D26-41.09 Change of managing agent a. The owner may terminate the designation of a managing agent at any time by filing with the department a statement designating a qualified successor. b. The managing agent may terminate his agency, but such termination shall not become effective until eight days after the filing of written notice with the department and the service of a copy of such notice on the owner. The notice to the department shall set forth the registration number and address of the building and the name and address of the owner together with an affidavit of proof of service upon the owner. Service upon the owner may be made by delivery of a copy personally to the owner or any officer, if the owner is a corporation, by registered mail to the address of any owner or officer, as set forth in the registration statement, or by delivery of a copy to any person of suitable age and discretion at the address of the owner or any officer as set forth in the registration statement. Prior to the effective termination date, the owner shall file with the department a statement designating a qualified successor. c. If the designation of a managing agent shall cease to be effective as a result of death or judicial declaration of incompetence of the agent or his disqualification because of removal from New York City, the owner shall file a statement with the department within eight days thereafter designating a qualified successor. d. The redesignation of a managing agent shall comply with the requirements of section D26-41.03 and shall he accompanied by a filing fee of four dollars. (Subd. d amended by L. L. 1976. No. 65, December 23.) Sec. D26-41.11 Registration statement; lease of an entire multiple dwelling. a. When an entire multiple dwelling is leased, both the owner and lessee of such entire multiple dwelling shall file registration statements in accordance with all the provisions of this article. The registration statement of the lessee shall be presented to the office of the register of the city of New York or the county clerk as required by subdivision (c) of section D26-41.05 of this code if the lessee records such lease or memorandum of lease or to the department if the lease is not recorded, and in no event more than five days from the taking of possession. b. The obligation of the owner to comply with the requirement for designating a managing agent, the filing of an emergency telephone number as required by section D26-41.03 of this code and for the posting of the building serial number required in section D26-41.15 shall be deemed satisfied if the lessee complies with such requirements. c. If the lessee resides within the city or customarily and regularly attends a business office maintained within the city, the name and address of the lessee may be used in lieu of that of the registered owner in the issuance of rent bills or receipts required in section D26-41.17. (Amended by L. 1978, ch. 644, July 25, eff. Sept. 1.) Sec. D26-41.13 Extension of time for registration In any case where the owner or other person required to file is unable to comply with the registration requirements within the applicable time period specified in this article, the department may, upon good cause shown, extend the registration period and waive the penalties for failure to register set forth in section D26-41.21 during such period. Sec. D26-41.15 Posting of serial number An identification sign containing the dwelling serial number assigned by the department for the purpose of identifying the registered multiple dwelling and the owner and managing agent shall be posted in every multiple dwelling in the manner and location prescribed by the department. Sec. D26-41.17 Identification of managing agent or owner to tenant At the time of each rental payment, either a rent bill or receipt for such payment of rent shall be issued to the tenant of an apartment or rooming unit stating the name and New York city address of the managing agent (or of the designee described in section D26-41.03(a)(5)), as recorded in the current registration statement on file in the department. The registered name and address of the owner may be substituted for that of the managing agent if the owner resides or maintains an office where he customarily transacts business within the city. Sec. D26-41.19 Registration statement; proof of contents a. The failure of the owner or lessee of an entire multiple dwelling to produce the receipt issued by the department acknowledging the filing of a registration statement, or the failure of a managing agent to produce the receipt issued by the department acknowledging the filing of a notice of termination, shall he prima facie evidence of failure to comply with the provisions of this article. b. Any such registration statement shall be deemed prima facie proof of the statements therein contained in any action or proceeding instituted by a city agency or by a tenant against the owner, lessee of an entire multiple dwelling or managing agent. Sec. D26-41.21 Failure to register; penalties a. A person who is required to file a statement of registration or an amendment of a statement of registration or any other statement required under this article and who fails to file as required may, whenever appropriate, be punished under the provisions of article 52 of this code, and he shall he subject to a civil penalty of not less than two hundred and fifty and not more than five hundred dollars, recoverable by the department by civil action in a court of appropriate jurisdiction. b. An owner who is required to file a statement of registration under this article and who fails to file as required shall be denied the right to recover possession of the premises for non-payment of rent during the period of non-compliance, and shall, in the discretion of the court, suffer a stay of proceedings to recover rents, during such period. In any action to recover possession under section 711 of the real property actions and proceedings law, the owner shall set forth his registration number issued by the department, and shall allege that he has filed a statement of registration and shall annex a copy of the receipt of such registration to his petition. Sec. D26-41.23 Exemption of New York city housing authority The provisions of this article shall not be applicable to the New York city housing authority. Sec. D26-41.25 Voluntary registration of mortgagees and lienors Any mortgagee or lienor may register with the department upon payment of an annual registration fee of twenty-five dollars and by filing a registration statement on forms to be prescribed by the department including the following information: a. The name and address of the mortgagee or lienor. b. An identification of the premises in such manner as required by the provisions of section D26-41.03, or by the serial number, if any assigned, by the department pursuant to the provisions of section D26-41.15. c. The name or title and the address of the person to whom and where notices or orders may be given or sent and persons may be served, as provided in this code. ================================================================ SUBTITLE V. LEGAL REMEDIES AND ENFORCEMENT ARTICLE 50: Enforcement Actions and Proceedings in General Section D26-50.01 Style of Legal Actions by Department; Disposition of Moneys Collected D26-50.03 Moneys Collected by Department Payable to Special Repair Fund D26-50.05 Liability of the Department for Costs D26-50.07 Notice of Pendency of Action D26-50.09 Service of Civil Process (Repealed by L. 1973, ch. 701, June 11.) D26-50.11 Responsibility of Stockholders of Corporations Owning Multiple Dwellings Declared Nuisances ---------------------------------------------------------------- Sec. D26-50.01 Style of legal actions by department; disposition of moneys collected a. All actions or proceedings instituted to recover penalties imposed by this code, or to recover any costs, expenses and disbursements incurred by the department for the repair or rehabilitation of a dwelling that are reimbursable under the provisions of this code. shall he brought in the name of the department by the corporation counsel. b. All moneys recovered under this section shall be paid to the city officer who brings such actions and proceedings. Such officer shall pay the moneys to the director of finance each month. The officer, on the first of each month, shall report to the commissioner of the department on the amount collected under this section, if any, and the necessary disbursements incurred in the prosecution of such actions and proceedings, if any. D26-50.03 Moneys collected by department payable to special repair fund All penalties and all other moneys recovered for costs, expenses and disbursements that are reimbursable under this code for the repair or rehabilitation of a dwelling shall be paid into a separate fund in the treasury of the city. Such fund shall be available to the department for the purpose of meeting the costs, expenses and disbursements for the repair or rehabilitation of dwellings pursuant to the provisions of this code. D26-50.05 Liability of the department for costs Neither the city nor the department nor any officer or employee thereof shall be liable for costs in any action or proceeding brought under this code. D26-50.07 Notice of pendency of action a. In any action or proceeding brought by the department, it may file a notice of pendency in the county clerk's office in the county where the premises affected by the action or proceeding are located. The department may file such notice at any time after it serves the notice of violation or order to repair, or at the time it commences the action or proceeding, or any time thereafter, before final judgment or order. b. The corporation counsel shall designate in writing on such notice of pendency the name of each person against whom the notice is filed and the number of each block on the land map of the county which is affected by the notice. The county clerk in whose office a notice of pendency is filed shall record and index such notice against the names and blocks designated. c. A notice of pendency may be vacated by order of a judge of the court where such action or proceeding was brought or is pending, or by the written consent of the corporation counsel. The clerk of the county where such notice is filed shall cancel the notice upon receipt of such written consent or a certified copy of such order. Sec. D26-50.09 Service of civil process (Repealed by L. 1973, ch. 701, June 11.) Sec. D26-50.11 Responsibility of stockholders of corporations owning multiple dwellings declared nuisances a. The term "nuisance" shall be held to embrace public nuisance as known at common law or in equity jurisprudence. Whatever is dangerous to human life or detrimental to health, and whatever dwelling is overcrowded with occupants or is not provided with adequate ingress or egress or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use, and whatever renders the air or human food or drink unwholesome, are also severally, in contemplation of this section, nuisances. All such nuisances are unlawful. b. Whenever the department shall certify that any multiple dwelling, or any part of its premises, or the plumbing, sewerage, drainage, lighting or ventilation thereof, is in a condition or in effect dangerous to life or detrimental to health, the department may, after giving notice to the owner and an opportunity to be heard at a hearing held for such purpose, declare the same, to the extent it may specify. a public nuisance. Such declaration shall be filed in the central violation file as provided by section 328 of the multiple dwelling law, if applicable, or as a public record in the department. The officers of a corporation upon which notice of such hearing has been served, other than 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 corporations shall serve similar notice on all stockholders of record of the corporation and other persons known to be stockholders or beneficial owners of the stock of the corporation. A stockholder upon whom such notice has been served shall serve similar notice upon any persons holding a beneficial interest in his stock. (Subd. b amended by L. L. 1969, No. 18, May 12.) c. The department may order such nuisance to be removed in accordance with the provisions of article fifty-four of this code, and if any order of the department is not complied with, then, as an alternative to proceeding under the provisions of article fifty-four of this code, if the multiple dwelling involved shall have been declared to be a public nuisance pursuant to subsection (b) of this section, and such declaration shall have been filed as therein provided, the department or a receiver appointed pursuant to article fifty-five of this code or section 309 of the multiple dwelling law or any tenant of such multiple dwelling may institute and maintain an action in the Supreme Court or in the housing part of the New York City Civil Court in the county where the multiple dwelling is located against any owner or owners to whom the order was issued pursuant to section D26-54.01 of this code for an order compelling such owner or owners to comply with the department's order and, if such action be brought by such receiver or tenant, for payment of the costs and disbursements of the action including legal fees. Except as owners may have otherwise agreed, any owner who removes or remedies the nuisance in compliance with an order of the department or court shall be entitled to recover a proportionate share of the total expense of such compliance from all other owners to whom the department's order was issued or to whom such owner sent a copy of the department's order within thirty days of receipt of same by registered mail. (Subd. c amended by L. 1973, ch. 701, June 11.) d. Whenever a multiple dwelling shall have been declared a public nuisance to any extent pursuant to subsection (b) of this section and such declaration shall have been filed as therein provided, the term "owner" shall be deemed to include, in addition to persons mentioned in the definition of the term in section four of the multiple dwelling law, all the officers, directors and persons having an interest in more than 10 per cent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such owner be a corporation other than 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 and thereupon any corporation which is included in the term "owner" as provided in this subsection (d) shall file an additional statement of registration within ten days which shall contain the name and residence and business address of each director and stockholder of the corporation and of each person known to have any beneficial interest in such stock. (Subd. d amended by L. L. 1969, No. 18, May 12) e. Whenever a multiple dwelling shall have been declared a public nuisance to any extent pursuant to subsection (b) of this section, and such declaration shall have been filed as therein provided, all officers, directors and persons having an interest, as holder or beneficial owner thereof, in more than ten per cent of the issued and outstanding stock of any corporation other than 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, then in operation and control of such multiple dwelling, shall, in addition to all other liabilities and penalties provided in this code and elsewhere, be jointly and severally liable for all injury to person or property thereafter sustained by any tenant of such multiple dwelling or any other person by reason of the condition constituting such public nuisance and for all costs and disbursements including attorney's fees of any suit brought by such tenant or other person (Subd. e amended by L. L. 1969, No. 18, May 12.) f. No civil or criminal liability or penalty shall attach to any person by reason of his ownership or beneficial ownership of stock in a corporation owning a multiple dwelling declared to be a public nuisance pursuant to subsection (b) of this section because of his failure to comply with any of the provisions of this code, whose interest in such corporation is less than 25 per cent of the issued and outstanding stock thereof, as owner or beneficial owner thereof, and who has sustained the burden of proving that he has not participated directly or indirectly in the management, operation or control of such multiple dwelling. g. No civil or criminal liability or penalty shall attach to any person by reason of his ownership beneficial ownership of stock in a corporation owning a multiple dwelling declared to be a public nuisance pursuant to subsection (b) of this section because of his failure to comply with any of the provisions of this code unless and until he has had a reasonable period of time to comply following his having become an owner as defined in this code. h. No civil or criminal liability or penalty shall attach to any person who shall by operation of law become an owner of a multiple dwelling then or thereafter certified and declared a public nuisance to any extent pursuant to subsection (b) of this section, or the holder or beneficial owner of stock in such owner, if a corporation, because of his failure to comply with any of the provisions of this code and of the multiple dwelling law for a period of six months after he acquired ownership of said multiple dwelling or the stock or beneficial interest in the stock of a corporation which is the owner. ---------------------------------------------------------------- ARTICLE 51: Civil Penalty* * Added by L. 1972, ch 982, June 8, 1972, eff April 19, 1973 except subdivisions (d) and (e) of Sec. D26-51.01 eff June 8, 1972. Subsequent amendments indicated in text. Section D26-51.01 Imposition of Civil Penalty D26-51.03 Enforcement of Civil Penalties, Powers of Housing Part of the Civil Court, Collection of Judgment D26-51.05 Stay of Accumulation of Per Diem Penalties During Pendency of Action ---------------------------------------------------------------- D26-51.01 Imposition of civil penalty. a. A person who violates any law relating to housing standards shall be subject to a civil penalty of not less than ten dollars nor more than fifty dollars for each non-hazardous violation, not less than twenty-five dollars nor more than one hundred dollars and ten dollars per day for each hazardous violation, and twenty-five dollars per day for each immediately hazardous violation from the date set for correction in the notice of violation until the violation is corrected. A person willfully making a false certification of correction of a violation shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred fifty dollars for each violation falsely certified, in addition to other penalties herein provided. b. The department shall serve a notice of violation upon the owner, his agent or other person responsible for its correction. The notice shall identify the condition constituting the violation, the provisions of law applicable thereto, the department's order number, the classification of the violation according to its degree of hazard, the time for certifying the correction of such violations and the amount of the possible penalty. It shall also advise that the department will, if requested, confer with the owner or his representative concerning the nature and extent of the work to be done to insure compliance and the methods of financing such work. In any case where the provisions of this section authorize the service of such notice by mail, the statement of any officer, clerk, or agent of the department, or of anyone authorized by the department to mail such notice of violation, subscribed and affirmed by such person as true under the penalties of perjury, which describes the mailing procedure used by the department or the department's mailing vendor, or which states that these procedure were in operation during the course of mailing a particular cycle of notices of violations, shall be admitted into evidence as presumptive evidence that a regular and systematic mailing procedure is followed by the department for mailing of its notices of violation. Where the department introduces into evidence the business records which correspond to the various stages of the mailing of a particular cycle of notices of violations pursuant to subdivision (c) of rule forty-five hundred eighteen of the civil practice law and rules, then a presumption shall have been established that the mailing procedure was followed in the case of such cycle, and that such notice of violation has been duly served. (Amended by L. 1976, ch. 825, July 26; L. 1981, ch. 839, July 31.) c. The said notice of violation shall also shall also specify the date by which each violation shall be corrected. Such date shall he: (1) Ninety days from the date of mailing of the notice in the case of non-hazardous violations; (2) thirty days from the date of mailing of the notice in the case of hazardous violations; and (3) twenty four hours in the case of immediately hazardous violations in which case the notice shall be served by personal delivery to a person in charge of the premises or to the person last registered with the city as the owner or agent, or, by registered or certified mail, return receipt requested, to the person in charge of the premises or to the person last registered with the department as the owner or agent; provided that where a managing agent has registered with the department, such notice shall be served on the managing agent. Service of the notice should be deemed completed five days from the date of mailing. The department shall postpone the date by which a violation shall be corrected upon a showing that prompt action to correct the violation has been taken but that full correction cannot be completed within the time provided because of technical difficulties, inability to obtain necessary materials, funds, or labor, or inability to gain access to the dwelling unit wherein the violation occurs or such other part of the building as may be necessary to make the required repair. In the case of immediately hazardous violations such showing must be made prior to the close of business on the next full day the department is open following the period set for correction. The department may condition such postponement upon the applicant's written agreement to correct all violations placed against the premises by the department or other appropriate governmental agency and to satisfy within an appropriate period or time, all sums owing to the department for repairs made to said premises. The department may require such other conditions as are deemed necessary to insure correction of the violations by the postponement. The department shall prepare a written statement signed and dated by the person making such decision setting forth the reasons for the postponement of the date by which a violation shall be corrected or the reason for the denial of such application for postponement and said written statement shall be part of the record of the department. d. On or before September first, nineteen hundred seventy-two the department shall classify all violations of the multiple dwelling law, the housing maintenance code and other applicable state and local law as non-hazardous, hazardous and immediately hazardous, secure the approval thereof by the advisory council to the housing part of the civil court of the city of New York and publish such classification in The City Record. Such classification shall be based on the effect of the violation upon the life, health or safety of the occupants of the building and upon the public. After October first, nineteen-seven-two and prior to October fifteen nineteen hundred seventy-two, the department shall hold a public hearing on the proposed classifications. Notice of such public hearing shall be published in The City Record not less than thirty days prior to the hearing. Within fifteen days after the conclusion of the said hearing, the department shall forward to the advisory council the list with such proposed changes as it may recommend for their approval. Within ten days of the receipt of such list, the advisory council shall advise the department as to which changes they have approved. The department shall thereupon, within five days, cause the list, together with such changes as have been approved to be published once each week for two successive weeks in The City Record. Any person who may be aggrieved as an owner or tenant may, within thirty days of such first publication seek a review of the department's action, provided that no such review shall stay the effectiveness of such list or the operation of the housing part of the civil court of the city of New York. Thereafter, and from time to time, the department may modify the list with the approval of the advisory council after publication, and public hearing as provided for the original list. e. In the event the department fails to promulgate such list as above provided, or to take any step in connection therewith within the time provided, the administrative judge of the civil court and the judicial conference may take such action as the deem necessary to insure the establishment of the housing part of the New York city civil court and its operation on April first, nineteen hundred seventy-three, as provided by law. f. (1) The notice of violation shall direct that when any violations of a particular class have been corrected, they shall be certified at one time to the department. Such certification shall be made in writing, under oath by the registered owner, a registered officer or director of a corporate owner or by the registered managing agent. Such certification shall be delivered to the department and acknowledgment of receipt therefor obtained or shall be mailed to the department by certified or registered mail, return receipt requested, no later than fourteen days after the date set for correction in the case of non-hazardous and hazardous violations, and no later than five days after the date set for correction in the case of immediately hazardous violations, and shall include the date when each violation was corrected. Such certification of correction shall be supported by a sworn statement by the person who performed the work if performed by an employee or agent of the owner. (2) A copy of such certification shall then be mailed not more than twelve calendar days from the date of receipt of notification to any complainant by the department. (3) Such violation shall be deemed corrected seventy days from the date of receipt of such certification by the department unless the department has determined by a reinspection made within such period that the violation still has not been corrected and has recorded such determination upon its records and has notified the person who executed the certification by registered or certified mail to the address stated in the certification that it has been set aside and the reasons therefore, a copy of such notice shall be sent to the complainant. (4) If the department does not inspect the premises after notification by the complainant that a violation has not been corrected, any tenant affected by such false certification shall have the right to apply to the court for a determination of violation as provided in subdivision (h) of this section, at which time the court shall assess appropriate penalties as provided in this section for any willfully false certification it finds. (5) Upon receipt of notice that the certification has been set aside the owner or his agent shall then have a right to apply to the court for a determination that such violation was corrected. Notice of such right shall appear on each notice that a certification has been set aside. (6) Notwithstanding the foregoing, in the event an owner files with his certification a copy of a contract of sale or letter of commitment for a mortgage or refinancing of a mortgage covering the premises and further certifies that such sale or mortgage transaction is to occur within one hundred days of such certification, such violation shall be deemed corrected thirty days from the date of receipt of such certification by the department, unless the department has determined by reinspection made within such period that the violation still has not been corrected, has recorded such determination upon its records and has given notice of such determination to the owner, and has thereafter brought an action within thirty days to set aside such certification, to impose a penalty for false certification and to collect such other penalties as have accrued, provided that in all such cases, the department shall make such reinspection. (7) Failure to file such certification of compliance shall establish a prima facie case that such violation has not been corrected. (Subd. amended by L. 1977, ch. 556 Aug. 1.) g. When there are a number of separate instances of a single condition which violates any housing standard established by law, such separate instances shall be treated collectively as a single violation with respect to any one dwelling unit, or with respect to the public area of a building, but nothing contained in this subdivision shall limit the number of violations for which a penalty under this section may be collected with respect to each dwelling unit or the public area of a building. h. Should the department fail to issue a notice of violation upon the request of a tenant or group of tenants within thirty days of the date of such request, of if there is a notice of violation outstanding respecting the premises in which the tenant or group of tenants reside, the tenant or any group of tenants, may individually or jointly apply to the housing part for an order directing the owner and the department to appear before the court. Such order shall be issued at the discretion of the court for good cause shown, and shall be served as the court may direct. If the court finds a condition constituting a violation exists, it shall direct the owner to correct the violation and upon failure to do so within the time set for certifying the correction of such violation pursuant to subdivision (c) of this section, it shall impose a penalty in accordance with subdivision (a) of this section. (Subd. amended by L. 1977, ch. 849, Aug. 11, eff. Sept. 1; L. 1979, ch. 37, April 5) i. In the event an owner fails to correct a violation within the time specified in a notice of violation sent to the owner, his agent or other person responsible for its correction pursuant to subdivision (b) of this section, or within any additional time granted pursuant to subdivision (c) of this section. and no certification of correction with respect to such violation has been filed by the owner or his registered managing agent in accordance with the provisions of subdivision (f) hereof, then at any time after thirty days have elapsed from the date such violation was to be corrected, any tenant or group of tenants who requested that the violation be issued may apply individually or jointly, to the housing part for an order directing the owner and the department to appear before the court. Where the violation is hazardous or immediately hazardous, the thirty-days requirement shall be waived. Said order shall be issued by the court for good cause shown. If the court finds that the violation has not been corrected, that more than thirty days have elapsed since the time to correct has expired, where a violation is non-hazardous and that no certification of correction has been filed in accordance with the provisions of subdivision (f) hereof, then it shall direct the owner to correct the violation and shall assess penalties as provided in subdivision (a) of this section. (Subd. i added by L. 1974, ch. 865. June 10; L. 1979, ch. 37, April 5; L. 1979, ch. 43, April 6.) j. If a tenant seeks an order directing the owner and department to appear before the court pursuant to subdivision (h) or (i) of this section, the court may allow service of the order by the tenant by certified or registered mail, return receipt requested. (Subd. j added by L. 1980, ch. 526. Effective June 24, 1980.) k. (1) Notwithstanding any other provision of law, a person who violates section D26-17.01, subdivision a of section D26-17.03, D26-17.05, D26-17.07 or D26-17.09 shall be subject to a civil penalty of two hundred fifty dollars per day for each violation from the date the violation is placed until the date the violation is corrected and a person who violates subdivision b of section D26-17.03 shall be subject to a civil penalty of twenty-five dollars per day from the date the violation is placed until the date the violation is corrected but no less than one thousand dollars. (2) Notwithstanding any other provision of law, the department shall serve a notice upon the owner, his agent or other person responsible for the correction of violations by affixing such notice in a conspicuous place on the premises. This first notice shall identify the condition constituting the violation, the date the violation was reported and set the penalty attendant thereto. In addition, the department shall mail another notice to the person in charge of the premises or to the person last registered with the department as the owner or agent; provided that where a managing agent has registered with the department, such notice shall be served on the managing agent. This second notice shall identify the condition constituting the violation, the provision of law applicable thereto, the department order number, the classification of the violation according to its degree of hazard and the amount of the penalty. It shall also advise that the department will, if requested, confer with the owner or his representative concerning the nature and extent of the work to be done to insure compliance and the methods of financing such work. (3) Notwithstanding any other provision of law, the owner shall be responsible for the correction of all violations placed pursuant to article seventeen of this code, but in an action for civil penalties pursuant to this article may in defense or mitigation of his liability for civil penalties show: (i) That the condition which constitutes the violation did not exist at the time the violation was placed; or (ii) That he began to correct the condition which constitutes the violation promptly upon discovering it but that full correction could not be completed expeditiously because of technical difficulties, inability to obtain necessary materials, funds or labor, or inability to gain access to the dwelling unit wherein the violation occurs, or such other portion of the building as might be necessary to make the repair; or (iii) That he was unable to obtain a permit or license necessary to correct the violation, provided that diligent and prompt application was made therefore, or (iv) That the violation giving rise to the action was caused by the act or negligence, neglect or abuse of another not in the employ or subject to the direction of the owner. Where the aforesaid allegations are made by way of mitigation of penalties, the owner shall show, by competent proof, pertinent financial data, and efforts made to obtain necessary materials, funds or labor or to gain access, or to obtain a permit or license and such other evidence as the court may require. If the court finds that sufficient mitigating circumstances exist, it may remit all or part of any penalties arising from the violation, but may condition such remission upon a correction of the violation within a time period fixed by the court. (Subd. k added by L. L. 1981, No. 76, Oct. 1, 1981, eff. Oct. 31, 1981.) Sec. D26-51.03 Enforcement or civil penalties; powers of housing part of the civil court, collection of judgment (a) The department may bring an action in the housing part of the New York city civil court for the recovery of civil penalties, together with costs and disbursements. Leave of court, obtained by motion to the housing part thereof, shall be required for disclosure or for a bill of particulars, except for a notice under section 3123 of the CPLR, which shall be granted only upon a showing that such disclosure or bill of particulars is necessary to the prosecution or defense of the action. If it is so noted on the summons, any motion for disclosure or a bill of particulars must be made in writing and on notice and must be filed with the clerk with proof of service no later than thirty days after joinder of issue. If there is no such notation, a party may demand that all motions for disclosure and bill of particulars be made within thirty days after service thereof or within such further time as the court may allow upon the basis of an application for further time made during such twenty day period. (Amended by L. 1977, ch. 491, Aug. 1.) (b) The owner shall be responsible for the correction of all violations, but in an action for civil penalties may in defense or mitigation of his liability for civil penalties show: (1) That the violation or violations were corrected within the time specified in the notice of violation and the certificate of compliance was duly filed, or (2) That the violation did not exist at the time the notice of violation was served; or in mitigation or remission of his liability for civil penalties show: (i) That he began to correct the violation promptly upon receipt of the notice of violation, but that its full correction could not be completed within the time provided because of technical difficulties, inability to obtain necessary materials, funds or labor, or inability to gain access to the dwelling unit wherein the violation occurs, or such other portion of the building as might be necessary to make the repair, or (ii) That he was unable to obtain a permit or license necessary to correct the violation, provided that diligent and prompt application was made therefor, or (iii) That the violation giving rise to the action was caused by the act or negligence, neglect or abuse of another not in the employ or subject to the direction of the defendant. Where the aforesaid allegations are made by way of mitigation of penalties, the owner shall show, by competent proof, pertinent financial data, and efforts made to obtain necessary materials, funds or labor or to gain access, or to obtain a permit or license and such other evidence as the court may require. If the court finds that sufficient mitigating circumstances exist, it may remit all or part of any penalties arising from the violation, but may condition such remission upon a correction of the violation with a time period fixed by the court. (c) A defendant in an action for civil penalties who asserts that a violation was caused by the act negligence, neglect or abuse of a third party who has commenced an action against such third party and may request the court to permit consolidation of defendant's action for the reasonable cost of such correction against such third party with the pending action for penalties, or if no other action is then pending against such third party, defendant may make application to implead the party alleged to have caused the act, negligence, neglect or abuse. Upon a finding that the violation in issue was caused by such third party, a judgment shall be entered against such third party in favor of the defendant for the reasonable cost of such correction. (d) When the department obtains a determination in an action under this article against an owner, judgment may be entered against the premises which shall constitute a lien when a transcript of such judgment is filed in the office of the county clerk in the manner prescribed for the filing or judgments and may be enforced against the premises, and, if such judgment remains unsatisfied for ninety days, as a levy upon the rents, pursuant to section D26-57.11.* (Amended by L. 1973, ch. 701, June 11; L. 1973, ch. 703, June 11) Sec. D26-51.05 Stay of accumulation of per diem penalties during pendency of action (a) In any action for penalties under this article, the defendant may move at any time before the trial of the case for an order to stay the further accumulation of the per diem penalty from the day the action is commenced until the same is finally terminated by judgment or otherwise, including the time necessary for judicial review. The housing part of the civil court shall grant the motion if the defendant shows to the satisfaction of the court that there is a substantial and real issue of fact or law concerning the existence of the violation charged. The court may impose such conditions on the granting of the motion as justice may require. (b) Nothing in this article shall prevent an owner from contesting the finding of a violation by the department, in advance of the department's action for the collection of penalties in the housing part of the civil court of the city of New York or by any other means provided by law. In any such action or proceeding, the court may stay the further accumulation of the per diem penalty in the same manner and under the same conditions as provided in subdivision (a). (Added by L. 1972, ch. 982, June 8, 1972, eff. April 19, 1973 except that subdivisions (d) and (e) of Sec. D26-5 1.01 shall take effect June 8, 1972.) ---------------------------------------------------------------- ARTICLE 52: Criminal Penalty Section D26-52.01 Penalties; Willful or Reckless Violations; False Statements D26-52.03 Penalties; Refusal to Admit and Interference with Inspection; Failure to Submit Reports ---------------------------------------------------------------- Sec. D26-52.01 Penalties; willful or reckless violations; false statements (a) Any person who (1) Willfully or recklessly violates any provisions of this title; or (2) Willfully or recklessly violates, or fails to comply with, any requirement of an order of the department, or (3) Willfully makes, or causes any other person to make, any false or misleading statement on any registration statement, notice or other document required to be filed pursuant to this title, or on any application, or any accompanying document, for the granting of any permit or any other action by the department pursuant to this title, shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars nor more than one thousand dollars for each such violation, or by imprisonment up to one year, or by both such fine and imprisonment. (b) A person commits a willful violation when he intentionally acts, or intentionally fails to act, to cause a desired result that violates this title. A person commits a reckless violation when he acts, or fails to act with a conscious disregard of a substantial risk that the act or failure to act will result in a condition, constituting a violation of this code, which will endanger the life, health or safety of another person. (c) In a prosecution for a willful or reckless violation of a provision of this title evidence of prior service of civil process or of prior judgments for civil penalties arising from the same violation, and relating to the same dwelling, shall be admissible on the issue of the defendant's knowledge of the existence of the violation. (d) Evidence that the defendant had knowledge or notice of the violation and failed to correct the same for more than six months or take reasonable action to explain to the department this failure or inability to make the correction shall be relevant on the issue of the willfulness of defendant's action. This subdivision shall not be construed to prevent conviction for a willful violation on other grounds. (Amended by L. 1972, ch. 982, June 8, 1972, eff. April 19, 1973.) Sec. D26-52.03 Penalties; refusal to admit and interference with inspection; failure to submit reports Any person (1) who refuses entry, or access to an officer or inspector of the department to any premises or part thereof that the officer or inspector is lawfully authorized to inspect, or who unreasonably interferes with an authorized inspection; or (2) who fails to file any report or other paper which he is required to file, under this code, except a statement of registration or other paper under article 41, shall be guilty of an offense, punishable by a fine of not more than fifty dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment. ---------------------------------------------------------------- ARTICLE 53: Injunctive Relief Section D26-53.01 Injunctions; Mandatory and Prohibitory D26-53.03 Injunctive Relief in Other Actions; Powers of the Court D26-53.05 Preliminary Injunctions D26-53.06 Court Order of Access to Inspect Premises D26-53.07 Failure to Comply with Judicial Order ---------------------------------------------------------------- Sec. D26-53.01 Injunctions; mandatory and prohibitory The department may institute an action in a court of competent jurisdiction for an order requiring the owner of property or other responsible person to abate or correct any violation of this code, or to comply with an order or notice of the department, or for such other relief as may he appropriate to secure continuing compliance with this code. An action for injunctive relief hereunder may be brought in addition to other sanctions and remedies for violations of the code, or may be joined with any action for such other sanctions and remedies except criminal prosecution. Sec. D26-53.03 Injunctive relief in other actions; powers of the court In any action or proceeding brought in the housing part of the New York city civil court, the court on motion of any party or on its own motion, may issue such preliminary, temporary or final orders requiring the owner of property or other responsible person to abate or correct violations of this code, or to comply with an order or notice of the department, or to take such other steps as the court may deem necessary to assure continuing compliance with the requirements of this code, including direction of correction of violations of this code by a contractor, materialman or municipal department and payment of rent or release of funds deposited with the court in an appropriate amount to (i) such contractor or materialman upon the proper presentation of bills for the correction of such conditions or (ii) such municipal department. (Amended by L. 1977, ch. 374, July 6.) Sec. D26-53.05 Preliminary injunctions Upon application by the department pursuant to CPLR section 6311 supported by affidavit setting forth the facts showing the reasons therefor, a court of competent jurisdiction, or any judge of such court, may issue a preliminary order to correct or abate violations of this code, or to comply with an order or notice of the department, as the court may deem necessary to protect the health and safety of the occupants of a building until the entry of a final judgment or order. D26-53.06 Court order of access to inspect premises a. A judge of any civil court of competent jurisdiction may, upon appropriate application by the department supported by an affidavit or affirmation, issue an order directing that access be provided to an officer or inspector of the department to any premises or part thereof, whenever an inspection of any premises or part thereof is required or authorized by any state or local law or regulation or entry to such area is necessary for correction of a condition violating such law or regulation. b. If the application is found appropriate, the court may issue an order to show cause why the order of access should not be issued. If the respondent cannot with due diligence be served personally within the time fixed in such order, service may be made on such person by posting a copy thereof in a conspicuous place in the premises to which access is sought and by sending a copy thereof by certified mail, return receipt requested, to such person at his last known address. c. The court shall set in the order of access specific dates and times for access. d. The person, officer or inspector gaining access shall, before entry, give notice of his authority and purpose to any occupant of the premises and show him the order or a copy thereof upon request. e. A person who does not provide access or refuses, after service of certified copy of the order upon him, to allow access to the person authorized to enter may be found guilty of contempt of court and may be required to pay a fine of a maximum of two hundred and fifty dollars for willfully failing to provide or refusing to allow access. Service of the order shall be as the court directs or by personal service but if such cannot be made with due diligence within five days, service may be made by posting a copy of the order in a conspicuous place in the premises which is the subject of the order, and by sending a copy thereof by certified mail, return receipt requested, to such person at his last known address. Such person shall not be in contempt of court or be required to pay a fine if he establishes good and sufficient reason for a failure to be present when access was demanded. f. Nothing herein shall be deemed to authorize an officer or inspector of the department to enter any premises or part thereof if a person to whom an order is directed does not provide or refuses access. g. Nothing herein shall affect the validity of inspections authorized and conducted under any other provision of law, rule or regulation without the issuance of an inspection warrant as provided in this article. (Added by L. 1977, ch 851, Aug. 11.) Sec. D26-53.07 Failure to comply with judicial order A person who fails to comply with an order issued pursuant to this article by a court of competent jurisdiction or by a judge of such a court shall be punished in accordance with section 5104 of the CPLR and article 19 of the judiciary law. ---------------------------------------------------------------- ARTICLE 54: Repairs by Department Section D26-54.01 Power to Cause or Order Correction of Violations D26-54.02 Registration of Lead Paint Violations, Enforcement D26-54.03 Corrective Action Pursuant to Court Order D26-54.05 Recovery of Expenses D26-54.07 Statement of Account ---------------------------------------------------------------- Sec. D26-54.01 Power to cause or order correction of violations a. Whenever the department determines that because of any violations of this title or other applicable law, any dwelling or part of its premises is dangerous to human life and safety or detrimental to health, it may (1) correct such conditions, or (2) order the owner of the dwelling or other responsible party to correct such conditions. b. Where the department determines that any violation of this title or other applicable law exists in any dwelling or part of its premises, it may order the owner of the dwelling or other responsible party to correct such conditions. c. An order issued pursuant to the preceding subdivisions shall state the violations involved and the corrective action to be taken, and shall fix a time for compliance, which shall be not less than 21 days from the date of service of the order, except that where a condition dangerous to human life and safety or detrimental to health exists or is threatened, a shorter period for compliance may be fixed. d. Any order not complied with within the stated time for compliance may be executed by the department. Where a multiple dwelling has been declared a public nuisance pursuant to Sec. D26-50.11 of this code, and an order to correct the conditions constituting the nuisance has not been complied with, the department shall execute the order pursuant to this subsection or institute proceedings pursuant to article 55 of this code. (Amended by L. L. 1971, No. 10, Jan. 22.) Sec. D26-54.02 Registration of lead paint violation; enforcement a. The department shall maintain a register in each borough of all certifications of lead paint violations made to it by the department of health and such register shall also he open to the public. The department of health shall maintain a register in each borough for recording all complaints, inspections, examinations and laboratory tests with respect to lead paint levels in housing accommodations which are determined to be violations. Such register shall indicate the date of the complaint, the address of the dwelling premises, the action taken pursuant thereto and shall be open for inspection to the public. b. Whenever a complaint has been made with respect to lead paint levels in housing accommodations which would constitute a violation or such condition has been otherwise determined to be possibly present, the department of health shall make an inspection to determine if the condition is at a level which constitutes a danger to life, health or safety. If the owner fails to comply with an order of the department of health to correct the violation, the department of health shall certify such conditions to the department. The procedure of certification shall be completed within sixteen days from receipt of complaint or inspection or examination, whichever occurs first. The conditions so certified shall be corrected within eighteen days of certification to the department. If such conditions are not corrected within the eighteen days after certification by the department of health to the department and continue to exist in excess of 72 hours thereafter and are also the subject of an Article 78 proceeding commenced by the tenants, the supreme court, after a hearing which shall be held under section CPLR 7804(h), shall order and direct the department to correct such conditions within a period fixed by the court which shall not exceed the minimum time reasonably required to remedy such conditions. c. No court order shall be issued under this section unless all unpaid rents have been deposited with the court. Any such court order shall include a direction to the petitioning tenants to deposit all future rents with the court as they come due. All such rents shall be turned over to the department for payment of the reasonable cost Of the remedial work until full reimbursement has been made for the work performed by it or under its supervision. (Added by L. L. 1972, No. 50, June 29.) Sec. D26-54.03 Corrective action pursuant to court order a. The department may elect to proceed to take action to correct violations under this article pursuant to a prior court order. If the department so elects, it may serve, with any order served pursuant to section D26-54.01 (a) or (b), a notice that upon failure to comply with the order within the stated time the department may apply for a court order directing it to execute the repair order. b. Upon failure to comply with the repair order within the time fixed therein, The department may apply to a court of competent jurisdiction for an order directing the owner and any mortgagees or lienors of record to show cause why the department should not be directed to execute the order, and obtain a lien for the costs of such execution which shall have priority over all other liens and encumbrances. The application shall identify the dwelling, describe the violations covered by the repair order, the work required to remedy such violations and an estimate or the cost thereof, and contain proof of service of the repair order as required by this section. c. The order to show cause shall be served in the manner prescribed for service of an order to show cause in a receivership proceeding by section D26-55.005(c). d. On the return date of the order to show cause, determination thereof shall have precedence over every other business of the court unless the court shall find that some other pending proceeding having similar statutory preference, has priority. If the court finds that the facts stated in the application warrant the granting thereof, it shall issue an order directing the department to proceed to execute its repair order, or such part thereof as remains unexecuted. e. If the owner or any mortgagee or lienor of record or other person having an interest in the property, shall apply to the court to be permitted to remove or remedy the violations specified in the repair order and shall (1) demonstrate the ability promptly to undertake the work required; and (2) post security for the performance thereof within the time, and in the amount and manner deemed necessary by the court, then the court in lieu of issuing an order as provided in subdivision d of this section, may issue an order permitting such person to perform the work within a time fixed by the court. f. If, after issuance of an order pursuant to subdivision e or this section, but before the time fixed in such order for the completion of the work prescribed therein, it shall appear to the department that the person permitted to do the same is not proceeding with due diligence, the department may apply to the court on notice to those persons who have appeared in the hearing under subdivision d of this section for a hearing to determine whether an order should be rendered immediately as provided in subdivision g of this section. g. If, upon a hearing authorized in subdivision f of this section, the court shall determine that such person is not proceeding with due diligence, or upon the failure of such person to complete the work in accordance with the provisions of said order, the court shall order the department to execute or complete the execution of said order. Such order shall direct the department to apply the security to the expenses incurred in the execution of the repair order. In the event that such security should exceed the amount required to remove or remedy such violations, such order shall direct the department to file with the court, upon completion of the work prescribed therein, a full accounting of the amount of such security and the expenditures made pursuant to such order, and to turn over such surplus to the person who posted such security together with a copy of such accounting (Amended by L. L. 1971, No 10, Jan. 22.) Sec. D26-54.05 Recovery of expenses All expenses incurred by the department pursuant to section D26- 54.01 or section D26-54.03 shall constitute a debt recoverable from the owner and a lien upon the building and lot, and upon the rents and other income thereof. The provisions of article 57 shall govern the effect and enforcement of such debt and lien (Amended by L. L. 1971, No 10, Jan 22.) Sec. D26-54.07 Statement of Account Whenever the department has incurred expenses for the repair of a dwelling or for the elimination of any dangerous or unlawful conditions therein, pursuant to this article or any other provision of the administrative code, it may serve upon the owner in the manner provided in section D26-40.09 of this code a statement of the expense incurred and a demand for payment thereof. If the owner does not within thirty days of service of such statement, notify the department in writing of his objection to the statement of expenses or any individual item therein, such owner may not in any subsequent judicial or administrative proceeding contest any item contained in such statement (Amended by L. L. 1971, No 10, Jan 22.) ---------------------------------------------------------------- ARTICLE 55: Receivership Section D26-55.01 Grounds for Appointment of Receiver D26-55.03 Notice to Owner, Mortgagees and Lienors D26-55.05 Order to Show Cause D26-55.07 Temporary Appointment of Receiver D26-55.09 Proceedings on Return of Order to Show Cause D26.55.11 Powers and Duties of Receiver D26-55.13 Discharge of Receiver D26-55.15 Recovery of Expenses of Receivership; Lien of Receiver D26-55.l7 Obligations of Owner Not Affected ---------------------------------------------------------------- Sec. D26-55.01 Grounds for appointment of receiver Whenever the department certifies that any condition in violation of this title or other applicable law in any multiple dwelling or any part of its premises constitutes a serious fire hazard or is a serious threat to life, health or safety it may, upon failure of the owner to comply with an order to correct such conditions issued pursuant to section D26-54.01 of this code, apply for the appointment of a receiver to repair and correct the violations. Sec. D26-55.03 Notice to owner, mortgagees and lienors a. If the department intends to seek the appointment of a receiver to remove or remedy a condition described in the preceding section, it shall serve upon the owner, along with the order pursuant to section D26-54.01 of this code, a notice stating that in the event the violations covered by the order are not removed or remedied in the manner and within the time specified therein, the department may apply for the appointment of a receiver of the rents, issues and profits of the property with rights superior to those of the owner and any mortgagee or lienor. b. Within five days after service of the order and notice upon the owner, the department shall serve a copy of the order and notice upon every mortgagee and lienor of record, personally or by registered or certified mail, at the address set forth in the recorded mortgage or lien. If no address appears therein, a copy shall be sent by registered mail to the person at whose request the instrument was recorded. c. The department shall file a copy of the notice and order in the office of the county clerk in which mechanics liens affecting the property would be filed Sec. D26-55.05 Order to show cause a. The department upon failure of the owner to comply with an order under section D26-55.3 within the time provided therein may thereafter apply to a court of competent jurisdiction in the county where the property is situated for an order directing the owner and any mortgagees or lienors of record to show cause why the housing and development administrator should not be appointed receiver of the rents, issues and profits of the property and why the receiver should not remove or remedy such condition and obtain a lien in favor of the housing and development administration against the property having the priority provided in Article 57 of this code to secure repayment of the costs incurred by the receiver in removing such conditions. Such application shall contain (a) proof by affidavit that an order of the department has been issued, served on the owner, mortgagees and lienors, and filed, in accordance with section D26-55.03, (b) a statement that a serious fire hazard or a serious threat to life, health or safety continued to exist in said dwelling after the time fixed in the department order for correction of the condition and a description of the dwelling and conditions involved; (c) a brief description of the nature of the work required to remove or remedy the condition and an estimate as to the cost thereof (Subd. a amended by L. L. 1971 No. 10, Jan 22.) b. The order to show cause shall be returnable not less than five days after service is completed. c. A copy of the order to show cause, and the papers on which it is based, shall be served on the owner, mortgagee of record and lienors. If any such persons cannot with due diligence be served personally within the city within the time fixed in the order, then service may be made by posting a copy of the order in a conspicuous place on the premises, and by sending a copy thereof by registered mail to the owner at the last address, if any, registered by him with the department, or to his last address if any known to the department, or, in the case of a mortgagee or lienor to the address set forth in the recorded mortgage or lien, and by publication in a newspaper of general circulation in the county where such premises are located. Service shall he deemed complete on filing proof thereof in the office of the clerk of the court in which application for such order is made (Amended by L. 1977, ch. 74, April 12.) Sec. D26-55.07 Temporary appointment of receiver a. If the condition of the premises is such that unless immediately cured irreparable damage may be caused to the building or it constitutes an imminent danger to its occupants or the occupants of adjoining properties, then the order to show cause may be returnable in the discretion of the court in less than five days, and in such case, service may be made by posting a copy of the order in a conspicuous place on the premises and by mailing a copy to the owner at the address registered with the department and to the mortgagees and lienors at their respective addresses. But any appointment of a receiver without service pursuant to section D26-55.05(c) shall be temporary only and expire not more than 30 days thereafter unless, prior to the expiration of the 30 days, the department shall serve notice on the owner, mortgagee and lienors in the manner provided for in section D26-55.05(c) of intention to apply to the court at a date fixed in such notice and not less than five days after the service of such notice, for an extension of the receivership. Upon such service the period of the appointment of the temporary receiver shall be automatically extended for a further period of 15 days. The notice shall also contain, in addition to the order to show cause and the papers on which it is based, a statement of any expenditures made or obligations incurred by the receiver during the period of his temporary appointment. On the date fixed in the notice, the court shall determine whether or not to extend the period of receivership. Such determination shall be made as if the application were an original one for the appointment of a receiver. b. A temporary receiver shall have the powers and duties provided in section D26-55.11, except that he shall not, without express order of the court, make any repairs or improvements to the property or incur any expenses in the operation thereof during the period of his temporary appointment except such as may be necessary (1) to remedy or remove the immediate condition or conditions which called for his appointment, and (2) to the ordinary operation and maintenance of the property. For such specific purpose the receiver shall be entitled to let such contracts and undertake such expenses as may be necessary to accomplish the specific results without advertisements and without procuring competitive bids. Sec. D26-55.09 Proceedings on return of order to show cause a. On the return of the order to show cause, determination thereof shall have precedence over every other business of the court unless the court shall find that some other pending proceeding, having a similar statutory preference, has priority. b. If the court finds that the facts stated in the application warrant the granting thereof, then it shall appoint the housing and development administrator receiver of the rents, issues and profits of the property. (Subd. b amended by L. L. 1971, No 10, Jan. 22.) c. Notwithstanding subsection (b), if, after determination of the issue, the owner, or any mortgagee or lienor or other person having an interest in the property, shall apply to the court to be permitted to remove or remedy the conditions set forth in the department's application and shall (1) demonstrate the ability promptly to undertake the work required; and (2) post security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, then the court may in lieu of appointing a receiver issue an order permitting such person to perform the work within a time fixed by the court. If at the time fixed in the order the work has not been satisfactorily done, the court shall appoint such receiver. If after the granting of an order permitting a person to perform the work but before the time fixed by the court for the completion thereof it shall appear to the department that the person permitted to do the same is not proceeding with due diligence, then the department may apply to the court, on notice to those persons who have appeared in the proceeding, for a hearing to determine whether a receiver shall be appointed immediately. On the failure of any person to complete the work in accordance with the provisions of an order under this subsection, the department, or any receiver thereafter appointed shall be reimbursed for costs incurred by him in removing or remedying the condition and other charges herein provided for out of the security posted by such person. Sec. D26-55.11 Powers and duties of receiver a. A receiver appointed pursuant to this article shall have all of the powers and duties of a receiver appointed in an action to foreclose a mortgage on real property, together with such additional powers and duties as herein granted and imposed. He shall not be required to file any bond. b. The receiver shall with all reasonable speed remove violations in the dwelling and its premises, including those constituting a fire hazard or a threat to life, health or safety. He may also, in addition to ordinary repairs, maintenance and replacement, make other improvements to effect a rehabilitation of the property, in such fashion as is consistent with maintaining safe and habitable conditions over the remaining useful life of the dwelling. He shall have the power to let contracts or incur expenses therefor in accordance with the provisions of law applicable to contracts for public works except that advertisement shall not be required for each such contract. Notwithstanding any provision of law, the receiver may let contracts or incur expenses for individual items of repairs, improvements, or supplies without the procurement of competitive bids where the total amount of any such individual item does not exceed twenty-five hundred dollars. c. The receiver shall collect the accrued and accruing rents, issues and profits of the dwelling and apply the same to the cost of the repairs and improvements authorized in subdivision (b), to the payment of expenses reasonably necessary to the proper operation and management of the property, including insurance and the fees of the managing agent, and the necessary expenses of his office as receiver, the repayment of all monies advanced to the receiver by the housing and development administration to cover the costs incurred by the receiver and interest thereon; and then, if there be a surplus, to unpaid taxes, assessments, water rents, sewer rents, and penalties and interest thereon, and then to sums due to mortgagees or lienors. If the income of the property shall be insufficient to cover the cost of repairs and improvements, or the expenses reasonably necessary to the proper operation and management of the property and other necessary expenses of the receiver, the housing and development administration shall advance to the receiver any sums required to cover such cost and expense and thereupon shall have a lien against the property having the priority provided in Article 57 for any such sums so advanced with interest thereon. (Subd. c amended by L. L. 1971, No. 10, Jan. 22.) d. The receiver shall be entitled to the same fees, commissions and necessary expenses as receivers in actions to foreclose mortgages. Such fees and commissions shall be paid into the fund created pursuant to section D26-50.03 of this code. The receiver shall be liable only in his official capacity for injury to person and property by reason of conditions of the premises in a case where an owner would have been liable; he shall not have any liability in his personal capacity. The personnel and facilities of the housing and development administration and the corporation counsel shall be availed of by the receiver for the purpose of carrying out his duties as receiver, and the costs of such services shall be deemed a necessary expense of the receiver. (Subd. d amended by L. L. 1971, No. 10, Jan. 22.) Sec. D26-55 13 Discharge of receiver The receiver shall be discharged upon rendering a full and complete accounting to the court when the repairs and improvements herein authorized are completed and the cost thereof and all other costs authorized herein have been paid or reimbursed from the rents and income of the dwelling and the surplus money, if any, has been paid over to the owner or the mortgagee or lienor as the court may direct. However, at any time, the receiver may be discharged upon filing his account as receiver without affecting the right of the housing and development administration to its lien. Upon the completion of the repairs and improvements, the owner, the mortgagee or any lienor may apply for the discharge of the receiver upon payment to the receiver of all monies expended by him therefor and all other costs authorized by section D26-55.11 which have not been paid or reimbursed from the rents and income of the dwelling. (Amended by L. L. 1971, No. 10, Jan. 22.) Sec. D26-55.15 Recovery of expenses of receivership; lien of receiver a. The expenditures made by the receiver pursuant to section D26-55.11 shall, to the extent that they are not recovered from the rents and income of the property collected by the receiver, constitute a debt of the owner and a lien upon the building and lot, and upon the rents and income thereof. Except .as otherwise provided in this section, the provisions of section 57 shall govern the effect and enforcement of such debt and lien; references therein to the department shall, for purposes of this article be deemed to refer to the receiver and, after his discharge, the housing and development administration. b. Failure to serve a copy of the order and notice required in the manner specified by section D26-55.03, or failure to serve any mortgagee or lienor with a copy of the order to show cause as required by section D26-55.05(c), shall not affect the validity of the proceeding or the appointment of a receiver, but the rights of the housing and development administration or of the receiver shall not in such event be superior to the rights of any mortgagee or lienor who has not been served as provided therein. c. Any mortgagee or lienor who at his expense remedies or removes the conditions to the satisfaction of the court pursuant to the provisions of section D26-55.09(c) shall have and be entitled to enforce a lien equivalent to the lien granted to the receiver in favor of the housing and development administration hereunder. Any mortgagee or lienor who, following the appointment of a receiver by the court, shall reimburse the receiver and the housing and development administration for all costs and changes as hereinabove provided shall be entitled to an assignment of the lien granted to the receiver in favor of the housing and development administration. (Amended by L. L. 1971, No. 10, Jan. 22.) Sec. D26-55.17 Obligations of owner not affected Nothing herein contained shall be deemed to relieve the owner of any civil or criminal liability incurred or any duty imposed by law by reason of acts or omissions of the owner prior to the appointment of a receiver, nor shall anything contained herein be construed to suspend during the receivership any obligation of the owner for the payment of taxes or other operating and maintenance expenses of the dwelling nor of the owner or any other person for the payment of mortgages or liens. ---------------------------------------------------------------- ARTICLE 56: Vacate Orders Section D26-55.01 Power to Order Dwelling Vacated D26-56.03 Content and Effect of Vacate Order D26-56.05 Reoccupancy After Vacate Order ---------------------------------------------------------------- Sec. D26-56.01 Power to order dwelling vacated a. Any dwelling or part thereof; which, because of a structural or fire safety hazard, defects in plumbing, sewage, drainage, or cleanliness, or any other violation of this code or any other applicable law, constitutes a danger to the life, health, or safety of its occupants shall be deemed to be unfit for human habitation. b. The department may order or cause any dwelling or part thereof which is unfit for human habitation to be vacated. Sec. D26-56.03 Content and effect of vacate order. a. An order issued pursuant to section D26-56.01(b) shall set forth the conditions which render the dwelling or part thereof unfit for human habitation. b. The order shall require all persons occupying the dwelling or part affected to vacate it within a period of time, not less than 24 hours nor more than ten days, to be stated in the order. c. 1. The order shall require that the owner correct the conditions which render the dwelling or part thereof unfit for human habitation within a period time, not to exceed ten days, to be stated in the order. 2. If the department has not revoked or extended the order pursuant to subdivision b of section D26-56.05 herein, where such dwelling is a class B multiple dwelling or a class A multiple dwelling used for single room occupancy pursuant to section two hundred forty-eight of the multiple dwelling law, the owner of such dwelling shall he subject to a civil penalty of five thousand dollars for each dwelling unit which is included in said order. The fine shall be recoverable by the department by civil action in a court of appropriate jurisdiction. Such action must be commenced or notice of pendency filed within one year of the effective date of the vacate order (Subd. c. amended by L. 1981, ch. 2250, June 15.) d. If a vacate order is not complied with within the time specified the department may cause the dwelling or part thereof affected to be vacated. e. The filing of a vacate order in the office of the county clerk in the same manner as a notice of pendency shall be notice to any subsequent purchaser mortgagee or lienor that any lien resulting from such vacate order shall be enforceable against the superior to the rights of such purchaser, mortgagee or lienor. f. When the department obtains a determination in an action under this article against an owner, judgment may be entered against the premises which shall constitute a lien when a transcript of such judgment is filed in the office of the county clerk in the manner prescribed for the filing of mechanic's liens and may be enforced against the premises as such, except that such lien shall have a duration of ten years. (Subd. e. and f added by L. 1981, ch. 250, June 15) Sec. D26-56.04 Notice. a. The vacate order shall be served upon the owner by mailing a copy to the person last registered with the department as owner or agent by certified mail return receipt requested. The affidavit of an employee or agent of the department stating facts which show that the vacate order was duly addressed and mailed shall be presumptive evidence that such vacate order was duly served. b. The vacate order shall be served upon the occupants of the dwelling by affixing a copy prominently on the dwelling which is the subject of the vacate order. (Added by L. 1981, ch. 250 June 15.) Sec. D26-56.05 Reoccupancy after vacate order. a. No person shall occupy, or cause or permit to be occupied, any dwelling or part thereof while such dwelling or part is subject to a vacate order. b. If the department finds that the conditions rendering a building or part unfit for human habitation have been corrected, it may revoke a vacate order. If the department finds that the unlawful conditions are being corrected and that continued occupancy may be permitted consistent with health and safety, it may extend the time period for compliance fixed in the order. c. The department may by regulations set forth standards and provide for hearings to determine when such vacate order should be revoked or extended. d. The department may require as a condition for revocation of a vacate order that the owner make reasonable effort to notify any tenants who may have vacated dwelling pursuant to such order that said tenant has a right to re-occupy the dwelling. (Subd. c and d added by L. 1981. ch. 250, June 15) ---------------------------------------------------------------- ARTICLE 57: Recovery of Expenses Section D26-57.01 Action Against the Owner for Recovery of Expenses D26-57.03 Lien on Premises D26-57.05 Establishment of Lien D26-57.07 Validity of Lien; Grounds for Challenge D26-57.09 Levy on Rents D26-57.11 Appointment of Receiver * Section D26-57.11 was renumbered and amended by L. L. 1947, No. 48 and now appears as Section D26-57.09. ---------------------------------------------------------------- Sec. D26-57.01 Action against the owner for recovery of expenses The department may bring an action against the owner of a dwelling for the recovery of any costs expenses and disbursements incurred by it under any provision of the administrative code making such expenses a debt recoverable from the owner. The institution of any such action shall not suspend or bar the right to pursue any other remedy provided by law for the recovery of such expenses, and such action may, subject to jurisdictional limitations, be joined with the enforcement of any such other remedy or any other claim against the owner relating to the same premises. (Amended by L. L 1974, No. 48, Dec. 17.) Sec. D26-57.03 Lien on premises a. There shall be filed in the office of the department a record of all work caused to be performed by or on behalf of the department. Such records shall be kept on a building by building basis and shall be accessible to the public during business hours. Within thirty days after the issuance of a purchase or work order to cause a repair to be made by or on behalf of the department, entry of such order shall be made on the records of the department. Such entry shall constitute notice to all parties. b. All expenses incurred by the department for the repair or the elimination Of any dangerous or unlawful conditions therein, pursuant to this title or any other applicable provision of law, shall constitute a lien upon the premises when the amount thereof shall have been definitely computed as a statement of account by the department and the department shall cause to be filed in the office of the city collector an entry of the account stated in the book in which such charges against the premises are to be entered. Such lien shall have a priority over all other liens and encumbrances on the premises except for the lien of taxes and assessments. However, no lien created pursuant to this title shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of subdivision a of this section are satisfied; this limitation shall only apply to transactions occurring after the date such record should have been entered pursuant to subdivision a and the date such entry was made. c. A notice thereof, stating the amount due and the nature of the charge, shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. d. If such charge is not paid within thirty days from the date of entry, it shall be the duty of the city collector to receive interest thereon at the rate of seven per cent per annum, to be calculated to the date of payment from the date of entry. e. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. .Such lien shall be a tax lien within the meaning of sections 415(1)-23.0 and D17- 1.0 of the administrative code and may be sold, enforced or foreclosed in the manner provided in titles A and D of chapter seventeen of the administrative code or may be satisfied in accordance with the provisions of section thirteen hundred fifty-four of the real property actions and proceedings law. (Amended by L. 1977, ch. 854, Aug. 11.) f. Such notice mailed by the city collector pursuant to this section shall have stamped or printed thereon a reference to article fifty-seven of title D of chapter twenty-six of the administrative code. (Added by L. L. 1974, No. 48, Dec. 17, which repealed former Sec. D26-57.03.) Sec. D26-57.05 Establishment of lien Upon the completion of any repair, or other work giving rise to a lien, the department shall file among its records a certificate setting forth the work done and the expenses incurred and certifying that such expenses were necessary and proper in the exercise of its lawful powers. ( Amended by L. L. 1974, No. 48, Dec. 17.) Sec. D26-57.07 Duration of lien (Repealed by L. L. 1974, No. 48, Dec. 17.) Sec. D26-57.07 Validity of lien; grounds for challenge a. In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on: (1) The lawfulness of the repair or other work done; or (2) The propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this section. b. No such challenge may be made except by (1) the owner of the property, or (2) a mortgagee or lienor whose mortgage or lien would, but for the provisions of Section D26-57 03, have priority over the department's lien. c. An issue specified in subsection (a) which was decided, or could have been contested, in a prior court proceeding to secure a court order to repair under article 54 or to secure the appointment or the discharge of a receiver under article 55, shall not be open to re-examination, but if any mortgagee or lienor entitled to notice of such prior proceeding was not served and did not appear therein, his mortgage or lien shall have priority over the lien of the department. In addition to this limitation, an owner who has been served with a statement pursuant to section D26-54.07 of this title, or his successor in interest, may subsequently contest any item contained therein except as provided in such section. d. With respect to any issue specified in subsection (a) which is not subject to subsection (c), the certificate of the department filed pursuant to section D26-57.05 [(a)] shall be presumptive evidence of the facts stated therein. (Amended by L. L. 1971, No. 10, Jan. 22; formerly Sec. D26- 57.09 renumbered and amended by L. L. 1974, No. 48, Dec. 17.) Sec. D26-57 09 Levy on rents a. The department may serve upon any person liable for rent or other compensation for the occupancy of premises subject to this article a notice containing: (1) a statement of the contents of the certificate filed pursuant to section D26-57.05, or of a judgment in an action under section D26-51.03 or section D26-57.01 or in an action to enforce a lien under this article; (2) a statement of the amount remaining due under such certificate or judgment; and (3) a demand that rent thereafter be paid to the department as it comes due. Service of the notice shall be made by personal delivery of a copy thereof, or by certified mail. b. Upon receipt of such notice, the person to whom it is directed shall pay any rent due, and future rent as it comes due, to the department in the manner set forth in the demand. The department may, upon failure to pay, sue for rent due. In such suit, the validity of proceedings prior to the issuance of the notice under subdivision a of this section shall not be subject to question. c. The department shall issue a receipt for each sum paid under this section. Such payment and receipt shall for all purposes have the same legal effect as payment to or a receipt from the owner or other person authorized to collect rent. No person shall be subject to any proceedings for the recovery of possession or other relief, or any penalty or forfeiture, arising out or his failure to pay to any person any sum paid to the department under this section. d. The department shall, at the time of service of any notice under subdivision a, give the owner and agent notice by certified mail at their last registered address, or other address, if known, of such action. Unless within twelve days of such notice suit has been instituted by or on behalf of the owner to restrain such action or recover from the department any sums collected, the action of the department shall not be subject to challenge e. Upon collection of the total sum owing to the department, it shall forthwith serve upon each person served with a demand under subdivision a, a notice canceling such demand. (Formerly Sec. D26-59.11 renumbered Sec. D26-57.11 and amended by L. 1973, ch. 703, June 11; renumbered and amended by L. L. 1974, No 48, Dec. 17; L. 1976, ch 706, July 24.) Sec. D26-57.11 Appointment of receiver a. Whenever the sum of any lien or liens established by this title, plus any lien or liens established pursuant to any other section of the administrative code for the expenses of repairs made by the department, shall amount to five thousand dollars or more, the department may issue an order appointing the administrator of the housing and development administration receiver of the rent and profits of the premises. Such receiver may be appointed upon thirty days' notice to the owner, mortgagees and lienors or record of such premises. Such notice shall contain the amounts of such lien or liens and give the owner, mortgagees and lienors of record an opportunity to either pay the outstanding liens or to contract in writing with the department on terms satisfactory to the department for such payment. Any mortgagee or lienor who pays the department shall be assigned the department's lien. b. A receiver appointed pursuant to this section shall have all of the powers and duties of a receiver appointed in an action to foreclose a mortgage on real property. He shall not be required to file any bond. c. The receiver shall be entitled to the same fees, commissions and necessary expenses as receivers in actions to foreclose mortgages. Such fees and commissions shall be paid into the fund created pursuant to section D26-50.03 of this code. The receiver shall be liable only in his official capacity for injury to person and property by reason of conditions of the premises in a case where an owner would have been liable, he shall not have any liability in his personal capacity. d. Such receivership shall continue until the amount of such liens and the commissions have been fully paid. Upon the termination of such receivership, an accounting shall be given to the owner together with any monies collected in excess of the lien and commission and the department shall, within twenty-one days, file a satisfaction of any and all liens filed by the department against such premises. (Added by L. L. 1971, No. 10, Jan. 22; formerly Sec. D26-57.13 renumbered Sec. D26-57.11 by L. L. 1974, No. 48, Dec. 17.) ================================================================ ================================================================