[D26-58.01] 27-2150 Definitions
For the purposes
of this article the terms single room occupancy multiple dwelling and single
room occupancy dwelling unit shall be defined in subdivision b of section 27-198.2
of the code.
[D26-58.02] 27-2151 Withdrawal of Single Room Occupancy
Dwelling Units from the Rental Market Prohibited
On and after June first, nineteen hundred eighty-seven, an owner of a single
room occupancy multiple dwelling which is subject to the provisions of this
section shall have a duty (1) to make habitable and maintain in a habitable
condition all single room occupancy dwelling units and (2) to rent such habitable
single room occupancy dwelling units to bona fide tenants. The duty to rent
shall be satisfied by the owner if the owner has in fact rented all such units
to bona fide tenants or has in good faith, made a continuing public offer to
rent such units at rents no greater thant the rent authorized by law.
b. The provisions
of this section shall apply to all single room occupancy multiple dwellings
which are subject to the provisions of subdivisions a and c of section 27-198.2
of the code during the time such subdivisions a and c are in full force and
single room occupancy multiple dwelling which is exempted or for which an
application for exemption from provisions [sic] or subdivisions a and c of
section 27-198.2 of the code has been filed pursuant to paragraphs one, two,
or three of subdivision d of section 27-198.2; provided, however, that the
provisions of this section shall apply to a single room occupancy multiple
dwelling on and after the sixtieth day after the date that an application
for exemption pursuant to such paragraphs of such subdivision is denied.
single room occupancy dwelling unit with respect to which a payment has been
made or a replacement unit has been provided pursuant to subparagraph a of
paragraph four of subdivision d of section 27-198.2 of this code.
single room occupancy multiple dwelling for which an application [sic] for
reduction in payment or replacement units has been made pursuant to subparagraph
(b) of paragraph four of subdivision d of section 27-198.2 has been made;
provided, however, that an owner shall be required to maintain the same level
of occupancy in such multiple dwelling which existed on September twelfth,
nineteen hundred eighty-six and provided, further, that the provisions of
this section shall apply to such dwelling on and after the sixtieth day after
such application is denied.
[D26-58.03] 27-2152 Enforcement
a. If the
commissioner has reasonable cause to believe that an owner has violated the
provisions of subdivision a of section 27-2151, the commissioner shall serve
a notice of violation and an order to correct such violation on the owner pursuant
to sections 27-2091 and 27-2095 of this code. The order shall require the owner
to comply with subdivision a of section 27-2151 in the manner specified in such
order within ten days. A copy of the order shall be filed with the city register
and any subsequent purchaser of the property shall be subject to such order.
b. An owner
may apply within the ten day period following service of the notice and order.
the revocation of the notice of violation and order on the ground that the
condition alleged to constitute the violation did not exist at the time the
violation was placed. The department may grant such revocation upon the presentation
of proof satisfactory to the department; or
an extension of the time for correction. The department may, upon good cause
shown, including consideration of the complexity of repairs which may be necessary
to make the dwelling unit habitable, grant such extension for such period
of time that it deems appropriate.
c. The owner
shall certify correction of the violation in accordance with subdivision f of
section 27-2115 no later than five days after the date set for corrections.
Such certification shall be supported by a sworn statement by the owner that
the units which are the subject of the notice of violation have been have been
rented to bona fide tenants or that the owner has, in good faith, made a continuing
public offer to rent such units at rents no greater than the rents authorized
by law. The department may require such additional proof as it deems necessary,
including but not limited to the specific units offered for rent and the rents
d. For the
purposes of this section there shall be a rebuttable presumption that an owner
has violated the provisions of subdivision a of section 27-2151 if a single
room occupancy dwelling unit is not occupied by a bona fide tenant for a period
of thirty days or longer.
e. 1. An
owner who violates the provisions of subdivision a of section 27-2151 shall
be subject to a civil penalty of five hundred dollars for each single room occupancy
dwelling united cited in the notice and order issued pursuant to subdivision
a of this section. In addition, an owner who fails to comply with the order
within the time specified in the order or within such period of time authorized
by the department pursuant to subdivision b of this section shall be subject
to a civil penalty of two hundred fifty dollars per day for each dwelling unit
to be calculated from a date ten days after service of the order to the date
of compliance therewith.
addition to the civil penalties provided in paragraph one of this subdivision
any owner who willfully makes a false certification that a violation has been
corrected shall be subject to a civil penalty of not less than two hundred
fifty dollars nor more than one thousand dollars for each dwelling unit or
units which are the subject of the notice of violation. Such owner shall also
be guilty of a misdemeanor punishable by a fine of not less than two hundred
fifty dollars or more than one thousand dollars, or by imprisonment up to
six months, or by both such fine and imprisonment.
civil penalties may be recovered by the city in an action in any court of
competent jurisdiction. A judgment obtained in such an action shall constitute
a lien against the premises with respect to which the violation occurred from
the time of the filing of a notice of pendency in the office of the clerk
of the county in which such premises is situated. A notice of pendency may
be filed at the time of the commencement of the action or at any time before
final judgment or order.
f. All civil
penalties recovered pursuant to subdivision e of this section shall be paid
to the single room occupancy housing development fund company established pursuant
to subdivision i of section 27.198.2 of the administrative code.
g. 1. The
city may institute an action in a court of competent jurisdiction for an order
requiring the owner to comply with the order to correct or for such other relief
as may be appropriate.
city may make application for the appointment of a receiver in accordance
with the procedures contained in article six of this subchapter. Any receiver
appointed pursuant to this paragraph shall be authorized, in addition to any
other powers conferred by law, to effect compliance with the provisions of
this article. Any expenditures incurred by the receiver to effect such compliance
shall constitute a debt of the owner and a lien upon the building and lot,
and upon the rents and income thereof, in accordance with the procedures contained
in such article six. The city in its discretion may provide funds to be expended
by the receiver, and such funds shall constitute a debt recoverable from the
owner in accordance with article eight of this subchapter.
h. In the
event of any inconsistency between the provisions of this article and other
provisions of this code the provisions of this article shall control.