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NEW YORK STATE
MULTIPLE DWELLING LAW

Chapter 713 of the Laws of 1929, as amended


                            ARTICLE 9
             REGISTRY OF NAMES AND SERVICE OF PAPERS

Section             325. Registry of owner, agent and
                         lessee.
                    326. Service of notices, orders and
                         summonses.
                    327. Indexing names; fees for
                         searches.
                    328. Central Violations Bureau.
                    329. Certificate of inspection
                         visits.

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Sec. 325. Registry of owner, agent and lessee.

1.   Every owner of a multiple dwelling, every lessee of a whole
     dwelling and every agent or other person having control of
     such a dwelling, shall file in the department a notice
     containing his name, address and a description of the
     premises, by street number or otherwise, and the class and
     kind of the dwelling thereon, in such manner as will enable
     the department to find the same; and also the number of
     apartments and rooms in each apartment on each story, and
     the number of families occupying the apartments. If such
     owner or lessee 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 one
     hundred seven 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 a subsidiary corporation all of the capital
     stock of which is owned by such trust company or other
     corporation, the names and residence addresses of its
     officers shall also be contained in such notice. A similar
     notice shall be filed within thirty days following an
     election of any new officer or a change of address of any
     such officer. The provisions of this section also shall
     apply to successors in title, ownership or control of any
     premises, whether by act of the parties or by process or
     operation of law and, within thirty days after such
     succession, particulars of such ownership or control shall
     be filed in the department. If any successor in interest be
     under the age of twenty-one years his duly appointed
     guardian or, if there be no guardian, his administrator
     shall comply with this section in his behalf. Where after
     the filing of any notice under this section, the premises
     shall have been declared a public nuisance to any extent
     pursuant to paragraph b of subdivision one of section three
     hundred nine of this chapter and such declaration shall have
     been filed as therein provided, the owner, if 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 one hundred seven 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 a subsidiary
     corporation all of the capital stock of which is owned by
     such trust company or other corporation, shall file a
     similar notice within ten days which shall in addition
     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.

2.   In any city of over one million which, by local law,
     requires the registration of owners of multiple dwellings
     and which prescribes penalties, remedies, and sanctions to
     be imposed for the violation of such local registration
     requirements, no rent shall be recovered by the owner of a
     multiple dwelling who fails to comply with such registration
     requirements until he complies with such requirements. If a
     resident of an unregistered dwelling voluntarily pays rent
     or an installment of rent when he had a right to withhold
     the same under this subdivision, he shall not thereafter
     have any claim or cause of action to recover back the rent
     or installment of rent so paid. A voluntary payment within
     the meaning of this subdivision means payment other than one
     made pursuant to judgment in an action or special
     proceeding.


Sec. 326. Service of notices, orders and summonses.

1.   Every notice, order or summons relative to a dwelling shall
     be served five days before the time for compliance
     therewith. The posting of a copy of such notice, order or
     summons in a conspicuous place in such dwelling, together
     with the mailing of a copy thereof, within five days of such
     posting, to each person whose name has been filed with the
     department of health or the department charged with the
     enforcement of this chapter, in accordance with the
     provisions of section three hundred twenty-five, at his
     address as therewith filed, shall be sufficient service
     thereof, except as provided in subdivision three.

2.   Except as provided by the provisions of this chapter which
     are less restrictive than the provisions of this
     subdivision, if any notice, order or summons is directed to
     any person pursuant to any provision of this chapter,
     including the provisions of subdivision two of section three
     hundred nine, and if the address of such person is not
     registered or, in any case for which personal service is
     provided, if such person cannot with due diligence be served
     personally, then such notice, order or summons may be served
     by posting a copy thereof in a conspicuous place upon the
     premises within which a violation is alleged to have been
     placed or a condition complained of is alleged to exist, and
     by sending a copy thereof by registered mail, return receipt
     requested, addressed to such person at his last known
     address or place of residence.

3.   In the case of a summons if the address of any agent or
     lessee whose name and address have been filed in accordance
     with the provisions of section three hundred twenty-five is
     in the city in which the dwelling is situated, then a copy
     of the summons shall also be delivered at such address to a
     person of lawful age, if upon reasonable application
     admittance can be obtained and such person found; and
     provided also that personal service of the summons upon the
     owner of such dwelling shall be sufficient service thereof
     upon him.

4.   Notwithstanding any inconsistency with this section, in a
     city, having a population of one million or more, a local
     law may provide for the manner of serving civil process for
     the enforcement of penalties, sanctions and remedies
     provided in such local law.


Sec. 327. Indexing names; fees for searches.

1.   The names and addresses filed in accordance with section
     three hundred twenty-five shall be indexed under the
     direction of the registrar of records of the department in
     such a manner that all of those filed in relation to each
     dwelling shall be together and readily ascertainable. The
     department shall provide the necessary books and clerical
     assistance for that purpose, and the expense thereof shall
     be paid by the city. Such indices shall be public records.

2.   The department shall have power to charge and collect fees
     for searches, and to make rules governing charges for
     certification of pending violations.


Sec. 328. Central Violations Bureau.

1.   In cities having a population of one million or more, the
     department shall establish a central violations bureau which
     shall establish and maintain currently an index showing and
     a file containing, with respect to each building located in
     the city, the name, address and telephone number of the
     present owner of the building and whether or not he is a
     member in good standing of the rent stabilization
     association or registered pursuant to the emergency tenant
     protection act of nineteen seventy-four or the rent
     stabilization law of nineteen hundred sixty-nine where one
     or more dwelling units therein are subject to the rent
     stabilization law, each notice and order of the building
     department, the fire department, the health department, the
     water supply, gas and electricity department and of every
     other municipal department or agency having jurisdiction
     over such building alleging the occupation of such building
     in violation of law or the existence of a nuisance therein
     and of each notice, order, rule or certificate showing the
     clearance, correction or abatement of such violation or
     nuisance.

2.   It shall be the duty of the department and of every other
     municipal department and agency having jurisdiction over
     buildings located in the city of New York to file with the
     central violations bureau established by this section a true
     copy of each notice and order of such department or agency
     alleging the occupation of a building in violation of law or
     the existence of a nuisance therein and of each notice,
     order, rule or certificate showing the clearance, correction
     or abatement of such violation or nuisance within seventy-
     two hours from the date of issuance of such notice, order,
     rule or certificate.

3.   In any action or proceeding before the housing part of the
     New York city civil court either (a) the visually displayed
     or (b) the printed computerized violation files of the
     department responsible for maintaining such files and all
     other computerized data as shall be relevant to the
     enforcement of state and local laws for the establishment
     and maintenance of housing standards, including but not
     limited to the name, address and telephone number of the
     present owner of the building and whether or not he is a
     member in good standing of the rent stabilization
     association or registered pursuant to the emergency tenant
     protection act of nineteen seventy-four or the rent
     stabilization law of nineteen hundred sixty-nine where one
     or more dwelling units therein are subject to the rent
     stabilization law, shall be prima facie evidence of any
     matter stated therein and the courts shall take judicial
     notice thereof as if same were certified as true under the
     seal and signature of the commissioner of that department.


Sec. 329. Certificate of inspection visits.

In a city of over one million population the department shall
issue without fee to all owners of multiple dwellings located in
such city, a certificate of inspection visits upon which shall
appear the title in bold print "CERTIFICATE OF INSPECTION
VISITS", the name, address and telephone number of the owner of
the building, the street address of the building and the words,
"The undersigned hereby certifies that he visited the above-
described building on the date and for the purposes set opposite
his name". The certificate shall be placed and maintained in a
conspicuous place inside the multiple dwelling within view of the
place at which mail is delivered to the building or at such other
location as may be approved by the department and in a place
readily accessible for signature by employees of the department.
In the event that the certificate is destroyed or defaced or the
signature lines become filled with signatures, the owner shall
apply for and the department shall issue to him free of charge a
duplicate certificate of inspection visits. Whenever an employee
of such department shall visit any multiple dwelling for any
purpose related to his official capacity, he shall sign his name
to the certificate of inspection visits and opposite thereto set
forth the date and purpose of his visit.

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