(a)
All residential rental dwelling units shall be inspected and
certified by the Department which shall determine compliance with,
administer and enforce all applicable provisions of this Rental Dwelling
Registry Code (Registry Code). On and after April 1, 2006, residential
occupancy permits shall be valid for 30 months from the date of issuance.
(b)
Except as otherwise provided herein, it shall be unlawful and
a violation of this chapter to rent, lease or otherwise allow the
occupancy of any residential rental dwelling unit without the inspection
and certification as required herein.
(c)
If, upon inspection, said premises do not comply with all applicable
provisions of this Registry Code and the State Fire and Property Maintenance
Code, the particular reasons for noncompliance shall be specified
in writing, and a time limit not to exceed 30 days shall be directed
for either the correction of the deficiencies noted or a substantial
effort to correct the deficiencies noted. The notice of noncompliance
shall be delivered personally or by first class mail within three
business days to the owner, agent or person in charge at the address
set forth in the rental dwelling registry and to any occupant who
so requests. Occupants or proposed occupants of dwellings shall have
the right to inspect the certificate of occupancy of the residential
rental dwelling unit.
(d)
On or after April 1, 2006, the Department shall have the right
to inspect all or any part of the rental dwelling unit, including
any unit or apartment, or entire multiple residence as required herein
to issue an initial permit, re-issue a permit and/or, upon complaint,
to investigate said complaint, except that the owner, agent or person
in charge thereof shall have the right to insist upon the procurement
of a search warrant from a court of competent jurisdiction by the
Administrator, or his or her designee, in order to enable such inspection.
The owner, agent or person in charge shall be present at such inspection.
The inspection officers charged with conducting the inspection pursuant
to this article shall be required to obtain a search warrant whenever
an owner, agent or person in charge refuses to permit a warrantless
inspection of the premises after having been advised that he or she
has a constitutional right to refuse entry of the inspection officers
without a search warrant.
(e)
The Department may make such inspection, access and circumstances
permitting, within five business days of receipt of a request from
the owner, agent or occupant or based upon a complaint.
(f)
An owner, agent or occupant may file with the Department a request
for such inspection and the issuance of a residential occupancy permit
by regular mail or in person at the office of the Administrator.
(g)
Nothing in this article shall be construed to limit the right
of the Department to inspect any property at any time. If there is
a complaint, and/or after issuing a residential occupancy permit,
the Department shall make a good-faith effort to notify the owner
or agent of the complaint by either telephone or regular mail before
conducting an inspection under this chapter, and shall provide to
the owner or agent one working day from the date the owner or agent
receives the notice to explain what steps the owner or agent is taking
to correct the violation. The Department may take steps necessary,
by inspection or other means, to assure that the violation is corrected.
(h)
No residential occupancy permit shall be issued under this article
unless and until the fee(s) required under Section 2-12.555 is (are)
paid in full.
No owner, agent or person in charge shall collect rents which
would otherwise be due and owing for the rental of premises unless
and until he or she shall have complied with the provisions herein.
Nothing herein shall be construed to prevent a landlord, upon receipt
of the residential occupancy permit, from receiving the equitable
value of the occupancy of the premises from the earliest date of occupancy,
but in no event shall a landlord recover in excess of the agreed rent.
The provisions of this article shall not apply to dwellings
designed and used exclusively for occupancy as hotels, motels, transient
homes or establishments of like nature.
The Department may cause to be issued at its discretion a temporary
occupancy permit following an initial inspection, which temporary
occupancy permit shall be subject to review and revocation at the
discretion of the Department. No temporary occupancy permit may be
issued in cases where fire safety is involved, such as defective electrical
wiring, the absence of either an operating smoke detector or a carbon
monoxide detector where required, or improper or inadequate means
of egress and other conditions of like nature.
Any person who shall knowingly and willfully violate or assist
in the violation of this division or who fails to comply with a violation
order issued by the Department under this division shall, upon conviction,
be punished in accordance with the following schedule:
(1)
When ordered by the court or the Department to register, said
inspections shall be completed within 30 days. Failure to have the
inspection completed in 30 days shall result in the fines being imposed
back to the date of failure to register.
a.
First offense: a fine of up to a maximum of $250 for each violation
per day each violation remains unabated, or five days' imprisonment,
or 50 hours of community service, or any combination thereof.
b.
Second offense for the same violation(s) regarding the same
person and property committed within one year after the first offense:
a fine of up to a maximum of $500 per day the violation remains unabated
or 10 days' imprisonment, or 100 hours of community service or
any combination thereof.
c.
Third offense for the same violation(s) regarding the same person
and property committed within 18 months after the first offense: a
fine of up to a maximum of $1,000 per day the violation remains unabated,
or 15 days' imprisonment or 150 hours of community services or
any combination thereof.
(a)
The following schedule of fees shall apply with respect to the
inspection and certification of residential dwelling units:
(1)
Any and all subsequent reinspection(s) necessary to determine
compliance with required corrective action or repairs shall be subject
to no charge for the first two inspections and $20 per reinspection
thereafter;
(2)
Failure to appear within 15 minutes of a scheduled inspection
(no show) shall result in a fee of $20 per unit;
(3)
Cancellation of a scheduled inspection less than 24 hours before
that scheduled inspection (late cancellation) shall result in a fee
of $20 per unit; and
(4)
Cancellation of a scheduled inspection for the unit more than
once or after a no show (second cancellation) shall result in a fee
of $20 per unit.
(b)
Fees prescribed under this section for failure to appear at,
and cancellation of a scheduled inspection may be waived at the discretion
of the Administrator for good cause shown.
(c)
Unpaid fees shall be subject to the placement and recording
of a lien by the City against the inspected property, or at the discretion
of the Administrator, an action for a personal judgment against the
owner may be commenced in a court of competent jurisdiction.
(d)
Unpaid fees. A failure to receive said payment prior to a scheduled
inspection shall not cancel or suspend said inspection. However, if
payment is not received in the office of the Comptroller within 30
days of written notification to the appropriate responsible person
or entity of the outstanding fee, this fee shall be assessed against
the land and on which said building is located and become part of
the real property tax levy. Additionally, the City may commence a
special proceeding pursuant to Section 78-b of the General Municipal
Law to collect the delinquent fee and any other associated costs,
including reasonable and necessary legal expenses.
This article shall take effect on April 1, 2006, and the ordinance
from which this article derives shall be renewed on January 1, 2010.
