[HISTORY: Adopted by the Council of the City of New Rochelle as indicated
in article histories. Amendments noted where applicable.]
Article I Identification of Owners, Agents and Superintendents
Article II Condominium or Cooperative Conversions
[1]
Editor's Note: This legislation was included as Ch. 18 of the 1965
General Ordinances.
[Amended 10-18-1994 by Ord.
No. 233-1994]
The following terms in this Article are defined as follows:
- MULTIPLE DWELLING
- Includes a dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other.
- OWNER
- The owner or owners of a 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.
[Amended 8-13-1973 by Ord.
No. 237-1973]
The owner of any building defined herein as a multiple dwelling shall
post and maintain in a conspicuous place in such dwelling a legible sign identifying
the owner and managing agent of such dwelling, together with the residence
and business addresses and telephone numbers of the owner and managing agent.
Where the owner is a corporation, the sign shall contain the names, addresses
and telephone numbers of the officers thereof, together with the residence
and business addresses and telephone numbers of the officers and of the corporation.
[Amended 9-18-1980 by Ord.
No. 214-1990; 2-16-1999 by Ord.
No. 46-1999]
It shall be the duty of the owner of such dwelling and the management
agent in control thereof to cause to be posted and maintained in a conspicuous
place in such dwelling a legible sign which shall bear the names, addresses,
including apartment numbers, if any, and the telephone numbers of the superintendent,
janitor, housekeeper, oil supplier and oil burner/furnace repair company.
In addition, the owner of such dwelling and the management agent in control
thereof shall also post and maintain a legible sign on the outside face of
the door to the oil burner/furnace area, which sign shall bear the names,
addresses and twenty-four-hour emergency numbers of the oil supplier and oil
burner/furnace repair company. Any change in the superintendent, janitor or
housekeeper shall necessitate the posting and maintenance of a new identification
sign within five days after such change. Additionally, in a multiple dwelling
of six units or more such superintendent, janitor or housekeeper must either
be available 24 hours per day in order to respond to residents' complaints
or maintain a telephone answering machine or equally reliable message-receiving
service in order to accept residents' complaints. If such message retrieval
system is employed, it will be the affirmative obligation of the superintendent,
janitor or housekeeper to contact the complaining resident within 24 hours
of the receipt of such complaint.
[Added 12-9-1968 by Ord. No. 349-1968; amended 8-13-1973 by Ord.
No. 237-1973; 3-21-1989 by Ord. No. 75-1989]
A.
Every owner of a multiple dwelling as above defined shall
file with the Building Official a written registration statement on forms
to be supplied by the Building Official, containing the following information:
[Amended 4-17-2007 by Ord. No. 80-2007]
(1)
A description of the premises, by street number or block
and lot number.
(2)
The name and residence and business address of such owner,
together with his residence and business telephone number or, if such owner
is a corporation, the name and address of such corporation and the name and
residence and business address of all officers thereof, together with the
residence and business telephone numbers of the corporation and all officers.
(3)
Designation of managing agent.
(a)
The name, residence, business address and residence and
business telephone numbers of a natural person, 21 years of age or over, who
is customarily present at an office in the City of New Rochelle for the purpose
of transacting business, or who actually resides within the City, and who
shall be designated by such owner as a managing agent in control of and responsible
for the maintenance and operation of such dwelling, and who shall be designated
as the person upon whom process may be served on behalf of the owner. There
shall be endorsed upon such statement a written consent to such designation
signed by such managing agent. An owner who is a natural person and who meets
the requirements of this subsection as to the location of the residence or
place of transacting business of a managing agent may designate himself as
such managing agent.
(b)
Nothing contained in this section shall be construed
as preventing a corporation which is an owner of a multiple dwelling from
designating as its managing agent with respect thereto any officer of such
corporation who meets the requirements of this subsection as to the location
of the residence or place of transacting business of a managing agent.
(c)
Any designation as managing agent made pursuant to the
provisions of this section shall remain in full force and effect until changed
or terminated as hereinafter provided.
(d)
The designation of a managing agent shall not relieve
any such owner of any responsibility or obligation as to compliance with the
provisions of this section and the Multiple Residence Law of the State of
New York.
(4)
Where, after filing of any registration statement in
relation to any multiple dwelling under the applicable provisions of this
section, the owner of such dwelling shall have granted or transferred his
or her right, title or interest therein or in any part thereof, such owner
shall file with the Building Official within five days after such grant or
transfer a written statement which shall contain the name and residence and
business addresses of the grantee, transferee or other successor of such right,
title or interest, or if such grantee, transferee or successor is a corporation,
the name and address of such corporation.
(5)
Where, after the filing of any registration statement
with the Building Official pursuant to the applicable provisions of this section,
any change other than a designation of a different managing agent or a change
of ownership or interest occurs in any name, residence or business address
of list of officers required to be included in such statement, the owner,
within five days after such change, shall file in duplicate on forms to be
furnished by the Building Official a statement setting forth the particulars
of such change so as to supply the information necessary to make currently
correct the last registration statement filed pursuant to the applicable provisions
of this section.
(6)
Any designation of a managing agent made pursuant to
the applicable provisions of this section shall cease to be effective if such
agent shall die or be judicially declared incompetent.
(7)
Termination of managing agent.
(a)
Any such designation may be terminated by either of the
following methods:
[1]
Any such agent may terminate his or her status as such
by serving upon the owner of the multiple dwelling involved by registered
mail or by delivery in person and by filing with the Building Official, with
proof of service by affidavit, a written notice of such termination signed
by such agent, which shall state the date upon which it shall become effective,
and the name and address of such owner and the address of such mailing. Such
notice may be served by delivery of a copy to the owner personally or, if
the owner is a corporation, by delivery of a copy to any officer thereof personally
or by delivery of a copy to any person of suitable age and discretion at the
residence or business address of the owner set forth in the currently effective
registration statement filed with the Building Official or by transmitting
a copy of such notice by registered mail to the owner at the residence or
business address of such owner as set forth in such statement. Such notice
shall not be valid or effective unless served on the owner at least five days
before its effective date if served personally or by delivery to a person
of suitable age and discretion, or at least eight days before such date if
served by registered mail, and unless filed with the Building Official with
proof of service by affidavit at least five days before such date.
[2]
An owner may terminate such designation by filing with
the Building Official a written designation of a new managing agent made in
conformity with the provisions hereinabove cited.
(b)
If any owner shall fail, on or before the effective date
of any notice of termination served and filed by a managing agent, or written
15 days after any such agent shall die or be judicially declared incompetent,
to file with the Building Official a designation of a new managing agent made
in conformity with the provisions herein, such owner shall be guilty of a
violation of this section.
B.
The provisions of this section shall not apply to the
New Rochelle Municipal Housing Authority or to any other public corporation.
C.
Any registration statement or designation of a managing
agent required to be filed with the Building Official by any owner or lessee
of a multiple dwelling under the provisions of this section shall be signed
by such owner or lessee, or if such owner or lessee is a corporation, by an
officer thereof.
[Amended 4-17-2007 by Ord. No. 80-2007]
D.
Any such registration statement or designation of a managing
agent shall be deemed prima facie proof of the statements therein contained,
in any criminal prosecution instituted by a City agency against the owner
or managing agent of a multiple dwelling.
[1]
Editor's Note: Amended during codification.
A.
Every entrance from the street (those buildings with
fire escapes only), passageway, court, yard, cellar or other entrance to a
multiple dwelling shall be equipped with automatic self-closing and self-locking
doors. Such doors shall be locked at all times except when an attendant shall
actually be on duty. Every such multiple dwelling shall also be equipped with
bells or buzzers located at the door giving access to the main entrance hall
or lobby of said multiple dwelling for the purpose of alerting the occupants
of each apartment or dwelling unit to the presence of a person seeking entry.
Every multiple dwelling shall also be equipped with an automatic release mechanism
to permit an apartment or dwelling unit occupant to release the locking mechanism
of the door giving access to the main entrance hall or lobby of said multiple
dwelling from his apartment or dwelling unit.
B.
Every multiple dwelling shall also be equipped with an
intercommunication system. Such intercommunication system shall be located
at the door giving access to the main entrance hall or lobby of said multiple
dwelling and shall consist of a device or devices for voice communication
between the occupant of each apartment or dwelling unit and a person outside
said door to the main entrance hall or lobby.
C.
All doors, locks, bells, buzzers, automatic release mechanisms
and intercommunication systems in existence prior to the enactment of this
section or subsequently installed shall be kept in good working order.
[Adopted 1-17-1984 by Res.
No. 11; amended in its entirety 10-18-1988 by L.L.
No. 1-1988]
Owners of multiple dwellings desiring to convert same to condominiums
or cooperatives shall comply with the provisions of § 352-eee of
the General Business Law of the State of New York.
