City of New Rochelle, NY Multiple Dwellings

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.

§ 209-2 Identification of owner and managing agent.

[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.

§ 209-3 Identification of superintendent, janitor, housekeeper, oil supplier and oil burner/furnace repair company.

[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.

§ 209-4 Registration statement. [1]

[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]

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.

The provisions of this section shall not apply to the New Rochelle Municipal Housing Authority or to any other public corporation.

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]

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.

§ 209-5 Entrances.

[Added 1-21-1992 by Res. No. 26[1]]

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.

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.

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.

[1]

Editor's Note: This resolution also renumbered former § 209-5 as § 209-6.

Article II: Condominium or Cooperative Conversions

[Adopted 1-17-1984 by Res. No. 11; amended in its entirety 10-18-1988 by L.L. No. 1-1988]

§ 209-6 Compliance with statute required.

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.