A Local Law to amend the administrative code of the city of New York, in relation to posting of a vacate order, re-occupancy of vacated dwellings, and the provision of relocation services

Int. No. 1167-A

By Council Members Torres, Richards, Williams, Chin, Barron, Rose, Gentile, Koslowitz, Salamanca, Cornegy, Gibson, Espinal, Levin, Reynoso, Rosenthal, Rodriguez, Lander, Menchaca and the Public Advocate (Ms. James)

A Local Law to amend the administrative code of the city of New York, in relation to posting of a vacate order, re-occupancy of vacated dwellings, and the provision of relocation services

Be it enacted by the Council as follows:

Section 1. Paragraph (a) of subdivision 1 of section 26-301 of the administrative code of the city of New York is amended to read as follows:

(a) To provide and maintain tenant relocation services

(i) for tenants of real property which the commissioner of housing preservation and development is authorized to maintain and supervise; [and]

(ii) for tenants of real property acquired for public purposes, excluding real property acquired by or on behalf of the New York city housing authority or the triborough bridge and tunnel authority; [and]

(iii) for tenants of real property located in any neighborhood improvement district designated by the city planning commission, where the displacement of such tenants results from the enforcement of any law, regulation, order or requirement pertaining to the maintenance and operation of such property or the health, safety and welfare of its occupants; [and]

(iv) when authorized by the mayor, for the tenants of any privately owned building or other improvement which is to be voluntarily rehabilitated in accordance with an urban renewal plan pursuant to law; and

(v) for tenants of any privately owned building where such tenants vacate such building during a period when [the displacement of such tenants results from the enforcement of] any law, regulation, order or requirement pertaining to the maintenance or operation of such building or the health, safety and welfare of its occupants requires such occupants to vacate such building.

Such services shall consist of such activities as [he or she] such commissioner may deem necessary, useful or appropriate for the relocation of such tenants, including but not limited to the gathering and furnishing of information as to suitable vacant accommodations, the making of studies and surveys for the purpose of locating such accommodations and the provision of facilities for the registration of such accommodations with the department of housing preservation and development by owners, lessors and managing agents of real property and others. Such commissioner shall not impose any deadline or limitation of time in which a tenant may apply for relocation services pursuant to subparagraph (v) of this paragraph.

§ 2. Section 27-2141 of the administrative code of the city of New York is amended by adding a new subdivision c to read as follows:

c.  An additional copy of the vacate order shall be posted on the entrance door of the dwelling which is the subject of such order, and shall not be removed until such order is revoked by the department pursuant to section 27-2142 of this code.

§ 3. Subdivision a of section 27-2142 of the administrative code of the city of New York is amended to read as follows:

a. No person shall occupy, or cause or permit to be occupied, any dwelling or part thereof while such dwelling or part is subject to a vacate order. Notwithstanding any other provision of law, an owner or managing agent or other representative of such owner who violates this subdivision by permitting or allowing re-occupancy of a premises that is subject to a vacate order shall be subject to a civil penalty of not less than five thousand dollars for each reoccupied dwelling unit in such premises.

§ 4. This local law takes effect 180 days after it becomes law, except that the commissioner of housing preservation and development may take such actions as are necessary for its implementation, including the promulgation of rules, before its effective date.

AV/MC

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1/24/17, 6.40pm