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
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.