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NEW YORK STATE
MULTIPLE DWELLING LAW
Chapter 713 of the Laws of 1929, as amended
ARTICLE 9
REGISTRY OF NAMES AND SERVICE OF PAPERS
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.
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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.
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