[Adopted 2-14-1968 by Ord. No. 48-1968[1]]
[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:
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.
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.
[Added 1-21-1992 by Res. No. 26[1]]
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.
