NYC Administrative Code

§ 28-210.1.1 — Inspection; failure to gain access to premises.

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What is NYC AC § 28-210.1.1?

Quick Answer

This section outlines the process for the commissioner to inspect a building when a complaint is received regarding illegal occupancy exceeding the authorized dwelling units. If access is denied after two attempts, the commissioner may seek an administrative warrant for inspection. Applies to building owners facing potential violations of occupancy regulations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-210.1.1 Inspection; failure to gain access to premises.

AC § 28-210.1.1

Upon receiving a complaint of a condition relating to a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a violation of section 28-210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as evidenced by official records, the commissioner shall attempt to enter and inspect such building or part thereof. After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the corporation counsel to make an application in any court of competent jurisdiction for an ex parte administrative warrant directing the entry and inspection of such premises or location and to issue violations found upon access to such premises or locations. In preparing such requests, priority may be given by the commissioner to requests based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its terms. (L.L. 2017/094, 5/30/2017, eff. 9/27/2017)

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