§ 17-03 Objection Procedure.
RCNY § 17-03
(a)The Department may file a lien for its expenses and fees incurred pursuant to Administrative Code §§ 27-2144, 27-2153(q), 27-2091, 27-2115(f)(8), 27-2115(k), 28-215.1.1 and 28-216.11.
(b)Unless otherwise stated in Administrative Code § 27-2146 and these rules, (1) an owner, or (2) a mortgagee or lienor, whose mortgage or lien would have priority over the Department's lien if not for the provisions of § 27-2144, who receives a statement of account pursuant to Administrative Code § 27-2129 with a charge incurred pursuant to Administrative Code §§ 27-2125, 27-2153, 27-2091, 27-2115(f)(8), 27-2115(k), 28-215.1.1 or 28-216.11 may notify the Department in writing of his or her objection to such charge.
(c)The "statement date" listed on the Department of Finance's billing application detail for a statement of account shall be presumptive evidence that such statement of account was mailed within five business days of the statement date to the person or entity registered with the Department of Finance.
(d)All objections to a charge on a statement of account shall be submitted in writing or electronically. Each objection shall be addressed to the Department to the attention of the Research and Reconciliation Unit, 100 Gold Street,New York, N.Y. 10038 or to [email protected].
(e)Each objection to a charge on a statement of account shall: (1) specify the charge objected to and the nature of such objection, and (2) include any documentation supporting the objection. Any charge without specific objections from an owner shall be considered undisputed.
(f)If an owner submits an objection under Administrative Code § 27-2129 and 28 RCNY § 47-02 to a charge imposed under § 27-2115(f)(8) on the basis that he or she has attempted and failed to gain access to the dwelling unit that is the subject of the complaint-based inspection fee for the purpose of making repairs, then the owner shall include the following documentation: (i) Copies of at least four written notices delivered to the occupant of the subject dwelling unit (two attempts at access after each complaint-based inspection) requesting access at reasonable dates and times in accordance with 28 RCNY § 25-101, to make repairs. However, if the owner is requesting access to repair a class C violation, copies of such written notices will not be required unless such class C violation is for the existence of a lead-based paint hazard; and (ii) A sworn affidavit signed by the owner, that such owner or his or her representative was not able, after four attempts (two attempts at access after each complaint-based inspection), to gain access to the dwelling unit for the purpose of making repairs. Such affidavit shall include the date of each such attempt at access and shall describe the efforts made by the owner or his or her representative to obtain access to the dwelling unit, and such other information as the Department may require. When an owner requests access to repair a class C violation that is not for lead-based paint, the affidavit shall include details of the actions taken by the owner or his or her representative to notify the occupant of the subject dwelling unit, including, but not limited to, making telephone calls, sending emails, and knocking on the occupant's door at a reasonable time when he or she would be expected to be present. Such affidavit shall include the date and time of such actions.
(g)Each objection to a charge on a statement of account shall be received by the Department prior to the due and payable date of such charge. Pursuant to Administrative Code § 27-2129, if an owner does not notify the Department in writing of his or her objection to such a charge before the due and payable date as indicated on the statement of account, the owner may not contest the charge in any subsequent judicial or administrative proceeding.
(h)Unless otherwise stated in subdivision (c) of Administrative Code § 27-2146, a written objection to a charge on a statement of account may not be based upon: (1) the lawfulness of the repair or other work done or, (2) the propriety and accuracy of the expense for which a lien is claimed.
(i)Within a reasonable time after receipt of a written objection to a charge on a statement of account, the Department will make a determination based on all the documentation received from the objecting owner as well as the records of the Department. The Department will then inform the objecting owner of such determination in writing, including the reasons for that decision. (Amended City Record 7/21/2015, eff. 8/20/2015)
