N.Y.C. Admin. Code § L.L. 1986/073: L.L. 1986/073

Enactment date: 12/8/1986

Int. No. 724

By Council Member Spigner (by request of the Mayor); also Council Members Foster and Messinger

A Local Law to amend the administrative code of the city of New York, in relation to extending the moratorium on the conversion, alteration or demolition of single room occupancy multiple dwellings and prohibiting withdrawal of single room occupancy dwelling units from the rental market during the moratorium

Be it enacted by the Council as follows:

Section one. Declaration of legislative findings. On October second, nineteen hundred eighty-six, a judgment was entered by a justice of the New York state supreme court which invalidated local law number twenty-four for the year nineteen hundred eighty-six on the ground that the requirements for notice of public hearing prior to mayoral approval of the measure set forth in former section 38b-1.0 of the administrative code of the city of New York were not met. Since the hearing held in connection with mayoral approval of local law number twenty-two for the year nineteen hundred eighty-six, relating to extending the moratorium on conversion, alteration or demolition of single room occupancy multiple dwellings and prohibiting withdrawal of single room occupancy dwelling units from the rental market during the moratorium, was similarly noticed, questions may be raised as to the validity of local law number twenty-two for such year. While the corporation counsel advises that the judgment invalidating local law twenty-four for such year is before the appellate courts, and that, in his view, the mayor properly approved local law number twenty-four for such year and all other local laws which were before the mayor at that time, the council has determined that to exercise utmost caution in order to protect the population of low income persons it is prudent at this time to re-enact the provisions of local law number twenty-two for such year so as to remove any uncertainty that may exist as to its status.

§ 2. Section six of local law number fifty-nine for the year nineteen hundred eighty-five is amended to read as follows:

§ 6. This local law shall take effect immediately and shall be retroactive to and shall be deemed to have been in full force and effect on and after January ninth, nineteen hundred eighty-five. Subdivisions a and c of section C26-118.10 of the administrative code, as added by section two of this local law, shall cease to have any force and effect and shall terminate [eighteen months after such effective date] on December thirty-first, nineteen hundred eighty-six, unless terminated prior to such date by local law.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. Subdivisions a and c of section 27-198.2 of the administrative code of the city of New York shall cease to have any force or effect and shall terminate on December thirty-first, nineteen hundred eighty-six, unless terminated prior to such date by local law.

§ 6. To the extent that this local law has application prior to September first, nineteen hundred eighty-six, the amendments to section 27-198.2 and subchapter four of chapter two of title twenty-seven of the administrative code of the city of New York shall be deemed amendments to former section C26-118.10 and title D of chapter twenty-six, respectively, of such code repealed by chapter nine hundred seven of the laws of nineteen hundred eighty-five.

§ 7. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 8. This local law shall take effect immediately and be retroactive to and deemed in full force and effect as of July eighth, nineteen hundred eighty-six.