Section 12-120. Residency requirements  


Latest version.
  • a. Except as otherwise provided in
      section 12-121, any person who enters city service on or after September
      first nineteen hundred eighty-six (i) shall be a resident of the city on
      the date that he or she enters city  service  or  shall  establish  city
      residence  within  ninety days after such date and (ii) shall thereafter
      maintain city  residence  as  a  condition  of  employment.  Failure  to
      establish  or  maintain city residence as required by this section shall
      constitute a forfeiture of employment; provided, however, that prior  to
      dismissal  for  failure  to  establish  or  maintain  city  residence an
      employee shall be given notice of and the  opportunity  to  contest  the
      charge that his or her residence is outside the city.
        b.  Notwithstanding  subdivision a of this section, employees who have
      completed two years of city service shall be deemed to be in  compliance
      with the residency requirements of this section if they are residents of
      Nassau,   Westchester,  Suffolk,  Orange,  Rockland  or  Putnam  county;
      provided, however, that
        (i) the mayor may require deputy mayors, heads of mayoral agencies  as
      defined  in  section 385 of the charter, deputy commissioners, assistant
      commissioners and general counsels of such agencies  to  have  completed
      more  than  two  years  of  city  service  to  be in compliance with the
      residency requirements of this section,
        (ii) the speaker of the council may require  the  council's  chief  of
      staff, deputy chiefs of staff, general counsel and division directors to
      have  completed  more than two years of city service to be in compliance
      with the residency requirements of this section,
        (iii)  the  comptroller  may  require  the  chief  of  staff,   deputy
      comptrollers,   assistant  comptrollers  and  general  counsel  to  have
      completed more than two years of city service to be in  compliance  with
      the residency requirements of this section,
        (iv)  the borough presidents may require their chiefs of staff, deputy
      borough presidents and general counsels to have completed more than  two
      years   of   city  service  to  be  in  compliance  with  the  residency
      requirements of this section, and
        (v) the public  advocate  may  require  the  chief  of  staff,  deputy
      advocates  and  general counsel to have completed more than two years of
      city service to be in compliance with the residency requirements of this
      section.