Section 12-121. Exceptions to residence requirements

a. The commissioner of
  citywide administrative services on his or her own  initiative  or  upon
  application  of  the  head  of  an  agency  may  certify  that  there is
  difficulty in the recruitment of personnel for a position  and  that  to
  restrict recruitment for such position to persons who meet the residency
  requirements  of  section  12-120  based  on  their  residence  or their
  willingness to establish residence  consistent  with  such  requirements
  would  not  be in the public interest. Persons appointed to positions so
  certified by the commissioner shall not  be  required  to  establish  or
  maintain residence consistent with the requirements of such section as a
  condition  of  employment while in service in that position. Each agency
  head may make application to the  commissioner,  in  such  form  as  the
  commissioner  shall prescribe, for the certification of positions within
  the agency  head's  jurisdiction.  The  commissioner  may  certify  such
  positions subject to such limitations and conditions as the commissioner
  may   deem   appropriate.   Notwithstanding  the  foregoing  provisions,
  positions in the city council may be so certified by the speaker of  the
  city  council.  Copies of all certifications of the commissioner and the
  speaker shall be filed with the city  clerk  and  shall  be  subject  to
  annual review by the commissioner and speaker.
    b.  Residence  in  the  city  or Nassau, Westchester, Suffolk, Orange,
  Rockland or Putnam county shall  not  be  required  as  a  condition  of
  employment for:
    (1) persons appointed to the position of chaplain; or
    (2) employees whose regular work site is outside the city; or
    (3)  employees  who  have  performed  functions at a regular work site
  outside the city, where the city has reduced or terminated, or is in the
  process of reducing or  terminating,  the  direct  performance  by  city
  employees  of  such  functions  at  such  site,  and  the  city seeks to
  transfer, reassign, or  appoint  such  employees  to  positions  located
  within  the city. This paragraph shall apply only where the commissioner
  of citywide administrative services finds  that  it  is  in  the  public
  interest  to  waive the residence requirement for reasons including, but
  not limited to, facilitating the operations of the  affected  agency  or
  agencies or furthering the interests of employee relations.
    c.  City  residence shall not be required as a condition of employment
  for campus peace officers level I, level II and level III, as defined by
  subdivision twenty-seven of section 2.10 of the criminal procedure  law,
  employed by the city university of New York before the effective date of
  this subdivision.