Employee Residency Requirements Information
Residence Requirements
Most employees of the City of New York are subject to residency requirements pursuant to the Administrative Code (§12-
119 through §12-121), as amended by Local Law 48 of 2009, and/or Mayoral Executive Order No. 131 of 2010, dated
February 24, 2010. The requirements for residence may vary based upon an employee’s position, title, status or agency,
but most City employees are required to establish and maintain residence in one of the five boroughs (Brooklyn, Bronx,
Manhattan, Queens and Staten Island) for two years of City employment.
As a result of Local Law 48, most employees may now reside in one of the six designated New York State counties (Nassau,
Westchester, Suffolk, Rockland, Orange or Putnam) after two years of continuous City employment. Other positions, such
as positions in the Executive Office of the Mayor and senior-level positions in Mayoral agencies, require that the employee
maintain city residence for the duration of his/her employment. Generally, employees have up to 90 days to establish City
residence if they are residing outside of the City at the time of appointment. For appointment to certain peace officer
titles, the NYS Public Officers Law requires City residence at the time of appointment.
As compliance with the residency requirements is a condition of employment, failure to establish and maintain compliance
with the residency requirements requires termination.
Those employees serving in the title of Chaplain or whose regular work site is located outside of the five boroughs are
excepted from the residency requirements, as are employees selected for titles certified as hard-to-recruit. For more
details regarding residence requirements and how they relate to the position for which you are being considered, please
review PSB 100-8R and speak with your HR representative.
Section 1127 of the New York City Charter
The provisions of Section 1127 of the New York City Charter require that City employees residing outside of New York
City at any time during their employment pay to the City an amount equal to that which would be paid if such non-resident
were a City resident as defined by Section 11-1705(b) (or any similar provision) of the Administrative Code of the City of
New York (Note: the City Charter incorrectly refers to 11-1706).
As a condition precedent to employment, each applicant must read and agree to the provisions of Section 1127 of the City
Charter by signature on the Affirmation that if he/she becomes a City Nonresident Individual:
(a) he/she will pay to the City an amount equivalent to the taxes that would be computed and determined for
City Residents;
(b) the City may deduct and withhold from such person's wages or compensation, such amount through payroll
deductions
(c) he/she will complete a NYC-1127 Form, which must be submitted before May 15 and must be accompanied
by a copy of his/her State income tax return (IT-201 or IT-203) along with copies of any relevant federal
schedules (i.e. D, E, C, etc.).
(d) he/she will update his/her address in NYCAPS using ESS and must notify the head of the employing agency if
his/her status as a nonresident individual or a resident individual changes.