2006 New York Code - Exceptions To City Residence Requirements.

 
    §   12-121   Exceptions   to   city  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  city  residents  and
  persons who would be willing to establish city residence would not be in
  the  public interest. Persons appointed to positions so certified by the
  commissioner shall  not  be  required  to  establish  or  maintain  city
  residence  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.  City  residence 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.