NY-MDW Multiple Dwelling Law NY

Contents

ARTICLE 1 Introductory Provisions; Definitions

§ 1 — Short title

Short title. This chapter shall be known as the "multiple

dwelling law."

§ 2 — Legislative finding

Legislative finding. It is hereby declared that intensive

occupation of multiple dwelling sites, overcrowding of multiple dwelling

rooms, inadequate provision for light and air, and insufficient

protection against the defective provision for escape from fire, and

improper sanitation of multiple dwellings in certain areas of the state

are a menace to the health, safety, morals, welfare, and reasonable

comfort of the citizens of the state; and that the establishment and

maintenance of proper housing standards requiring sufficient light, air,

sanitation and protection from fire hazards are essential to the public

welfare. Therefore the provisions hereinafter prescribed are enacted

and their necessity in the public interest is hereby declared as a

matter of legislative determination.

§ 3 — Application to cities, towns and villages

Application to cities, towns and villages. 1. This chapter shall

apply to all cities with a population of three hundred twenty-five

thousand or more.

2. The legislative body of any other city, town or village may adopt

the provisions of this chapter and make the same applicable to dwellings

within the limits of such city, town or village by the passage of a

local law or ordinance adopting the same; and upon the passage of such

local law or ordinance all of the provisions of articles one, two,

three, four, five, ten and eleven and such sections or parts of sections

of the other articles of this chapter as such local law or ordinance

shall enumerate, shall apply to such city, town or village from the date

stated in such law or ordinance.

3. Except as herein otherwise specified, every multiple dwelling shall

be constructed or maintained in conformity with other applicable laws.

4. a. Any city, town or village may make local laws, ordinances,

resolutions or regulations not less restrictive than those provided in

this chapter and may provide for their enforcement by legal or equitable

actions or proceedings, and prescribe the penalties, sanctions and

remedies for violations thereof. In the enforcement and administration

of this chapter in a city of three hundred twenty-five thousand or more

persons, the penalties, sanctions and remedies enacted by local law may

be applied, notwithstanding their inconsistency with this chapter, or

the provisions of this chapter.

b. In a city of three hundred twenty-five thousand or more persons,

such local laws may authorize such actions or proceedings against the

owner, lessee of a whole multiple dwelling, agent or other person having

control of such dwelling, and any responsible party, or against the

dwelling in rem. Such local laws may further authorize (1) that civil

penalties may be enforced against the person liable therefor, and that

in addition to the methods of enforcement for judgments established in

the civil practice law and rules, a lien may be imposed against the

premises and the rents therefrom; (2) that such civil penalties may be

enforced against the dwelling by the imposition of a lien against the

rents therefrom.

c. Such local laws may also authorize that all liens upon rents,

whether authorized by state or local law, may be satisfied without

further judicial proceedings by the collection of rents due or to become

due.

5. Whenever a provision of any local law, ordinance, resolution or

regulation is more restrictive in a requirement for height, area or use,

such local law, ordinance, resolution or regulation shall govern and

take precedence over any lesser requirements of this chapter. When,

however, the provisions of this chapter impose more restrictive

requirements, the provisions of this chapter shall govern.

6. A local law, ordinance, resolution or regulation shall not prohibit

in any class A multiple dwelling erected after April eighteenth,

nineteen hundred twenty-nine, in compliance with the provisions of this

chapter, the use of wood for sleepers, grounds, nailing blocks,

underflooring or finish flooring or, within apartments, doors with their

assemblies, interior trim and assemblies of exterior windows, interior

finish, closet fixtures, kitchen fixtures, shelving, cupboards, cabinets

or wardrobes.

7. Except as provided in subdivisions four and five, a local law,

ordinance, rule or regulation shall not modify or dispense with any

provision of this chapter.

8. Wherever the word "city" occurs in this chapter, it shall be

construed as though followed by the words "or town or village to which

this chapter is applicable." The words "charter," "ordinance,"

"resolution," "regulation," "building code," "department of health,"

"department of water supply," "fire department," "department," "board,"

"city engineer," "corporation counsel," "city treasury," or "fire

limits," shall be construed as if followed by the words "or

corresponding authority of any city, town or village to which this

chapter is applicable and in which the dwelling or location referred to

is situated."

9. Wherever in any statute of the state other than this chapter, or in

any local law, ordinance, resolution or regulation, reference is made to

the tenement house law in relation to a city to which this chapter is

applicable, such reference shall be construed as applying to the

provisions of this chapter. If reference be made therein to any section

or other part of the tenement house law, such reference shall be

construed as applying to the provisions of this chapter relating to the

same subject matter as the said section or part. If reference be made

therein to a "tenement house," such reference shall be construed as

applying to a class A multiple dwelling.

10. Wherever the date April eighteenth, nineteen hundred twenty-nine,

shall appear in this chapter such date shall be construed as if followed

by the words "or the date when this chapter or any of its provisions

became or becomes applicable to any city, town or village outside the

City of New York."

11. Notwithstanding any other provision of this section, the following

enumerated articles, sections and subdivisions of sections of this

chapter shall not apply to the construction or alteration of multiple

dwellings for which an application for a permit is made to the

department after December sixth, nineteen hundred sixty-nine in a city

having a population of one million or more which adopts or has adopted

local laws, ordinances, resolutions or regulations providing protection

from fire hazards and making provision for escape from fire in the

construction and alteration of multiple dwellings and in other respects

as protective as local law seventy-six of the laws of the city of New

York for nineteen hundred sixty-eight and covering the same subject

matter as the following: subdivisions twenty-five, twenty-seven,

twenty-eight, thirty-five-c, thirty-six and thirty-nine of section four,

subdivision three of section twenty-eight, sections thirty-six,

thirty-seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five,

sixty, sixty-one, sixty-seven, subdivisions one, two, four and five of

section seventy-five, article four, article five, article five-A,

article six and article seven-B; except that after December sixth,

nineteen hundred sixty-nine where a multiple dwelling erected prior to

December sixth, nineteen hundred sixty-nine is altered, or a building

erected prior to December sixth, nineteen hundred sixty-nine is

converted to a multiple dwelling pursuant to a permit applied for to the

department having jurisdiction, the foregoing articles, sections and

subdivisions of sections shall remain applicable where a local law of

such city authorizes such alteration or conversion to be made, at the

option of the owner, either in accordance with the requirements of the

building law and regulations in effect in such city prior to December

sixth, nineteen hundred sixty-eight or the requirements of the building

law and regulations in effect after such date, and the owner elects to

comply with the requirements of the building law and regulations in

effect prior to December sixth, nineteen hundred sixty-eight.

§ 4 — Definitions

Definitions. Certain words and terms when used in this chapter,

unless the context or subject matter requires otherwise, are defined as

follows:

1. Wherever the word or words "occupied," "is occupied," "used" or "is

used" appear, such word or words shall be construed as if followed by

the words "or is intended, arranged or designed to be used or occupied."

2. The word "shall" is always mandatory.

3. The term "department" shall mean the department, bureau, division

or other agency charged with the enforcement of this chapter.

4. A "dwelling" is any building or structure or portion thereof which

is occupied in whole or in part as the home, residence or sleeping place

of one or more human beings.

5. A "family" is either a person occupying a dwelling and maintaining

a household, with not more than four boarders, roomers or lodgers, or

two or more persons occupying a dwelling, living together and

maintaining a common household, with not more than four boarders,

roomers or lodgers. A "boarder," "roomer" or "lodger" residing with a

family shall mean a person living within the household who pays a

consideration for such residence and does not occupy such space within

the household as an incident of employment therein.

6. A "private dwelling" is any building or structure designed and

occupied exclusively for residence purposes by not more than two

families.

A building designed for and occupied exclusively by one family is a

"single-family private dwelling."

A building designed for and occupied exclusively by two families is a

"two-family private dwelling."

Private dwellings shall also be deemed to include a series of

one-family or two-family dwelling units each of which faces or is

accessible to a legal street or public thoroughfare provided that each

such dwelling unit is equipped as a separate dwelling unit with all

essential services, and also provided that each such unit is arranged so

that it may be approved as a legal one-family or two-family dwelling.

7. A "multiple dwelling" is a dwelling which is either rented, leased,

let or hired out, to be occupied, or is occupied as the residence or

home of three or more families living independently of each other. On

and after July first, nineteen hundred fifty-five, a "multiple dwelling"

shall also include residential quarters for members or personnel of any

hospital staff which are not located in any building used primarily for

hospital use provided, however, that any building which was erected,

altered or converted prior to July first, nineteen hundred fifty-five,

to be occupied by such members or personnel or is so occupied on such

date shall not be subject to the requirements of this chapter only so

long as it continues to be so occupied provided there are local laws

applicable to such building and such building is in compliance with such

local laws. A "multiple dwelling" shall not be deemed to include a

hospital, convent, monastery, asylum or public institution, or a

fireproof building used wholly for commercial purposes except for not

more than one janitor's apartment and not more than one penthouse

occupied by not more than two families. For the purposes of this chapter

"multiple dwellings" are divided into two classes: "class A" and "class

B."

8. a. A "class A" multiple dwelling is a multiple dwelling that is

occupied for permanent residence purposes. This class shall include

tenements, flat houses, maisonette apartments, apartment houses,

apartment hotels, bachelor apartments, studio apartments, duplex

apartments, kitchenette apartments, garden-type maisonette dwelling

projects, and all other multiple dwellings except class B multiple

dwellings. A class A multiple dwelling shall only be used for permanent

residence purposes. For the purposes of this definition, "permanent

residence purposes" shall consist of occupancy of a dwelling unit by the

same natural person or family for thirty consecutive days or more and a

person or family so occupying a dwelling unit shall be referred to

herein as the permanent occupants of such dwelling unit. The following

uses of a dwelling unit by the permanent occupants thereof shall not be

deemed to be inconsistent with the occupancy of such dwelling unit for

permanent residence purposes:

(1) (A) occupancy of such dwelling unit for fewer than thirty

consecutive days by other natural persons living within the household of

the permanent occupant such as house guests or lawful boarders, roomers

or lodgers; or

(B) incidental and occasional occupancy of such dwelling unit for

fewer than thirty consecutive days by other natural persons when the

permanent occupants are temporarily absent for personal reasons such as

vacation or medical treatment, provided that there is no monetary

compensation paid to the permanent occupants for such occupancy.

(2) In a class A multiple dwelling owned by an accredited

not-for-profit college or university or leased by such a college or

university under a net lease for a term of forty-nine years or more, the

use of designated dwelling units for occupancy for fewer than thirty

consecutive days shall not be inconsistent with the occupancy of such

multiple dwelling for permanent residence purposes if:

(A) No more than five percent of the dwelling units in such multiple

dwelling but not less than one dwelling unit, are designated for such

use and the designation of a unit once made may not be changed to

another unit;

(B) A list of the designated dwelling units certified by an authorized

representative of the college or university is kept on the premises by

the owner or net lessee and made available upon request for inspection

by the department or the fire department of such city;

occupancy for fewer than thirty consecutive days and only by (i) natural

persons, other than persons whose only relationship with the college or

university is as a student, for whom the college or university has

undertaken to provide housing accommodations such as visiting professors

and academics, graduate students with research or teaching fellowships,

researchers and persons presenting academic papers, interviewing for

positions of employment or having other similar business with the

college or university, or (ii) natural persons for whom a hospital

affiliated with such college or university has undertaken to provide

housing accommodations such as patients, patients' families and/or

accompanying escorts, medical professionals and healthcare consultants

or persons having other similar business with such hospital. A log shall

be maintained on the premises of the names and addresses of such persons

and the duration and reason for their stay. Such log shall be accessible

upon request for inspection by the department and the fire department of

such municipality;

(D) No rent or other payment is collected for such occupancy; and

(E) The fire department of such city shall require the filing of a

fire safety plan or other appropriate fire safety procedure.

b. A "garden-type maisonette dwelling project" is a series of

attached, detached or semi-detached dwelling units which are provided as

a group collectively with all essential services such as, but not

limited to, water supply and house sewers, and which units are located

on a site or plot not less than twenty thousand square feet in area

under common ownership and erected under plans filed with the department

on or after April eighteenth, nineteen hundred fifty-four, and which

units together and in their aggregate are arranged or designed to

provide three or more apartments.

9. A "class B" multiple dwelling is a multiple dwelling which is

occupied, as a rule transiently, as the more or less temporary abode of

individuals or families who are lodged with or without meals. This class

shall include hotels, lodging houses, rooming houses, boarding houses,

boarding schools, furnished room houses, lodgings, club houses, college

and school dormitories and dwellings designed as private dwellings but

occupied by one or two families with five or more transient boarders,

roomers or lodgers in one household.

10. A "converted dwelling" is a dwelling (a) erected before April

eighteenth, nineteen hundred twenty-nine, to be occupied by one or two

families living independently of each other and subsequently occupied as

a multiple dwelling, or (b) a dwelling three stories or less in height

erected after April eighteenth, nineteen hundred twenty-nine, to be

occupied by one or two families living independently of each other and

subsequently occupied by not more than three families in all, with a

maximum occupancy of two families on each floor in a two story building

and one family on each floor in a three story building, in compliance

with the provisions of article six of this chapter, including section

one hundred seventy-a of said article. A converted dwelling occupied as

a class A multiple dwelling is a class A converted dwelling; every other

converted dwelling is a class B converted dwelling.

11. A "tenement" is any building or structure or any portion thereof,

erected before April eighteenth, nineteen hundred twenty-nine, which is

occupied, wholly or in part, as the residence of three families or more

living independently of each other and doing their cooking upon the

premises, and includes apartment houses, flat houses and all other

houses so erected and occupied, except that a tenement shall not be

deemed to include any converted dwelling. An "old-law tenement" is a

tenement existing before April twelfth, nineteen hundred one, and

recorded as such in the department before April eighteenth, nineteen

hundred twenty-nine, except that it shall not be deemed to include any

converted dwelling.

12. A "hotel" is an inn having thirty or more sleeping rooms.

13. A "rooming house" or a "furnished room house" is a multiple

dwelling, other than a hotel, having less than thirty sleeping rooms and

in which persons either individually or as families are housed for hire

or otherwise with or without meals. An inn with less than thirty

sleeping rooms is a rooming house.

14. A "lodging house" is a multiple dwelling, other than a hotel, a

rooming house or a furnished room house, in which persons are housed for

hire for a single night, or for less than a week at one time, or any

part of which is let for any person to sleep in for any term less than a

week.

15. An "apartment" is that part of a multiple dwelling consisting of

one or more rooms containing at least one bathroom and arranged to be

occupied by the members of a family, which room or rooms are separated

and set apart from all other rooms within a multiple dwelling.

16. "Single room occupancy" is the occupancy by one or two persons of

a single room, or of two or more rooms which are joined together,

separated from all other rooms within an apartment in a multiple

dwelling, so that the occupant or occupants thereof reside separately

and independently of the other occupant or occupants of the same

apartment. When a class A multiple dwelling is used wholly or in part

for single room occupancy, it remains a class A multiple dwelling.

17. A "public hall" is a hall, corridor or passageway within a

building but outside of all apartments and suites of private rooms. A

"public vestibule" is a corridor, not within an apartment or suite of

private rooms, providing access to a stair or elevator and not wider

than seven feet nor longer than twice the width of the stair or elevator

shafts opening upon it. A "public room" or "public part" of a dwelling

is a space used in common by the occupants of two or more apartments or

rooms, or by persons who are not tenants, or exclusively for mechanical

equipment of such dwelling or for storage purposes.

18. A "living room" is a room which is not a public hall, public

vestibule, public room or other public part of a dwelling. Every room

used for sleeping purposes shall be deemed a living room. Dining bays

and dinettes fifty-five square feet or less in floor area, foyers,

water-closet compartments, bathrooms, cooking spaces less than eighty

square feet in area, and halls, corridors and passageways entirely

within an apartment or suite of rooms shall not be deemed living rooms.

"Floor space" shall mean the clear area of the floor contained within

the partitions or walls enclosing any room, space, foyer, hall or

passageways of any dwelling.

19. A "dining bay," "dining recess" or "dinette" is a recess used for

dining purposes off a living room, foyer or kitchen.

20. A "foyer" is a space within an apartment or suite of rooms used as

an entrance hall directly from a public hall.

21. A "dormitory" in a lodging house is any place used for sleeping

purposes. A "cubicle" is a small partially enclosed sleeping space

within a dormitory with or without a window to the outer air.

22. "Premises" shall mean land and improvements or appurtenances or

any part thereof.

23. "Structure" shall mean a building or construction of any kind.

24. "Alteration," as applied to a building or structure, shall mean

any change or rearrangement in the structural parts or in the egress

facilities of any such building or structure, or any enlargement

thereof, whether by extension on any side or by any increase in height,

or the moving of such building or structure from one location or

position to another.

25. A "fireproof multiple dwelling" is one in which the walls and

other structural members are of incombustible materials or assemblies

meeting all of the requirements of the building code and with standard

fire-resistive ratings of not less than one of the following sets of

requirements:

a. For any multiple dwelling more than one hundred feet in height,

four hours for fire walls, party walls, piers, columns, interior

structural members which carry walls, girders carrying columns, and for

exterior walls other than panel walls; three hours for other girders,

fire partitions, floors including their beams and girders, beams, roofs,

floor fillings, and stairway enclosures; and two hours for exterior

panel walls.

b. For any multiple dwelling one hundred feet or less in height, the

provisions of preceding paragraph a shall apply, except that the minimum

requirements shall be three hours for exterior walls other than panel

walls, which shall be two hours; two hours for protection of interior

columns; one and one-half hours for roofs and for floors and beams;

provided, however, that for a multiple dwelling three stories or less in

height, the requirement for all floors and the roof shall be one hour.

26. The term "fireproof," as applied to a part or parts of a building,

means such part or parts are made of incombustible materials with

standard fire-resistive ratings not less than those required for the

corresponding part or parts of a fireproof dwelling.

27. A "non-fireproof dwelling" is one which does not meet the

requirements for a fireproof dwelling.

28. A "frame dwelling" is a dwelling of which the exterior walls or

any structural parts of such walls are of wood. A dwelling which would

not otherwise be a frame dwelling shall not be deemed a frame dwelling

by reason of the existence on such dwelling of frame oriel, bay or

dormer windows, frame porches not more than one story in height, or

frame extensions not more than one story in height and fifty-nine square

feet in area if such windows, porches or extensions were erected prior

to April thirteenth, nineteen hundred forty.

29. The term "fire-retarded," as applied to a part or parts of a

building, means such part or parts are either covered with metal lath

plastered with two or more coats of mortar or otherwise protected

against fire in a manner approved by the department with materials of

standard fire-resistive ratings of at least one hour. Fireproofing shall

always be accepted as meeting any requirement for fire-retarding.

30. "Fire-stopping" means the closing of all concealed draft openings

to form an effectual fire barrier at floors, ceilings and roofs with

brick, concrete, gypsum, asbestos, mineral wool, rock wool, metal lath

with cement or gypsum plaster, or other approved incombustible

materials.

31. A "lot" is a parcel or plot of ground which is or may be occupied

wholly or in part by a dwelling, including the spaces occupied by

accessory or other structures and any open or unoccupied spaces thereon,

but not including any part of an abutting public street or thoroughfare.

a. A "corner lot" is a lot of which at least two adjacent sides abut

for their full length upon streets or public places not less than forty

feet in width. That portion of a corner lot in excess of one hundred

feet from any street on which the lot abuts shall be considered an

interior lot.

An "interior lot" is a lot which is neither a corner lot nor a through

lot.

b. The "front" of a lot is that boundary line which abuts on the

street, or, if there be more than one street abutting, on the street

designated by the owner. The "rear" of a lot is the side opposite the

front.

c. The "depth" of a lot is the distance from the front of the lot to

the extreme rear line of the lot. In the case of an irregular-shaped lot

the mean depth shall be taken.

d. A "through lot" is a lot running through from street to street

whose front and rear lines abut for their entire lengths upon streets or

open public places; provided, however, that when either of said lines

exceeds the other in length by more than twenty per centum, that part of

the lot contiguous to the excess length of the longer line shall be

deemed an interior lot. The department may designate which part of the

longer line is the excess in length and make any reasonable

interpretation of the part of the lot to be regarded as contiguous to

such excess.

e. Lots or portions of lots shall be deemed "back to back" when they

are on opposite sides of the same part of a rear line common to both and

the opposite street lines on which the lots front are parallel with each

other or make an angle with each other of not more than forty-five

degrees.

32. A "rear yard" is an open space on the same lot with a dwelling

between the extreme rear line of the lot and the extreme rear wall of

the dwelling. A "side yard" is a continuous open space on the same lot

with a dwelling between the wall of a dwelling and a line of the lot

from the street to a rear yard or rear line of a lot. A "court" is an

open space other than a side or rear yard, on the same lot as a

dwelling. A court not extending to the street or rear yard is an "inner

court". A court extending to the street or rear yard is an "outer

court".

32-a. "A rear yard equivalent" is an open area which may be required

on a through lot as an alternative to a required rear yard.

33. The "curb level", for the purpose of measuring the height of any

portion of a building, is the level of the curb at the center of the

front of the building; except that where a building faces on more than

one street, the curb level is the average of the levels of the curbs at

the center of each front. Where no curb elevation has been established

the average elevation of the final grade adjoining all exterior walls of

a building, calculated from grade elevations taken at intervals of ten

feet around the exterior walls of the building, shall be considered the

curb level, unless the city engineer shall establish such curb level or

its equivalent.

34. A "street wall" of a building, at any level, is the wall of the

building nearest to a street line abutting the property.

35. a. The "height" of a dwelling is the vertical distance from the

curb level to the level of the highest point of the roof beams; except

that, in the case of pitched roofs, it is the vertical distance from the

curb level to the mean height level of the gable or roof above the

vertical street wall. When no roof beams exist or when there are

structures wholly or partly above the roof, the height shall, except as

otherwise expressly provided, be measured from the curb level to the

level of the highest point of any such structure; except that where

every part of the building is set back more than twenty-five feet from a

street line, the height shall be measured from the average grade

elevation calculated from the final grade elevations taken at intervals

of ten feet around the exterior walls of the building.

b. Except as otherwise provided in section two hundred eleven, the

following superstructure shall not be considered in measuring the height

of a dwelling; parapet walls or guard railings, other superstructures

twelve feet or less in height and occupying fifteen per centum or less

of the area of the roof, elevator enclosures thirty feet or less in

height used solely for elevator purposes, enclosures fifty feet or less

in height used solely for tanks, cooling towers or other mechanical

equipment; and, when approved by the department, pergolas, spires,

chimneys, other ornamental treatments, roof gardens and playgrounds.

c. When on the main roof of any fireproof multiple dwelling erected

after April eighteenth, nineteen hundred twenty-nine, in which one or

more passenger elevators are operated, a penthouse dwelling is erected

the height of which does not exceed twelve feet and the walls of which

are set back as provided in this paragraph, the height of such multiple

dwelling shall be measured as though no such penthouse had been erected

thereon. Such penthouse walls shall be set back from the outer face of

the front parapet wall at least five feet, from the outer face of the

yard parapet wall at least ten feet, and from the inner face of every

other parapet wall at least three feet; except that the setback so

required from any parapet wall facing any court or yard or recess

therefrom but not facing any street may be reduced one-third for each

ten per centum by which the area of such court or yard exceeds the

required minimum area thereof at the highest level of such parapet wall,

and the setback so required from any parapet wall facing any street may

be reduced one foot for each foot that such parapet wall is set back

from the building line established by law at the highest level of such

parapet wall, provided that in the opinion of the department safe and

sufficient passage is provided to and from every part of the main roof.

Any penthouse wall which may be flush with the inner face of any parapet

wall may be flush with the outer face thereof.

d. If a rear multiple dwelling is erected after April eighteenth,

nineteen hundred twenty-nine, on the same lot as a front multiple

dwelling, and the depth of the yard of the front multiple dwelling is

more than sixty feet and the lowest point of such yard is below the curb

level and below the floor of a cellar of the front multiple dwelling or

of the lowest story thereof if there is no cellar, the height of the

rear multiple dwelling shall be measured from such lowest point instead

of from the curb level.

36. A "story" is a space between the level of one finished floor and

the level of the next higher finished floor, or, if the top story, of

the space between the level of the highest finished floor and the top of

the highest roof beams, or, if the first story, of the space between the

level of the finished floor and the finished ceiling immediately above.

For the purpose of measuring height by stories in multiple dwellings

erected after April eighteenth, nineteen hundred twenty-nine, one

additional story shall be added for each twelve feet or fraction thereof

that the first story exceeds fifteen feet in height, and for each twelve

feet or fraction thereof that any story above the first story exceeds

twelve feet in height.

37. A "cellar" in a dwelling is an enclosed space having more than

one-half of its height below the curb level; except that where every

part of the building is set back more than twenty-five feet from a

street line, the height shall be measured from the adjoining grade

elevations calculated from final grade elevations taken at intervals of

ten feet around the exterior walls of the building. A cellar shall not

be counted as a story.

38. A "basement" is a story partly below the curb level but having at

least one-half of its height above the curb level; except that where

every part of the building is set back more than twenty-five feet from a

street line, the height shall be measured from the adjoining grade

elevations calculated from final grade elevations taken at intervals of

ten feet around the exterior walls of the building. A basement shall be

counted as a story in determining height, except as provided in

paragraph e of subdivision six of section one hundred two.

39. A "section" of a multiple dwelling is a part thereof, other than

an apartment or suite of rooms, separated as a unit from the rest of

such dwelling by fireproof construction.

40. A "shaft" is an enclosed space extending through one or more

stories of a building connecting a series of openings therein, or any

story or stories and the roof, and includes exterior and interior shafts

whether for air, light, elevator, dumbwaiter or any other purpose.

41. A "stair" is a flight or flights of steps together with any

landings and parts of public halls through which it is necessary to pass

in going from one level thereof to another.

42. a. A "fire-tower" is a fireproof stair, enclosed in fireproof

walls, without access to the building from which it affords egress other

than by a fireproof self-closing door opening on a communicating balcony

or other outside platform at each floor level.

b. A "fire-stair" is a fireproof stair, enclosed in fireproof walls,

within the body of the building which it serves, to which access may be

had only through self-closing fireproof doors.

c. A "fire-escape" is a combination of outside balconies and stairs

providing an unobstructed means of egress from rooms or spaces in a

building.

d. A "panel wall" is a non-bearing wall in skeleton construction

erected between columns or piers and wholly supported at each story.

43. Window dimensions shall always be taken between stop-beads or, if

there are no stop-beads, between the sides, head and sill of the sash

opening.

44. The term "owner" shall mean and include the owner or owners of the

freehold of the premises or lesser estate therein, a mortgagee or vendee

in possession, assignee of rents, receiver, executor, trustee, lessee,

agent, or any other person, firm or corporation, directly or indirectly

in control of a dwelling. Whenever a multiple dwelling shall have been

declared a public nuisance to any extent pursuant to paragraph b of

subdivision one of section three hundred nine of this chapter and such

declaration shall have been filed as therein provided, the term "owner"

shall be deemed to include, in addition to those mentioned hereinabove,

all the officers, directors and persons having an interest in more than

ten per cent of the issued and outstanding stock of the owner as herein

defined, as holder or beneficial owner thereof, if such owner be a

corporation other than a banking organization as defined in section two

of the banking law, a national banking association, a federal savings

and loan association, The Mortgage Facilities Corporation, Savings Banks

Life Insurance Fund, The Savings Banks Retirement System, an authorized

insurer as defined in section one hundred seven of the insurance law, or

a trust company or other corporation organized under the laws of this

state all the capital stock of which is owned by at least twenty savings

banks or a subsidiary corporation all of the capital stock of which is

owned by such trust company or other corporation.

ARTICLE 2 Miscellaneous Application Provisions

§ 8 — General application of chapter to dwellings

General application of chapter to dwellings. All the requirements

of this chapter shall apply to all kinds and classes of multiple

dwellings, except where there are specific provisions, requirements or

exceptions for one or more kinds or classes. A specific provision for

one kind or class of dwelling shall apply only to that kind or class of

dwelling to which such reference is made. Whenever a specific provision

is inconsistent with a general provision of this chapter, the specific

provision shall apply and take precedence. The department shall have

power to classify dwellings in accordance with the provisions of this

chapter.

§ 9 — Buildings converted or altered

Buildings converted or altered. 1. On or after December

fifteenth, nineteen hundred sixty-one, no multiple dwelling shall be

enlarged or its lot diminished so that the yard or other unoccupied

areas shall be less in size or area than the minimum dimensions

prescribed in section twenty-six.

2. A building not a dwelling, if converted or altered after April

eighteenth, nineteen hundred twenty-nine, to a multiple dwelling, shall

thereupon become subject to all the provisions of this chapter

applicable to dwellings of like class and kind erected after such date.

3. A dwelling of one class or kind, altered or converted after April

eighteenth, nineteen hundred twenty-nine, to another class or kind,

except as hereinafter in this section and in articles six and seven

otherwise provided, shall thereupon become subject to all the provisions

of this chapter applicable to a building of that class or kind, erected

after such date, to which it is altered or converted.

4. No dwellings shall be altered so as to be in violation of any

provision of this chapter relating to dwellings of like class and kind

erected after April eighteenth, nineteen hundred twenty-nine, except

that it shall be sufficient for the purposes of this section that

tenements shall comply with article seven, converted dwellings comply

with article six, and lodging houses comply with section sixty-six.

Nothing in this section shall, however, be deemed to prohibit the

conversion or alteration of any multiple dwelling, other than a

converted dwelling and a lodging house, from a class A to a class B

multiple dwelling, or vice-versa, provided that the entire dwelling is

of fireproof construction and is made to conform to the applicable

provisions of section sixty-seven, and to all other provisions of this

chapter applicable to multiple dwellings of like class and kind erected

before April eighteenth, nineteen hundred and twenty-nine.

5. a. Any multiple dwelling may be altered to conform with any

provision of this chapter applicable to dwellings of like class and kind

and not expressly limited in application to dwellings erected after

April eighteenth, nineteen hundred twenty-nine; or to conform to the

provisions of this chapter relating to egress, or to exits from

apartments, in dwellings of like class and kind erected after such date

if such dwelling also conforms or is made to conform to all the

requirements relating to stairs and public halls in dwellings erected

after such date, except that existing dimensions of stair landings,

treads and risers need not be changed.

b. An apartment in any part of a fireproof multiple dwelling erected

before April eighteenth, nineteen hundred twenty-nine, may be altered or

subdivided and need not conform to the requirements of paragraph a of

this section relating to stairs and public halls provided each newly

created apartment has access to a public hall which provides horizontal

egress to at least two stairs. If both of such stairs are not arranged

and designed as required by sections two hundred thirty-six and two

hundred thirty-seven, at least one of such stairs shall be so arranged

and designed, and the other shall be arranged and designed as required

by section two hundred thirty-nine. Both stairs shall be protected by

automatic sprinkler heads throughout.

6. Any tenement previously converted to other uses may be altered or

reconverted to a tenement by complying with the provisions of article

seven, provided, however, that its height and bulk were not enlarged

prior to such alteration or reconversion except as permitted by and in

accordance with the provisions of sections two hundred eleven and two

hundred twelve of this chapter.

7. In any class B multiple dwelling, except a rooming house or lodging

house, any apartment may be occupied as an apartment in a class A

multiple dwelling, provided such apartment complies with all the

requirements for apartments in class A multiple dwellings erected after

April eighteenth, nineteen hundred twenty-nine. In any rooming house or

lodging house, one apartment may be occupied as an apartment in a class

A multiple dwelling, provided such apartment is occupied solely by the

owner, janitor, superintendent or caretaker.

8. Any apartment in any class A multiple dwelling may be occupied for

single room occupancy only if such dwelling complies with the provisions

of section two hundred forty-eight and all other provisions of this

chapter applicable to such dwelling.

9. Excepting a frame dwelling, any dwelling three stories or less in

height erected after April eighteenth, nineteen hundred twenty-nine as a

one or two-family dwelling may be converted to a multiple dwelling to be

occupied by not more than three families in all, with a maximum

occupancy of two families on each floor in a two story building and one

family on each floor in a three story building, provided however that it

shall be unlawful for any such dwelling converted at any time since

October fifteenth, nineteen hundred fifty-two, to have any boarders or

roomers. In each such instance, compliance shall be required with all

the provisions of article six, including section one hundred seventy-a

of said article.

10. If any class A dwelling erected before April eighteenth, nineteen

hundred twenty-nine, is altered so as to increase the number of living

rooms by more than twenty per centum, such dwelling, except as otherwise

provided in sections two hundred eighteen, two hundred thirty-five and

two hundred thirty-six, shall be made to conform to the requirements of

this chapter with respect to class A dwellings of like class and kind

erected after such date.

§ 10 — Time for compliance

Time for compliance. All alterations required by this chapter

upon dwellings erected before its adoption by or application to any

city, town or village, in whole or in part, shall, unless specifically

provided otherwise in this chapter, be made not later than five years

after such adoption or application, or at such earlier date as may be

deemed necessary by the department in order to remove a condition

dangerous or detrimental to life or health.

§ 11 — Dwellings damaged or moved

Dwellings damaged or moved. 1. If a multiple dwelling be damaged

by fire or other cause to the extent of two-thirds or more of its value

at the time of such damage exclusive of the value of the foundation,

such dwelling shall not be repaired or rebuilt except in conformity with

the provisions of this chapter relative to dwellings erected after April

eighteenth, nineteen hundred twenty-nine.

2. If any non-fireproof stair in any multiple dwelling be damaged by

fire or other cause to such extent that such stair or the first flight

thereof above the entrance story is required to be rebuilt, such stair

to the extent that it is required to be rebuilt shall be fire-retarded

throughout.

3. If any dwelling be moved from one lot to another, such dwelling

shall thereupon be made to conform to all the provisions of this chapter

relative to light, ventilation, fire protection and egress of a dwelling

erected after April eighteenth, nineteen hundred twenty-nine, but no

frame building of any kind whatsoever shall be moved so as to be placed

upon the same lot with any multiple dwelling, nor shall any multiple

dwelling be moved so as to be placed upon the same lot with any frame

building.

§ 12 — Prohibited uses

Prohibited uses. 1. It shall be unlawful to use any multiple

dwelling or any part of the lot or premises thereof for the purpose of

prostitution or assignation of any description.

2. It shall be unlawful to keep any horse, cow, calf, swine, rabbit,

sheep, goat, chicken or duck, or any pigeon except Antwerp or homing

pigeons, in or on any multiple dwelling or on the lot or premises

thereof unless permitted by and in accordance with local law or

regulation.

3. It shall be unlawful to use any multiple dwelling or any part of

the lot or premises thereof for the keeping, storing or handling of any

combustible article or any article dangerous or detrimental to life or

health, unless a permit is obtained for such use in conformity with

provisions prescribed by local law, and where such local law does not

exist, in conformity with provisions prescribed by the fire department.

§ 13 — Application of chapter to existing dwellings

Application of chapter to existing dwellings. Any building

erected and occupied on or before April eighteenth, nineteen hundred

twenty-nine, or thereafter, as a tenement, which is not recorded as such

in the department, shall be required to comply with all the provisions

governing dwellings of like class or kind erected after such date.

Except as otherwise expressly required in this section and in sections

nine and twenty-five, subdivision six of section thirty-one, and

sections thirty-three, sixty-six and sixty-seven and in articles six and

seven, nothing in this chapter shall be construed to require any change

in the construction, use or occupancy of any multiple dwelling lawfully

occupied as such on April eighteenth, nineteen hundred twenty-nine,

under the provisions of all local laws, ordinances, rules and

regulations applicable thereto on such date; but should the occupancy of

any such dwelling be changed to any other kind or class after such date,

such dwelling shall be required to comply with the provisions of section

nine.

§ 14 — Application of chapter to uncompleted dwellings

Application of chapter to uncompleted dwellings. 1. The

provisions of this chapter relating to multiple dwellings erected after

April eighteenth, nineteen hundred twenty-nine, shall not apply to any

multiple dwelling for which plans were on file with the department or a

permit to commence building was issued by the department before August

ninth, nineteen hundred twenty-nine, and the entire building shall have

been completed according to the plans filed with the department, subject

to any lawful subsequent amendment thereto, before July first, nineteen

hundred forty-seven.

2. No provisions of any part of this section shall be deemed to

prohibit the amendment of any plans filed and approved before April

eighteenth, nineteen hundred twenty-nine, if such amendment would have

been lawful before such date, or if such amendment complies with the

requirements of this chapter for alterations to buildings of like class

and kind existing before April eighteenth, nineteen hundred twenty-nine.

3. A permit to commence building issued by the department before April

eighteenth, nineteen hundred twenty-nine, based upon plans filed and

approved for a multiple dwelling described in subdivision one, shall be

deemed to be in compliance with section three hundred.

4. The provisions of this chapter relating to multiple dwellings

erected and occupied as such before April eighteenth, nineteen hundred

twenty-nine, shall apply to the dwellings described in this section;

except, however, that unless otherwise expressly required in article

three nothing in this chapter shall be construed to require any change

in the plans or occupancy of any such dwelling if it be fireproof and

the plans therefore when filed were in compliance with the provisions of

all local laws, ordinances, rules and regulations applicable thereto and

in effect on April eighteenth, nineteen hundred twenty-nine, or were

subsequently amended to comply with such provisions.

§ 15 — Multiple dwelling emergency information

Multiple dwelling emergency information. 1. In the case of an

emergency affecting a multiple dwelling, the owner or agent of such

multiple dwelling shall provide emergency service personnel, upon the

request of such emergency service personnel, including but not limited

to local police and fire departments, with the names and contact

information of all affected residents or occupants as listed in the

lease of such multiple dwelling as is required to ascertain the safety

of such residents or occupants. For the purposes of this section, an

emergency shall include but not be limited to fires, gas leaks, building

collapses, natural disasters, acts of terrorism and other events where

the physical safety of residents must be accounted for by ascertaining

their whereabouts.

2. The owner or agent of such multiple dwelling shall update the list

of names and contact information of all affected residents or occupants

of such multiple dwelling upon the execution of a new lease, lease

renewal or lease amendment, or where such owner is an authority as such

term is defined in section three of the public housing law, including

all such authorities established after the first day of January,

nineteen hundred thirty-nine, upon annual recertification. Specific and

informed written consent shall be obtained by the owner or agent of the

multiple dwelling from each occupant or resident each time the list is

updated and no occupant's or resident's name or contact information

shall be included in such list without their specific and informed

written consent. Written notice shall be provided to the occupant or

resident about the contact list and shall include but not be limited to

that such list is maintained by the owner and the potential impact of

opting-out.

3. Such list of names and contact information shall only be maintained

for the purpose of an emergency evacuation and shall not be

disseminated, used or accessed by emergency services personnel or

disseminated, used or accessed by the owner or agent of such multiple

dwelling for any other purposes.

ARTICLE 3 Multiple Dwellings--general Provisions

§ 25 — Application of article three

Application of article three. Except as otherwise expressly

provided, all the provisions of this article shall apply to every

multiple dwelling erected after April eighteenth, nineteen hundred

twenty-nine. Except as otherwise expressly provided, only the following

enumerated sections of this article, and then only to the extent

required therein, shall apply to multiple dwellings, whether class A or

class B, erected before such date:

§ 28. Two or more buildings on 59. Bakeries and fat boiling

same lot 60. Motor vehicle storage

29. Painting of courts and 61. Business uses

shafts 62. Parapets, guard railings

31. Size of rooms--subdi- and wires--subdivision two

vision six 66. Lodging houses

33. Cooking spaces 67. Hotels and certain other

35. Entrance doors and class A and B dwellings

lights 75. Water supply

37. Artificial hall lighting 76. Water-closet and bath

50-a. Entrances: doors, accommodations

locks and intercommunication 77. Plumbing and drainage

systems 78. Repairs

52. Stairs 79. Heating

55. Wainscoting 80. Cleanliness

56. Frame buildings and 81. Receptacles for waste

extensions matter

57. Bells; mail receptacles 83. Janitor or housekeeper

58. Incombustible materials

TITLE 1 Light and Air

§ 26 — Height, bulk, open spaces

Height, bulk, open spaces. 1. Dwellings affected. a. This

section, except as may specifically be provided otherwise in articles

six and seven, shall apply to all dwellings erected, enlarged, converted

or altered pursuant to plans filed on or after December fifteenth,

nineteen hundred sixty-one for the purpose of regulating their height

and bulk and regulating and determining the area of yards, courts and

other open spaces of such dwellings.

b. The construction, enlargement, conversion or alteration of any

dwelling undertaken pursuant to plans filed prior to December fifteenth,

nineteen hundred sixty-one in compliance with the provisions of sections

twenty-six, twenty-seven and twenty-eight of this chapter, as they

existed prior to the enactment of chapter ten hundred seventy-two of the

laws of nineteen hundred sixty, effective July first, nineteen hundred

sixty-one may be commenced, continued or completed as if such sections

remained in full force and effect. Notwithstanding the provisions of

subdivision four of section three hundred, the department shall not

require any change or modification in the height or bulk or in the area

of yards, courts and other open spaces of dwellings to be erected or

enlarged pursuant to plans filed prior to December fifteenth, nineteen

hundred sixty-one as a condition for the reissuance of a building permit

or the renewal of an approval, except as may otherwise be provided by

local law, ordinance or zoning ordinance.

c. Nothing in this section shall be construed to require any change in

the height, bulk, or open space of any dwelling erected, enlarged,

converted or altered pursuant to plans filed before December fifteenth,

nineteen hundred sixty-one.

d. Notwithstanding the provisions of paragraphs a, b or c, the

provisions of this section shall apply to buildings erected, enlarged,

converted or altered pursuant to plans filed prior to December

fifteenth, nineteen hundred sixty-one, where such compliance may be

required by local law, ordinance or zoning ordinance.

2. Definitions. For the purpose of this section certain words are

defined herein but such definitions shall not be held to modify or

affect legal interpretations of such terms or words as used in any local

law, ordinance, rule or regulation and shall apply in addition to and

not in substitution for the provisions of section four of this chapter.

a. "Accessory use or accessory structure": a use or structure

customarily incident to the principal use or building:

b. "Floor area": the sum of the gross horizontal areas of all of the

several floors of a dwelling or dwellings and accessory structures on a

lot measured from the exterior faces of exterior walls or from the

center line of party walls, except:

(1) cellar space;

(2) attic space providing head room of less than eight feet;

(3) space for mechanical equipment;

(4) elevator and stair bulkheads, tanks and cooling towers;

(5) open or roofed terraces, exterior balconies or porches, uncovered

steps and open porte-cocheres or breezeways abutting or adjoining grade

entrances;

(6) accessory space used for off-street motor vehicle parking or

storage.

c. "Floor area ratio (FAR)": A figure determined by dividing the floor

area of the several floors of all buildings on a lot by the area of such

lot.

d. "Corner lot": A lot bounded entirely by streets or a lot which

adjoins the point of intersections of two of more streets and in which

the interior angle formed by the extensions of the street lines in the

directions which they take at their intersections with lot lines other

than street lines, forms an angle of one hundred thirty-five degrees or

less. In the event that any street line is a curve at its point of

intersection with a lot line other than a street line, the tangent to

the curve at that point shall be considered the direction of the street

line. The portion of such lot subject to the regulations for corner lots

is that portion bounded by the intersecting street line and lines

parallel to and one hundred feet from each intersecting street line. Any

remaining portion of a corner lot shall be subject to the regulations

for a through lot or for an interior lot, whichever is applicable.

e. "Tower": A dwelling or dwellings or portion thereof which has an

aggregate horizontal area of not more than forty per centum of the area

of a lot, or, for lots of less than twenty thousand square feet, the per

centum set forth in the following table:

Area of lot Maximum percent

(in square feet) of lot coverage

10,500 or less ............................. 50 %

10,501 to 11,500 ........................... 49

11,501 to 12,500 ........................... 48

12,501 to 13,500 ........................... 47

13,501 to 14,500 ........................... 46

14,501 to 15,500 ........................... 45

15,501 to 16,500 ........................... 44

16,501 to 17,500 ........................... 43

17,501 to 18,500 ........................... 42

18,501 to 19,999 ........................... 41

3. Floor area ratio (FAR). The floor area ratio (FAR) of any dwelling

or dwellings on a lot shall not exceed 12.0, except:

a. A fireproof class B dwelling in which six or more passenger

elevators are maintained and operated in any city having a local zoning

law, ordinance or resolution restricting districts in such city to

residential use, may be erected in accordance with the provisions of

such zoning law, ordinance or resolution, if such class B dwelling is

erected in a district no part of which is restricted by such zoning law,

ordinance or resolution to residential uses.

b. In a city with a population of one million or more, the permitted

floor area ratio (FAR) of any dwelling or dwellings on a lot may exceed

12.0 provided that:

(1) such city approves any increase in such permitted floor area ratio

(FAR) in accordance with local requirements for public review of land

use actions including, where applicable, such city's uniform land use

review procedure;

(2) such city designates the lot where such dwelling or dwellings are

located as subject to a program established in the zoning law, ordinance

or resolution of such city that mandates that any new housing on

designated lots include minimum percentages of permanently affordable

housing equivalent to or exceeding the requirements under any mandatory

inclusionary housing program;

(3) such dwelling or dwellings are not located on the same zoning lot

as a building occupied in whole or in part for joint living-work

quarters for artists pursuant to article seven-B of this chapter, or on

the same zoning lot as a building subject to article seven-C of this

chapter;

(4) such dwelling or dwellings are not located within an area

designated by such city as a historic district;

(5) no multiple dwelling with a floor area ratio (FAR) exceeding 12.0

shall be newly constructed on or after the effective date of the chapter

of the laws of two thousand twenty-four that amended this subdivision on

any zoning or tax lot that contains a dwelling or multiple dwelling with

a floor area ratio (FAR) below 12.0 unless such dwelling or multiple

dwelling with a floor area ratio (FAR) below 12.0 complies with the

requirements of section 27-2093.1 of the administrative code of the city

of New York, or any successor law or program relating to the issuance of

certificates of no harassment as defined in such section, in accordance

with terms of such section or successor law or program, provided that

nothing in this paragraph shall affect the application of such section

to any other building; and

(6) the owner of a dwelling or dwellings that are demolished or

removed to construct a multiple dwelling with a floor area ratio (FAR)

exceeding 12.0 shall offer, to each household who occupied such a

dwelling unit within the six months preceding such demolition or

removal, financial compensation equal to one month's rent for every year

of lawful tenancy in such dwelling unit, not to exceed six months, or a

lease in a comparable unit at a comparable rent in a decent, safe, and

sanitary dwelling in an area not generally less desirable in regard to

public utilities and public and commercial facilities.

c. In a city with a population of one million or more, a general

project plan adopted by the New York state urban development corporation

for a project may permit a floor area ratio (FAR) of any dwelling or

dwellings on a lot to exceed 12.0 provided that:

(1) not less than twenty-five percent of any rental dwelling units in

such project, upon initial rental and upon each subsequent rental

following a vacancy, are affordable to and restricted to occupancy by

individuals or families whose household income does not exceed a

weighted average of eighty percent of the area median income, adjusted

for family size, at the time such households initially occupy such

dwelling units;

(2) such dwelling or dwellings are not located on the same zoning lot

as a building occupied in whole or in part for joint living-work

quarters for artists pursuant to article seven-B of this chapter, or on

the same zoning lot as a building subject to article seven-C of this

chapter;

(3) such dwelling or dwellings are not located within an area

designated by such city as a historic district;

(4) no multiple dwelling with a floor area ratio (FAR) exceeding 12.0