S06873 Summary:

BILL NO    S06873B

SAME AS    SAME AS A10008-B

SPONSOR    KRUEGER

COSPNSR    ADAMS, DUANE, HASSELL-THOMPSON, MONTGOMERY, PARKER, SQUADRON,
           THOMPSON

MLTSPNSR   

Amd SS4, 67 & 248, add Art 4 Title 3 S120, Mult Dwell L; amd SS27-265 &
27-2004, S310.1.2 of BC 310 Title 28 Chap 7, NYC Ad Cd

Relates to clarifying provisions relating to occupancy of class A multiple
dwellings.
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S06873 Actions:

BILL NO    S06873B

02/18/2010 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
06/10/2010 AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
06/10/2010 PRINT NUMBER 6873A
06/17/2010 AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
06/17/2010 PRINT NUMBER 6873B
06/22/2010 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/22/2010 ORDERED TO THIRD READING CAL.1093
06/24/2010 PASSED SENATE
06/24/2010 DELIVERED TO ASSEMBLY
06/25/2010 referred to housing
07/01/2010 substituted for a10008b
07/01/2010 ordered to third reading rules cal.528
07/01/2010 passed assembly
07/01/2010 returned to senate
07/13/2010 DELIVERED TO GOVERNOR
07/16/2010 SIGNED CHAP.225
07/23/2010 APPROVAL MEMO.6
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S06873 Votes:

S06873B07/01/2010 86/54
AbbateYCalhounNOErrigoNOHoytYMarkeyERPhefferYSkartadNO
AlessiNOCamaraYEspaillYHyer SpYMayersoYPowellYSpanoY
AlfanoNOCanestrYFarrellYJacobsYMcDonouNOPretlowYStirpeY
AmedoreNOCarrozzYFieldsYJaffeeYMcEnenyYQuinnNOSweeneyY
ArroyoYCastellNOFinchNOJeffrieERMcKevitNORabbittNOTediscoNO
AubryYCastroYFitzpatNOJohnYMengNORaiaNOThieleY
BacalleNOChristeYGabryszNOJordanNOMill JMNORamosYTitoneNO
BallNOClarkYGalefYKavanagYMill MGNOReilichNOTitusY
BarclayNOColtonYGanttYKellnerYMillmanYReillyYTobaccoNO
BarraNOConteNOGianariYKolbNOMolinarNORive J YTownsY
BarronYCookERGibsonYKoonNOMontesaNORive N YTownsenNO
BenedetYCorwinNOGiglioNOLancmanYMorelleYRive PMYWeinsteY
BenjamiYCrespoYGlickYLatimerYMurrayNORobinsoYWeisenbY
BingYCrouchERGordonNOLavineYNolanYRosenthYWeprinNO
BoylandERCusickNOGottfriYLentolYOaksNORussellYWrightY
BoyleNOCymbrowYGuntherNOLiftonYO'DonneYSaladinNOZebrowsY
BrennanYDelMontYHawleyNOLope PDYO'MaraNOSaywardYMr SpkrY
BrodskyYDenDekkNOHayesNOLope VJYOrtizYScarborER
Brook KNODestitoYHeastieYLupardoYParmentNOSchimelY
BurlingERDinowitYHevesiYMageeERPaulinYSchimmiY
ButlerNODupreyNOHikindERMagnareYPeoplesNOSchroedNO
CahillYEnglebrYHooperYMaiselYPerryYScozzafNO

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S06873 Memo:

Memo not available
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S06873 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        6873--B

                                   I N  S E N A T E

                                   February 18, 2010
                                      ___________

       Introduced by Sens. KRUEGER, ADAMS, DUANE, HASSELL-THOMPSON, MONTGOMERY,
         PARKER, SQUADRON, THOMPSON -- read twice and ordered printed, and when
         printed  to be committed to the Committee on Housing, Construction and
         Community Development -- committee discharged, bill  amended,  ordered
         reprinted  as  amended  and recommitted to said committee -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the multiple dwelling law and the administrative code of
         the city of New York, in relation  to  clarifying  certain  provisions
         relating to occupancy of class A multiple dwellings

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph a of subdivision 8 of section 4 of  the  multiple
    2  dwelling  law, as amended by chapter 562 of the laws of 1954, is amended
    3  to read as follows:
    4    a. A "class A" multiple dwelling is a multiple dwelling  [which]  THAT
    5  is  occupied[,  as a rule,] for permanent residence purposes. This class
    6  shall include tenements, flat houses, maisonette  apartments,  apartment
    7  houses, apartment hotels, bachelor apartments, studio apartments, duplex
    8  apartments,  kitchenette  apartments,  garden-type  maisonette  dwelling
    9  projects, and all other  multiple  dwellings  except  class  B  multiple
   10  dwellings.  A CLASS A MULTIPLE DWELLING SHALL ONLY BE USED FOR PERMANENT
   11  RESIDENCE PURPOSES.   FOR THE PURPOSES OF  THIS  DEFINITION,  "PERMANENT
   12  RESIDENCE PURPOSES" SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE
   13  SAME  NATURAL PERSON OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE AND A
   14  PERSON OR FAMILY SO OCCUPYING A DWELLING UNIT SHALL BE REFERRED TO HERE-
   15  IN AS THE PERMANENT OCCUPANTS OF SUCH DWELLING UNIT. THE FOLLOWING  USES
   16  OF  A  DWELLING  UNIT  BY  THE  PERMANENT OCCUPANTS THEREOF SHALL NOT BE
   17  DEEMED TO BE INCONSISTENT WITH THE OCCUPANCY OF SUCH DWELLING  UNIT  FOR
   18  PERMANENT RESIDENCE PURPOSES:
   19    (1)  (A) OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY CONSEC-
   20  UTIVE DAYS BY OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD  OF  THE
   21  PERMANENT  OCCUPANT  SUCH AS HOUSE GUESTS OR LAWFUL BOARDERS, ROOMERS OR
   22  LODGERS; OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15564-08-0
       S. 6873--B                          2

    1    (B) INCIDENTAL AND OCCASIONAL OCCUPANCY  OF  SUCH  DWELLING  UNIT  FOR
    2  FEWER  THAN  THIRTY  CONSECUTIVE  DAYS BY OTHER NATURAL PERSONS WHEN THE
    3  PERMANENT OCCUPANTS ARE TEMPORARILY ABSENT FOR PERSONAL REASONS SUCH  AS
    4  VACATION  OR  MEDICAL  TREATMENT,  PROVIDED  THAT  THERE  IS NO MONETARY
    5  COMPENSATION PAID TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY.
    6    (2) IN A CLASS A MULTIPLE DWELLING OWNED BY AN ACCREDITED NOT-FOR-PRO-
    7  FIT  COLLEGE  OR  UNIVERSITY  OR  LEASED BY SUCH A COLLEGE OR UNIVERSITY
    8  UNDER A NET LEASE FOR A TERM OF FORTY-NINE YEARS OR  MORE,  THE  USE  OF
    9  DESIGNATED  DWELLING  UNITS  FOR OCCUPANCY FOR FEWER THAN THIRTY CONSEC-
   10  UTIVE DAYS SHALL NOT BE INCONSISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE
   11  DWELLING FOR PERMANENT RESIDENCE PURPOSES IF:
   12    (A) NO MORE THAN FIVE PERCENT OF THE DWELLING UNITS IN  SUCH  MULTIPLE
   13  DWELLING  BUT  NOT  LESS THAN ONE DWELLING UNIT, ARE DESIGNATED FOR SUCH
   14  USE AND THE DESIGNATION OF A UNIT ONCE MADE MAY NOT BE CHANGED TO ANOTH-
   15  ER UNIT;
   16    (B) A LIST OF THE DESIGNATED DWELLING UNITS CERTIFIED BY AN AUTHORIZED
   17  REPRESENTATIVE OF THE COLLEGE OR UNIVERSITY IS KEPT ON THE  PREMISES  BY
   18  THE  OWNER  OR NET LESSEE AND MADE AVAILABLE UPON REQUEST FOR INSPECTION
   19  BY THE DEPARTMENT OR THE FIRE DEPARTMENT OF SUCH CITY;
   20    (C) ONLY DESIGNATED DWELLING UNITS ON THE CERTIFIED LIST ARE USED  FOR
   21  OCCUPANCY FOR FEWER THAN THIRTY CONSECUTIVE DAYS AND ONLY BY (I) NATURAL
   22  PERSONS,  OTHER THAN PERSONS WHOSE ONLY RELATIONSHIP WITH THE COLLEGE OR
   23  UNIVERSITY IS AS A STUDENT, FOR  WHOM  THE  COLLEGE  OR  UNIVERSITY  HAS
   24  UNDERTAKEN TO PROVIDE HOUSING ACCOMMODATIONS SUCH AS VISITING PROFESSORS
   25  AND  ACADEMICS, GRADUATE STUDENTS WITH RESEARCH OR TEACHING FELLOWSHIPS,
   26  RESEARCHERS AND PERSONS PRESENTING  ACADEMIC  PAPERS,  INTERVIEWING  FOR
   27  POSITIONS  OF  EMPLOYMENT  OR  HAVING  OTHER  SIMILAR  BUSINESS WITH THE
   28  COLLEGE OR UNIVERSITY, OR (II)  NATURAL  PERSONS  FOR  WHOM  A  HOSPITAL
   29  AFFILIATED  WITH  SUCH  COLLEGE  OR UNIVERSITY HAS UNDERTAKEN TO PROVIDE
   30  HOUSING ACCOMMODATIONS  SUCH  AS  PATIENTS,  PATIENTS'  FAMILIES  AND/OR
   31  ACCOMPANYING  ESCORTS,  MEDICAL PROFESSIONALS AND HEALTHCARE CONSULTANTS
   32  OR PERSONS HAVING OTHER SIMILAR BUSINESS WITH SUCH HOSPITAL. A LOG SHALL
   33  BE MAINTAINED ON THE PREMISES OF THE NAMES AND ADDRESSES OF SUCH PERSONS
   34  AND THE DURATION AND REASON FOR THEIR STAY. SUCH LOG SHALL BE ACCESSIBLE
   35  UPON REQUEST FOR INSPECTION BY THE DEPARTMENT AND THE FIRE DEPARTMENT OF
   36  SUCH MUNICIPALITY;
   37    (D) NO RENT OR OTHER PAYMENT IS COLLECTED FOR SUCH OCCUPANCY; AND
   38    (E) THE FIRE DEPARTMENT OF SUCH CITY SHALL REQUIRE  THE  FILING  OF  A
   39  FIRE SAFETY PLAN OR OTHER APPROPRIATE FIRE SAFETY PROCEDURE.
   40    S  2.  Section  67 of the multiple dwelling law is amended by adding a
   41  new subdivision 16 to read as follows:
   42    16. A. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
   43  WITHIN  A DWELLING TO WHICH THIS SECTION IS APPLICABLE THE USE OF DWELL-
   44  ING UNITS AS A HOTEL FOR OTHER THAN  PERMANENT  RESIDENCE  PURPOSES,  AS
   45  DEFINED  IN  PARAGRAPH  A  OF  SUBDIVISION EIGHT OF SECTION FOUR OF THIS
   46  CHAPTER, THAT WOULD  OTHERWISE  BE  PROHIBITED  SHALL  BE  PERMITTED  TO
   47  CONTINUE  FOR  A  PERIOD  OF  TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
   48  SUBDIVISION PROVIDED THAT:
   49    (1) SUCH DWELLING UNITS WERE USED FOR OTHER THAN  PERMANENT  RESIDENCE
   50  PURPOSES  ON  JANUARY FIRST, TWO THOUSAND NINE AND ON THE EFFECTIVE DATE
   51  OF THIS SUBDIVISION AND FIFTY-ONE PERCENT OR MORE OF THE TOTAL NUMBER OF
   52  DWELLING UNITS IN SUCH DWELLING WERE USED FOR OTHER THAN PERMANENT RESI-
   53  DENCE PURPOSES ON SUCH DATES;
   54    (2) SUCH DWELLING WAS OCCUPIED AS A HOTEL  FOR  OTHER  THAN  PERMANENT
   55  RESIDENCE PURPOSES ON DECEMBER FIFTEENTH, NINETEEN HUNDRED SIXTY-ONE;
       S. 6873--B                          3

    1    (3)  SUCH  DWELLING  IS OF FIREPROOF CONSTRUCTION AND WAS OF FIREPROOF
    2  CONSTRUCTION ON JANUARY FIRST, TWO THOUSAND NINE;
    3    (4)  SUCH  DWELLING  UNITS  USED  FOR  OTHER  THAN PERMANENT RESIDENCE
    4  PURPOSES HAVE AT LEAST  TWO  LAWFUL  MEANS  OF  EGRESS,  INCLUDING  EXIT
    5  STAIRS,  FIRE  TOWERS  OR EXTERIOR STAIRS BUT EXCLUDING FIRE ESCAPES AND
    6  HAD SUCH LAWFUL MEANS OF EGRESS ON JANUARY FIRST, TWO THOUSAND NINE;
    7    (5) SUCH DWELLING HAS OPERATIONAL EXIT SIGNS AND A FIRE  ALARM  SYSTEM
    8  COMPLYING  WITH  THE  PROVISIONS  FOR  EXISTING TRANSIENT OCCUPANCIES IN
    9  ACCORDANCE WITH LOCAL LAW AND HAD SUCH EXIT SIGNS AND FIRE ALARM  SYSTEM
   10  ON JANUARY FIRST, TWO THOUSAND NINE; AND
   11    (6)  SUCH  DWELLING  UNITS  USED  FOR  OTHER  THAN PERMANENT RESIDENCE
   12  PURPOSES ARE REGISTERED WITH THE DEPARTMENT WITHIN  ONE  HUNDRED  EIGHTY
   13  DAYS  AFTER  THE EFFECTIVE DATE OF THIS SUBDIVISION IN A FORM AND MANNER
   14  TO BE PROVIDED BY SUCH DEPARTMENT,  INCLUDING  A  REQUIREMENT  THAT  THE
   15  APPLICANT  SUBMIT  CERTIFICATION OF COMPLIANCE WITH SUBPARAGRAPHS THREE,
   16  FOUR AND FIVE OF THIS PARAGRAPH,  SIGNED  AND  SEALED  BY  A  REGISTERED
   17  ARCHITECT  OR  LICENSED PROFESSIONAL ENGINEER IN GOOD STANDING UNDER THE
   18  EDUCATION LAW.  THE DEPARTMENT MAY ASSESS FEES TO COVER ALL COSTS  ASSO-
   19  CIATED  WITH  SUCH  REGISTRATION.  THE DEPARTMENT MAY REFUSE TO REGISTER
   20  DWELLING UNITS OR MAY REVOKE SUCH REGISTRATION  IF  IT  DETERMINES  SUCH
   21  DWELLING  UNITS OR DWELLING DO NOT COMPLY WITH THE CONDITIONS FOR REGIS-
   22  TRATION SET FORTH IN SUBPARAGRAPHS ONE THROUGH FIVE OF THIS PARAGRAPH.
   23    B. THE OWNER SHALL OBTAIN A CERTIFICATE OF OCCUPANCY FOR  THE  USE  OF
   24  REGISTERED  DWELLING  UNITS  FOR OTHER THAN PERMANENT RESIDENCE PURPOSES
   25  WITHIN TWO YEARS AFTER THE EFFECTIVE  DATE  OF  THIS  SUBDIVISION.  UPON
   26  APPLICATION PRIOR TO THE EXPIRATION OF SUCH TWO YEAR PERIOD, THE DEPART-
   27  MENT MAY, FOR GOOD CAUSE, EXTEND SUCH TIME FOR UP TO ONE ADDITIONAL YEAR
   28  BUT NO SUCH EXTENSION SHALL BE GRANTED UNLESS THE DEPARTMENT FINDS THAT:
   29    (1)  THE  OWNER  HAS  OBTAINED THE NECESSARY PERMIT OR PERMITS FOR ALL
   30  WORK NECESSARY TO BRING SUCH DWELLING INTO COMPLIANCE WITH THE  REQUIRE-
   31  MENTS OF THIS CHAPTER AND ALL LOCAL HOUSING, BUILDING AND FIRE CODES FOR
   32  THE USE OF DWELLING UNITS FOR OTHER THAN PERMANENT RESIDENCE PURPOSES;
   33    (2)  ALL  CONSTRUCTION  AUTHORIZED  BY SUCH PERMIT OR PERMITS HAS BEEN
   34  SUBSTANTIALLY COMPLETED; AND
   35    (3) THERE ARE NO CONSIDERATIONS OF PUBLIC SAFETY, HEALTH  AND  WELFARE
   36  THAT  HAVE  BECOME  APPARENT  SINCE  THE ISSUANCE OF THE ABOVE DESCRIBED
   37  PERMIT OR PERMITS THAT INDICATE AN OVERRIDING BENEFIT TO THE  PUBLIC  IN
   38  ENFORCING  THE  REQUIREMENT  THAT  THE APPLICANT OBTAIN A CERTIFICATE OF
   39  OCCUPANCY FOR THE USE OF REGISTERED DWELLING UNITS FOR OTHER THAN PERMA-
   40  NENT RESIDENCE PURPOSES WITHIN TWO YEARS AFTER  THE  EFFECTIVE  DATE  OF
   41  THIS SUBDIVISION.
   42    C.  UPON APPLICATION PRIOR TO THE EXPIRATION OF THE TIME FOR OBTAINING
   43  A CERTIFICATE OF OCCUPANCY, AS EXTENDED BY THE  DEPARTMENT  PURSUANT  TO
   44  PARAGRAPH  B OF THIS SUBDIVISION, THE BOARD OF STANDARDS AND APPEALS MAY
   45  GRANT FURTHER EXTENSIONS OF TIME TO OBTAIN A CERTIFICATE OF OCCUPANCY IN
   46  A CASE WHERE THERE ARE CIRCUMSTANCES BEYOND THE APPLICANT'S  CONTROL  OR
   47  HARDSHIP  IN  THE  WAY  OF  OBTAINING  SUCH  CERTIFICATE WITHIN THE TIME
   48  ALLOWED BY THE DEPARTMENT BUT NO MORE THAN TWO SUCH  EXTENSIONS  OF  ONE
   49  YEAR EACH SHALL BE GRANTED FOR A BUILDING AND NO SUCH EXTENSION SHALL BE
   50  GRANTED UNLESS THE BOARD FINDS THAT THERE ARE NO OUTSTANDING BUILDING OR
   51  FIRE CODE VIOLATIONS OF RECORD AT THE PROPERTY.
   52    D. THE DEPARTMENT SHALL ISSUE SUCH CERTIFICATE OF OCCUPANCY UPON PROOF
   53  THAT  SAID DWELLING CONFORMS IN ALL RESPECTS TO THE REQUIREMENTS OF THIS
   54  CHAPTER AND ALL LOCAL HOUSING, BUILDING AND FIRE CODES FOR  THE  USE  OF
   55  DWELLING  UNITS  FOR OTHER THAN PERMANENT RESIDENCE PURPOSES. IF NO SUCH
   56  CERTIFICATE OF OCCUPANCY IS ISSUED WITHIN TWO YEARS AFTER THE  EFFECTIVE
       S. 6873--B                          4

    1  DATE  OF THIS SUBDIVISION OR, IF APPLICABLE, WITHIN THE TIME AS EXTENDED
    2  BY THE DEPARTMENT OR AS FURTHER EXTENDED BY THE BOARD OF  STANDARDS  AND
    3  APPEALS,  ALL  USE  OF DWELLING UNITS FOR OTHER THAN PERMANENT RESIDENCE
    4  PURPOSES SHALL THEREAFTER CEASE.
    5    E. IF AFTER A CERTIFICATE OF OCCUPANCY IS ISSUED PURSUANT TO PARAGRAPH
    6  D  OF  THIS  SUBDIVISION,  THE USE OF SUCH DWELLING UNITS FOR OTHER THAN
    7  PERMANENT RESIDENCE PURPOSES IS DISCONTINUED, NOTHING IN  THIS  SUBDIVI-
    8  SION  SHALL  BE  CONSTRUED  TO LIMIT THE APPLICATION OF THE LOCAL ZONING
    9  RESOLUTION WITH RESPECT TO SUCH DISCONTINUANCE.
   10    S 3. Article 4 of the multiple dwelling law is amended by adding a new
   11  title 3 to read as follows:

   12                                   TITLE 3
   13             CERTAIN CLASS A MULTIPLE DWELLINGS ERECTED PRIOR TO
   14                              DECEMBER 15, 1961

   15  SECTION 120. USE OF DWELLING UNITS IN A CLASS A  MULTIPLE  DWELLING  FOR
   16                 OTHER THAN PERMANENT RESIDENCE PURPOSES.
   17    S  120. USE OF DWELLING UNITS IN A CLASS A MULTIPLE DWELLING FOR OTHER
   18  THAN  PERMANENT  RESIDENCE  PURPOSES.  1.  NOTWITHSTANDING   ANY   OTHER
   19  PROVISION  OF LAW TO THE CONTRARY, WITHIN A CLASS A MULTIPLE DWELLING TO
   20  WHICH THIS ARTICLE IS APPLICABLE THE USE OF DWELLING UNITS  AS  A  HOTEL
   21  FOR  OTHER  THAN PERMANENT RESIDENCE PURPOSES, AS DEFINED IN PARAGRAPH A
   22  OF SUBDIVISION EIGHT OF SECTION FOUR OF THIS CHAPTER, THAT WOULD  OTHER-
   23  WISE  BE  PROHIBITED  SHALL BE PERMITTED TO CONTINUE FOR A PERIOD OF TWO
   24  YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION PROVIDED THAT:
   25    A. SUCH DWELLING UNITS WERE USED FOR OTHER  THAN  PERMANENT  RESIDENCE
   26  PURPOSES  ON  JANUARY FIRST, TWO THOUSAND NINE AND ON THE EFFECTIVE DATE
   27  OF THIS SUBDIVISION AND FIFTY-ONE PERCENT OR MORE OF THE TOTAL NUMBER OF
   28  DWELLING UNITS IN SUCH DWELLING WERE USED FOR OTHER THAN PERMANENT RESI-
   29  DENCE PURPOSES ON SUCH DATES;
   30    B. (1) SUCH DWELLING WAS INITIALLY CONSTRUCTED AS  AND  IDENTIFIED  ON
   31  ITS  INITIAL  CERTIFICATE  OF OCCUPANCY AS "APARTMENT HOTEL" OR "CLASS A
   32  HOTEL" AND OCCUPIED AS  A  HOTEL  FOR  OTHER  THAN  PERMANENT  RESIDENCE
   33  PURPOSES  ON  DECEMBER FIFTEENTH, NINETEEN HUNDRED SIXTY-ONE OR, IF SUCH
   34  DWELLING WAS UNDER CONSTRUCTION AND NOT YET COMPLETE ON SUCH  DATE,  WAS
   35  OCCUPIED  AS  A HOTEL FOR OTHER THAN PERMANENT RESIDENCE PURPOSES AT THE
   36  TIME THE DWELLING WAS COMPLETED, OR  (2)  SUCH  DWELLING  IS  IN  ZONING
   37  DISTRICT C5 AS DESIGNATED IN THE NEW YORK CITY ZONING RESOLUTION AND WAS
   38  INITIALLY  CONSTRUCTED  AS  A  HOTEL  FOR OTHER THAN PERMANENT RESIDENCE
   39  PURPOSES PRIOR TO DECEMBER FIFTEENTH,  NINETEEN  HUNDRED  SIXTY-ONE  AND
   40  OCCUPIED  AS  A  HOTEL  FOR  OTHER  THAN PERMANENT RESIDENCE PURPOSES ON
   41  DECEMBER FIFTEENTH, NINETEEN HUNDRED SIXTY-ONE, OR (3) SUCH DWELLING (A)
   42  IS WITHIN TWELVE HUNDRED FEET OF ZONING DISTRICT C5 AS DESIGNATED IN THE
   43  NEW YORK CITY ZONING RESOLUTION, (B)  WAS  INITIALLY  CONSTRUCTED  AS  A
   44  HOTEL  FOR  OTHER THAN PERMANENT RESIDENCE PURPOSES IN ACCORDANCE WITH A
   45  PERMIT THAT WAS ISSUED PRIOR TO  DECEMBER  FIFTEENTH,  NINETEEN  HUNDRED
   46  SIXTY-ONE,  AND  (C)  WAS  COMPLETED  AFTER DECEMBER FIFTEENTH, NINETEEN
   47  HUNDRED SIXTY-ONE AND WAS INITIALLY OCCUPIED AS A HOTEL FOR  OTHER  THAN
   48  PERMANENT RESIDENCE PURPOSES;
   49    C.  SUCH  DWELLING  IS  OF FIREPROOF CONSTRUCTION AND WAS OF FIREPROOF
   50  CONSTRUCTION ON JANUARY FIRST, TWO THOUSAND NINE;
   51    D. SUCH  DWELLING  UNITS  USED  FOR  OTHER  THAN  PERMANENT  RESIDENCE
   52  PURPOSES  HAVE  AT  LEAST  TWO  LAWFUL  MEANS  OF EGRESS, INCLUDING EXIT
   53  STAIRS, FIRE TOWERS OR EXTERIOR STAIRS BUT EXCLUDING  FIRE  ESCAPES  AND
   54  HAD SUCH LAWFUL MEANS OF EGRESS ON JANUARY FIRST, TWO THOUSAND NINE;
       S. 6873--B                          5

    1    E.  SUCH  DWELLING HAS OPERATIONAL EXIST SIGNS AND A FIRE ALARM SYSTEM
    2  COMPLYING WITH THE PROVISIONS  FOR  EXISTING  TRANSIENT  OCCUPANCIES  IN
    3  ACCORDANCE  WITH LOCAL LAW AND HAD SUCH EXIT SIGNS AND FIRE ALARM SYSTEM
    4  ON JANUARY FIRST, TWO THOUSAND NINE; AND
    5    F.  SUCH  DWELLING  UNITS  USED  FOR  OTHER  THAN  PERMANENT RESIDENCE
    6  PURPOSES ARE REGISTERED WITH THE DEPARTMENT WITHIN  ONE  HUNDRED  EIGHTY
    7  DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION IN A FORM AND MANNER TO BE
    8  PROVIDED  BY SUCH DEPARTMENT, INCLUDING A REQUIREMENT THAT THE APPLICANT
    9  SUBMIT CERTIFICATION OF COMPLIANCE WITH  PARAGRAPHS  D  AND  E  OF  THIS
   10  SUBDIVISION,  SIGNED  AND  SEALED  BY A REGISTERED ARCHITECT OR LICENSED
   11  PROFESSIONAL ENGINEER IN GOOD STANDING  UNDER  THE  EDUCATION  LAW.  THE
   12  DEPARTMENT  MAY  ASSESS  FEES  TO  COVER  ALL COSTS ASSOCIATED WITH SUCH
   13  REGISTRATION. THE DEPARTMENT MAY REFUSE TO REGISTER  DWELLING  UNITS  OR
   14  MAY  REVOKE  SUCH  REGISTRATION  IF IT DETERMINES SUCH DWELLING UNITS OR
   15  DWELLING DO NOT COMPLY WITH THE CONDITIONS FOR REGISTRATION SET FORTH IN
   16  PARAGRAPHS A THROUGH E OF THIS SUBDIVISION.
   17    2. THE OWNER SHALL OBTAIN A CERTIFICATE OF OCCUPANCY FOR  THE  USE  OF
   18  REGISTERED  DWELLING  UNITS  FOR OTHER THAN PERMANENT RESIDENCE PURPOSES
   19  WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION. UPON APPLICA-
   20  TION PRIOR TO THE EXPIRATION OF SUCH TWO  YEAR  PERIOD,  THE  DEPARTMENT
   21  MAY,  FOR GOOD CAUSE, EXTEND SUCH TIME FOR UP TO ONE ADDITIONAL YEAR BUT
   22  NO SUCH EXTENSION SHALL BE GRANTED UNLESS THE DEPARTMENT FINDS THAT:
   23    A. THE OWNER HAS OBTAINED THE NECESSARY PERMIT OR PERMITS FOR ALL WORK
   24  NECESSARY TO BRING SUCH DWELLING INTO COMPLIANCE WITH  THE  REQUIREMENTS
   25  OF  THIS  CHAPTER AND ALL LOCAL HOUSING, BUILDING AND FIRE CODES FOR THE
   26  USE OF DWELLING UNITS FOR OTHER THAN PERMANENT RESIDENCE PURPOSES;
   27    B. ALL CONSTRUCTION AUTHORIZED BY SUCH  PERMIT  OR  PERMITS  HAS  BEEN
   28  SUBSTANTIALLY COMPLETED; AND
   29    C.  THERE  ARE  NO CONSIDERATIONS OF PUBLIC SAFETY, HEALTH AND WELFARE
   30  THAT HAVE BECOME APPARENT SINCE THE  ISSUANCE  OF  THE  ABOVE  DESCRIBED
   31  PERMIT  OR  PERMITS THAT INDICATE AN OVERRIDING BENEFIT TO THE PUBLIC IN
   32  ENFORCING THE REQUIREMENT THAT THE APPLICANT  OBTAIN  A  CERTIFICATE  OF
   33  OCCUPANCY FOR THE USE OF REGISTERED DWELLING UNITS FOR OTHER THAN PERMA-
   34  NENT  RESIDENCE  PURPOSES  WITHIN  TWO YEARS AFTER THE EFFECTIVE DATE OF
   35  THIS SECTION.
   36    3. UPON APPLICATION PRIOR TO THE EXPIRATION OF THE TIME FOR  OBTAINING
   37  A  CERTIFICATE  OF  OCCUPANCY, AS EXTENDED BY THE DEPARTMENT PURSUANT TO
   38  SUBDIVISION TWO OF THIS SECTION, THE BOARD OF STANDARDS AND APPEALS  MAY
   39  GRANT FURTHER EXTENSIONS OF TIME TO OBTAIN A CERTIFICATE OF OCCUPANCY IN
   40  A  CASE  WHERE THERE ARE CIRCUMSTANCES BEYOND THE APPLICANT'S CONTROL OR
   41  HARDSHIP IN THE WAY  OF  OBTAINING  SUCH  CERTIFICATE  WITHIN  THE  TIME
   42  ALLOWED  BY  THE  DEPARTMENT BUT NO MORE THAN TWO SUCH EXTENSIONS OF ONE
   43  YEAR EACH SHALL BE GRANTED FOR A BUILDING AND NO SUCH EXTENSION SHALL BE
   44  GRANTED UNLESS THE BOARD FINDS THAT THERE ARE NO OUTSTANDING BUILDING OR
   45  FIRE CODE VIOLATIONS OF RECORD AT THE PROPERTY.
   46    4. THE DEPARTMENT SHALL ISSUE SUCH CERTIFICATE OF OCCUPANCY UPON PROOF
   47  THAT SAID DWELLING CONFORMS IN ALL RESPECTS TO THE REQUIREMENTS OF  THIS
   48  CHAPTER  AND  ALL  LOCAL HOUSING, BUILDING AND FIRE CODES FOR THE USE OF
   49  DWELLING UNITS FOR OTHER THAN PERMANENT RESIDENCE PURPOSES. IF  NO  SUCH
   50  CERTIFICATE  OF OCCUPANCY IS ISSUED WITHIN TWO YEARS AFTER THE EFFECTIVE
   51  DATE OF THIS SECTION OR, IF APPLICABLE, WITHIN THE TIME AS  EXTENDED  BY
   52  THE  DEPARTMENT  OR  AS  FURTHER  EXTENDED BY THE BOARD OF STANDARDS AND
   53  APPEALS, ALL USE OF DWELLING UNITS FOR OTHER  THAN  PERMANENT  RESIDENCE
   54  PURPOSES SHALL THEREAFTER CEASE.
   55    5.  IF AFTER A CERTIFICATE OF OCCUPANCY IS ISSUED PURSUANT TO SUBDIVI-
   56  SION FOUR OF THIS SECTION, THE USE OF SUCH DWELLING UNITS FOR OTHER THAN
       S. 6873--B                          6

    1  PERMANENT RESIDENCE PURPOSES IS DISCONTINUED, NOTHING  IN  THIS  SECTION
    2  SHALL  BE  CONSTRUED TO LIMIT THE APPLICATION OF THE LOCAL ZONING RESOL-
    3  UTION WITH RESPECT TO SUCH DISCONTINUANCE.
    4    S  4.  Subdivisions  1  and 16 of section 248 of the multiple dwelling
    5  law, subdivision 1 as amended by chapter 116 of the laws  of  1950,  are
    6  amended to read as follows:
    7    1.  It  shall  be  unlawful  to occupy any frame multiple dwelling for
    8  single room occupancy. It shall be unlawful to occupy any other existing
    9  class A dwelling or part thereof as a rooming house  or  furnished  room
   10  house  or  for  single room occupancy unless such dwelling or part shall
   11  conform to the provisions of this section and to such  other  provisions
   12  of  this chapter as were applicable to such dwelling before such conver-
   13  sion. This section shall not be construed to prohibit the letting  by  a
   14  family  of  one  or more rooms within their apartment to not more than a
   15  total of four boarders, roomers or lodgers provided, however, that every
   16  room in such apartment shall have free and unobstructed access  to  each
   17  required exit from such apartment as required by the provisions of para-
   18  graphs  a, b and c of subdivision four of this section. A dwelling occu-
   19  pied pursuant to this section shall be deemed a  class  A  dwelling  AND
   20  DWELLING  UNITS  OCCUPIED PURSUANT TO THIS SECTION SHALL BE OCCUPIED FOR
   21  PERMANENT RESIDENCE PURPOSES, AS DEFINED IN PARAGRAPH A  OF  SUBDIVISION
   22  EIGHT OF SECTION FOUR OF THIS CHAPTER.
   23    [16.  It shall be unlawful to rent any room in any such dwelling for a
   24  period of less than a week.]
   25    S 5. Section 27-265 of the administrative code of the city of New York
   26  is amended to read as follows:
   27    S 27-265 Occupancy group J-2. Shall include buildings  with  three  or
   28  more  dwelling  units  that  are [primarily occupied for the shelter and
   29  sleeping accommodation of individuals on a month-to-month or longer-term
   30  basis] OCCUPIED FOR PERMANENT RESIDENCE PURPOSES AS DEFINED IN  SUBPARA-
   31  GRAPH  (A) OF PARAGRAPH EIGHT OF SUBDIVISION A OF SECTION 27-2004 OF THE
   32  HOUSING MAINTENANCE CODE.
   33    S 6. Section 310.1.2 of BC 310 of the New York City building  code  of
   34  chapter  7  of  title  28  of the administrative code of the city of New
   35  York, as added by local law number 33 of the city of New  York  for  the
   36  year 2007, is amended to read as follows:
   37    310.1.2  Group R-2. This occupancy shall include buildings or portions
   38  thereof containing sleeping units or more than two dwelling  units  that
   39  are  occupied[,  as  a rule, for shelter and sleeping accommodation on a
   40  long-term basis for a month or more at a time] FOR  PERMANENT  RESIDENCE
   41  PURPOSES  AS  DEFINED IN SUBPARAGRAPH (A) OF PARAGRAPH EIGHT OF SUBDIVI-
   42  SION A OF SECTION 27-2004 OF THE NEW YORK CITY HOUSING MAINTENANCE CODE.
   43  Such occupancy shall be subject to the New York State Multiple  Dwelling
   44  Law. This group shall include, but not be limited to, the following:
   45    Adult  homes  or enriched housing with 16 or fewer occupants requiring
   46  supervised care on a 24-hour basis in the same building,  provided  that
   47  the number of occupants per dwelling unit does not exceed the definition
   48  of a family
   49    Apartment houses
   50    Apartment hotels (nontransient)
   51    Class  A  multiple  dwellings as defined in Section 27-2004 of the New
   52  York City Housing Maintenance Code and Section 4 of the New  York  State
   53  Multiple Dwelling Law, including the following:
   54    1.  Dwelling  units  where the resident of the unit provides custodial
   55  care to no more than four persons on less than a 24-hour basis  and  not
   56  overnight.
       S. 6873--B                          7

    1    2. Dwelling units where the resident of the unit provides child custo-
    2  dial  care  as  a family day care home registered with the New York City
    3  Department of Health and Mental Hygiene in accordance with the New  York
    4  State  Social  Services  Law  with no more than six children between the
    5  ages  of  2  and 13, or with no more than five children if any are under
    6  the age of 2, receiving supervised care on less than a 24-hour basis and
    7  not overnight.
    8    Exception: Class A multiple dwellings classified in Group I-1.
    9    Convents and monasteries with more than 20 occupants in the building
   10    Student apartments
   11    S 7. Subparagraph (a) of paragraph  8  of  subdivision  a  of  section
   12  27-2004 of the administrative code of the city of New York is amended to
   13  read as follows:
   14    (a) A class A multiple dwelling is a multiple dwelling [which] THAT is
   15  occupied[,  as  a  rule,]  for  permanent residence purposes. This class
   16  shall include tenements, flat houses, maisonette  apartments,  apartment
   17  houses, apartment hotels, bachelor apartments, studio apartments, duplex
   18  apartments,  kitchenette  apartments,  garden-type  maisonette  dwelling
   19  projects, and all other  multiple  dwellings  except  class  B  multiple
   20  dwellings.  A CLASS A MULTIPLE DWELLING SHALL ONLY BE USED FOR PERMANENT
   21  RESIDENCE PURPOSES.  FOR THE PURPOSES OF THIS  SUBPARAGRAPH,  "PERMANENT
   22  RESIDENCE PURPOSES" SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE
   23  SAME NATURAL PERSON OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE, AND A
   24  NATURAL  PERSON OR FAMILY SO OCCUPYING A DWELLING UNIT SHALL BE REFERRED
   25  TO HEREIN AS THE PERMANENT OCCUPANTS OF SUCH DWELLING UNIT. THE  FOLLOW-
   26  ING USES OF A DWELLING UNIT BY THE PERMANENT OCCUPANTS THEREOF SHALL NOT
   27  BE  DEEMED  TO  BE INCONSISTENT WITH OCCUPANCY OF SUCH DWELLING UNIT FOR
   28  PERMANENT RESIDENCE PURPOSES:
   29    (1) (A) OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY  CONSEC-
   30  UTIVE  DAYS  BY OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE
   31  PERMANENT OCCUPANT SUCH AS HOUSE GUESTS OR LAWFUL BOARDERS,  ROOMERS  OR
   32  LODGERS; OR
   33    (B)  INCIDENTAL  AND  OCCASIONAL  OCCUPANCY  OF SUCH DWELLING UNIT FOR
   34  FEWER THAN THIRTY CONSECUTIVE DAYS BY OTHER  NATURAL  PERSONS  WHEN  THE
   35  PERMANENT  OCCUPANTS ARE TEMPORARILY ABSENT FOR PERSONAL REASONS SUCH AS
   36  VACATION OR MEDICAL  TREATMENT,  PROVIDED  THAT  THERE  IS  NO  MONETARY
   37  COMPENSATION PAID TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY.
   38    (2) IN A CLASS A MULTIPLE DWELLING OWNED BY AN ACCREDITED NOT-FOR-PRO-
   39  FIT  COLLEGE  OR  UNIVERSITY  OR  LEASED BY SUCH A COLLEGE OR UNIVERSITY
   40  UNDER A NET LEASE FOR A TERM OF FORTY-NINE YEARS OR  MORE,  THE  USE  OF
   41  DESIGNATED  DWELLING  UNITS  FOR OCCUPANCY FOR FEWER THAN THIRTY CONSEC-
   42  UTIVE DAYS SHALL NOT BE INCONSISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE
   43  DWELLING FOR PERMANENT RESIDENCE PURPOSES IF:
   44    (A) NO MORE THAN FIVE PERCENT OF THE DWELLING UNITS IN  SUCH  MULTIPLE
   45  DWELLING  BUT  NOT  LESS THAN ONE DWELLING UNIT, ARE DESIGNATED FOR SUCH
   46  USE AND THE DESIGNATION OF A UNIT ONCE MADE MAY NOT BE CHANGED TO ANOTH-
   47  ER UNIT;
   48    (B) A LIST OF THE DESIGNATED DWELLING UNITS CERTIFIED BY AN AUTHORIZED
   49  REPRESENTATIVE OF THE COLLEGE OR UNIVERSITY IS KEPT ON THE  PREMISES  BY
   50  THE  OWNER  OR NET LESSEE AND MADE AVAILABLE UPON REQUEST FOR INSPECTION
   51  BY THE DEPARTMENT OR THE FIRE DEPARTMENT OF SUCH CITY;
   52    (C) ONLY DESIGNATED DWELLING UNITS ON THE CERTIFIED LIST ARE USED  FOR
   53  OCCUPANCY FOR FEWER THAN THIRTY CONSECUTIVE DAYS AND ONLY BY (I) NATURAL
   54  PERSONS,  OTHER THAN PERSONS WHOSE ONLY RELATIONSHIP WITH THE COLLEGE OR
   55  UNIVERSITY IS AS A STUDENT, FOR  WHOM  THE  COLLEGE  OR  UNIVERSITY  HAS
   56  UNDERTAKEN TO PROVIDE HOUSING ACCOMMODATIONS SUCH AS VISITING PROFESSORS
       S. 6873--B                          8

    1  AND  ACADEMICS, GRADUATE STUDENTS WITH RESEARCH OR TEACHING FELLOWSHIPS,
    2  RESEARCHERS AND PERSONS PRESENTING  ACADEMIC  PAPERS,  INTERVIEWING  FOR
    3  POSITIONS  OF  EMPLOYMENT  OR  HAVING  OTHER  SIMILAR  BUSINESS WITH THE
    4  COLLEGE  OR  UNIVERSITY,  OR  (II)  NATURAL  PERSONS FOR WHOM A HOSPITAL
    5  AFFILIATED WITH SUCH COLLEGE OR UNIVERSITY  HAS  UNDERTAKEN  TO  PROVIDE
    6  HOUSING  ACCOMMODATIONS  SUCH  AS  PATIENTS,  PATIENTS'  FAMILIES AND/OR
    7  ACCOMPANYING ESCORTS, MEDICAL PROFESSIONALS AND  HEALTHCARE  CONSULTANTS
    8  OR PERSONS HAVING OTHER SIMILAR BUSINESS WITH SUCH HOSPITAL. A LOG SHALL
    9  BE MAINTAINED ON THE PREMISES OF THE NAMES AND ADDRESSES OF SUCH PERSONS
   10  AND THE DURATION AND REASON FOR THEIR STAY. SUCH LOG SHALL BE ACCESSIBLE
   11  UPON REQUEST FOR INSPECTION BY THE DEPARTMENT AND THE FIRE DEPARTMENT OF
   12  SUCH MUNICIPALITY;
   13    (D) NO RENT OR OTHER PAYMENT IS COLLECTED FOR SUCH OCCUPANCY; AND
   14    (E)  THE  FIRE  DEPARTMENT  OF SUCH CITY SHALL REQUIRE THE FILING OF A
   15  FIRE SAFETY PLAN OR OTHER APPROPRIATE FIRE SAFETY PROCEDURE.
   16    S 8. This act shall take effect immediately and  shall  apply  to  all
   17  buildings   in  existence  on  such  effective  date  and  to  buildings
   18  constructed after such effective date.
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