STATE OF NEW YORK
________________________________________________________________________
10008--B
IN ASSEMBLY
February 24, 2010
___________
Introduced by M. of A. GOTTFRIED, ROSENTHAL, KELLNER, GLICK, COLTON,
REILLY, CHRISTENSEN, ESPAILLAT, O'DONNELL, MILLMAN, BARRON -- Multi-
Sponsored by -- M. of A. BING, BOYLAND, BRENNAN, HEVESI, JAFFEE, KOLB,
McDONOUGH, McKEVITT, NOLAN -- read once and referred to the Committee
on Housing -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15564-07-0
A. 10008--B 2
1 permanent occupant such as house guests or lawful boarders, roomers or
2 lodgers; or
3 (B) incidental and occasional occupancy of such dwelling unit for
4 fewer than thirty consecutive days by other natural persons when the
5 permanent occupants are temporarily absent for personal reasons such as
6 vacation or medical treatment, provided that there is no monetary
7 compensation paid to the permanent occupants for such occupancy.
8 (2) In a class A multiple dwelling owned by an accredited not-for-pro-
9 fit college or university or leased by such a college or university
10 under a net lease for a term of forty-nine years or more, the use of
11 designated dwelling units for occupancy for fewer than thirty consec-
12 utive days shall not be inconsistent with the occupancy of such multiple
13 dwelling for permanent residence purposes if:
14 (A) No more than five percent of the dwelling units in such multiple
15 dwelling but not less than one dwelling unit, are designated for such
16 use and the designation of a unit once made may not be changed to anoth-
17 er unit;
18 (B) A list of the designated dwelling units certified by an authorized
19 representative of the college or university is kept on the premises by
20 the owner or net lessee and made available upon request for inspection
21 by the department or the fire department of such city;
22 (C) Only designated dwelling units on the certified list are used for
23 occupancy for fewer than thirty consecutive days and only by (i) natural
24 persons, other than persons whose only relationship with the college or
25 university is as a student, for whom the college or university has
26 undertaken to provide housing accommodations such as visiting professors
27 and academics, graduate students with research or teaching fellowships,
28 researchers and persons presenting academic papers, interviewing for
29 positions of employment or having other similar business with the
30 college or university, or (ii) natural persons for whom a hospital
31 affiliated with such college or university has undertaken to provide
32 housing accommodations such as patients, patients' families and/or
33 accompanying escorts, medical professionals and healthcare consultants
34 or persons having other similar business with such hospital. A log shall
35 be maintained on the premises of the names and addresses of such persons
36 and the duration and reason for their stay. Such log shall be accessible
37 upon request for inspection by the department and the fire department of
38 such municipality;
39 (D) No rent or other payment is collected for such occupancy; and
40 (E) The fire department of such city shall require the filing of a
41 fire safety plan or other appropriate fire safety procedure.
42 § 2. Section 67 of the multiple dwelling law is amended by adding a
43 new subdivision 16 to read as follows:
44 16. a. Notwithstanding any other provision of law to the contrary,
45 within a dwelling to which this section is applicable the use of dwell-
46 ing units as a hotel for other than permanent residence purposes, as
47 defined in paragraph a of subdivision eight of section four of this
48 chapter, that would otherwise be prohibited shall be permitted to
49 continue for a period of two years after the effective date of this
50 subdivision provided that:
51 (1) such dwelling units were used for other than permanent residence
52 purposes on January first, two thousand nine and on the effective date
53 of this subdivision and fifty-one percent or more of the total number of
54 dwelling units in such dwelling were used for other than permanent resi-
55 dence purposes on such dates;
A. 10008--B 3
1 (2) such dwelling was occupied as a hotel for other than permanent
2 residence purposes on December fifteenth, nineteen hundred sixty-one;
3 (3) such dwelling is of fireproof construction and was of fireproof
4 construction on January first, two thousand nine;
5 (4) such dwelling units used for other than permanent residence
6 purposes have at least two lawful means of egress, including exit
7 stairs, fire towers or exterior stairs but excluding fire escapes and
8 had such lawful means of egress on January first, two thousand nine;
9 (5) such dwelling has operational exit signs and a fire alarm system
10 complying with the provisions for existing transient occupancies in
11 accordance with local law and had such exit signs and fire alarm system
12 on January first, two thousand nine; and
13 (6) such dwelling units used for other than permanent residence
14 purposes are registered with the department within one hundred eighty
15 days after the effective date of this subdivision in a form and manner
16 to be provided by such department, including a requirement that the
17 applicant submit certification of compliance with subparagraphs three,
18 four and five of this paragraph, signed and sealed by a registered
19 architect or licensed professional engineer in good standing under the
20 education law. The department may assess fees to cover all costs asso-
21 ciated with such registration. The department may refuse to register
22 dwelling units or may revoke such registration if it determines such
23 dwelling units or dwelling do not comply with the conditions for regis-
24 tration set forth in subparagraphs one through five of this paragraph.
25 b. The owner shall obtain a certificate of occupancy for the use of
26 registered dwelling units for other than permanent residence purposes
27 within two years after the effective date of this subdivision. Upon
28 application prior to the expiration of such two year period, the depart-
29 ment may, for good cause, extend such time for up to one additional year
30 but no such extension shall be granted unless the department finds that:
31 (1) the owner has obtained the necessary permit or permits for all
32 work necessary to bring such dwelling into compliance with the require-
33 ments of this chapter and all local housing, building and fire codes for
34 the use of dwelling units for other than permanent residence purposes;
35 (2) all construction authorized by such permit or permits has been
36 substantially completed; and
37 (3) there are no considerations of public safety, health and welfare
38 that have become apparent since the issuance of the above described
39 permit or permits that indicate an overriding benefit to the public in
40 enforcing the requirement that the applicant obtain a certificate of
41 occupancy for the use of registered dwelling units for other than perma-
42 nent residence purposes within two years after the effective date of
43 this subdivision.
44 c. Upon application prior to the expiration of the time for obtaining
45 a certificate of occupancy, as extended by the department pursuant to
46 paragraph b of this subdivision, the board of standards and appeals may
47 grant further extensions of time to obtain a certificate of occupancy in
48 a case where there are circumstances beyond the applicant's control or
49 hardship in the way of obtaining such certificate within the time
50 allowed by the department but no more than two such extensions of one
51 year each shall be granted for a building and no such extension shall be
52 granted unless the board finds that there are no outstanding building or
53 fire code violations of record at the property.
54 d. The department shall issue such certificate of occupancy upon proof
55 that said dwelling conforms in all respects to the requirements of this
56 chapter and all local housing, building and fire codes for the use of
A. 10008--B 4
1 dwelling units for other than permanent residence purposes. If no such
2 certificate of occupancy is issued within two years after the effective
3 date of this subdivision or, if applicable, within the time as extended
4 by the department or as further extended by the board of standards and
5 appeals, all use of dwelling units for other than permanent residence
6 purposes shall thereafter cease.
7 e. If after a certificate of occupancy is issued pursuant to paragraph
8 d of this subdivision, the use of such dwelling units for other than
9 permanent residence purposes is discontinued, nothing in this subdivi-
10 sion shall be construed to limit the application of the local zoning
11 resolution with respect to such discontinuance.
12 § 3. Article 4 of the multiple dwelling law is amended by adding a new
13 title 3 to read as follows:
14 TITLE 3
15 CERTAIN CLASS A MULTIPLE DWELLINGS ERECTED PRIOR TO
16 DECEMBER 15, 1961
17 Section 120. Use of dwelling units in a class A multiple dwelling for
18 other than permanent residence purposes.
19 § 120. Use of dwelling units in a class A multiple dwelling for other
20 than permanent residence purposes. 1. Notwithstanding any other
21 provision of law to the contrary, within a class A multiple dwelling to
22 which this article is applicable the use of dwelling units as a hotel
23 for other than permanent residence purposes, as defined in paragraph a
24 of subdivision eight of section four of this chapter, that would other-
25 wise be prohibited shall be permitted to continue for a period of two
26 years after the effective date of this section provided that:
27 a. such dwelling units were used for other than permanent residence
28 purposes on January first, two thousand nine and on the effective date
29 of this subdivision and fifty-one percent or more of the total number of
30 dwelling units in such dwelling were used for other than permanent resi-
31 dence purposes on such dates;
32 b. (1) such dwelling was initially constructed as and identified on
33 its initial certificate of occupancy as "apartment hotel" or "class A
34 hotel" and occupied as a hotel for other than permanent residence
35 purposes on December fifteenth, nineteen hundred sixty-one or, if such
36 dwelling was under construction and not yet complete on such date, was
37 occupied as a hotel for other than permanent residence purposes at the
38 time the dwelling was completed, or (2) such dwelling is in zoning
39 district C5 as designated in the New York city zoning resolution and was
40 initially constructed as a hotel for other than permanent residence
41 purposes prior to December fifteenth, nineteen hundred sixty-one and
42 occupied as a hotel for other than permanent residence purposes on
43 December fifteenth, nineteen hundred sixty-one, or (3) such dwelling (A)
44 is within twelve hundred feet of zoning district C5 as designated in the
45 New York city zoning resolution, (B) was initially constructed as a
46 hotel for other than permanent residence purposes in accordance with a
47 permit that was issued prior to December fifteenth, nineteen hundred
48 sixty-one, and (C) was completed after December fifteenth, nineteen
49 hundred sixty-one and was initially occupied as a hotel for other than
50 permanent residence purposes;
51 c. such dwelling is of fireproof construction and was of fireproof
52 construction on January first, two thousand nine;
53 d. such dwelling units used for other than permanent residence
54 purposes have at least two lawful means of egress, including exit
A. 10008--B 5
1 stairs, fire towers or exterior stairs but excluding fire escapes and
2 had such lawful means of egress on January first, two thousand nine;
3 e. such dwelling has operational exist signs and a fire alarm system
4 complying with the provisions for existing transient occupancies in
5 accordance with local law and had such exit signs and fire alarm system
6 on January first, two thousand nine; and
7 f. such dwelling units used for other than permanent residence
8 purposes are registered with the department within one hundred eighty
9 days after the effective date of this section in a form and manner to be
10 provided by such department, including a requirement that the applicant
11 submit certification of compliance with paragraphs d and e of this
12 subdivision, signed and sealed by a registered architect or licensed
13 professional engineer in good standing under the education law. The
14 department may assess fees to cover all costs associated with such
15 registration. The department may refuse to register dwelling units or
16 may revoke such registration if it determines such dwelling units or
17 dwelling do not comply with the conditions for registration set forth in
18 paragraphs a through e of this subdivision.
19 2. The owner shall obtain a certificate of occupancy for the use of
20 registered dwelling units for other than permanent residence purposes
21 within two years after the effective date of this section. Upon applica-
22 tion prior to the expiration of such two year period, the department
23 may, for good cause, extend such time for up to one additional year but
24 no such extension shall be granted unless the department finds that:
25 a. the owner has obtained the necessary permit or permits for all work
26 necessary to bring such dwelling into compliance with the requirements
27 of this chapter and all local housing, building and fire codes for the
28 use of dwelling units for other than permanent residence purposes;
29 b. all construction authorized by such permit or permits has been
30 substantially completed; and
31 c. there are no considerations of public safety, health and welfare
32 that have become apparent since the issuance of the above described
33 permit or permits that indicate an overriding benefit to the public in
34 enforcing the requirement that the applicant obtain a certificate of
35 occupancy for the use of registered dwelling units for other than perma-
36 nent residence purposes within two years after the effective date of
37 this section.
38 3. Upon application prior to the expiration of the time for obtaining
39 a certificate of occupancy, as extended by the department pursuant to
40 subdivision two of this section, the board of standards and appeals may
41 grant further extensions of time to obtain a certificate of occupancy in
42 a case where there are circumstances beyond the applicant's control or
43 hardship in the way of obtaining such certificate within the time
44 allowed by the department but no more than two such extensions of one
45 year each shall be granted for a building and no such extension shall be
46 granted unless the board finds that there are no outstanding building or
47 fire code violations of record at the property.
48 4. The department shall issue such certificate of occupancy upon proof
49 that said dwelling conforms in all respects to the requirements of this
50 chapter and all local housing, building and fire codes for the use of
51 dwelling units for other than permanent residence purposes. If no such
52 certificate of occupancy is issued within two years after the effective
53 date of this section or, if applicable, within the time as extended by
54 the department or as further extended by the board of standards and
55 appeals, all use of dwelling units for other than permanent residence
56 purposes shall thereafter cease.
A. 10008--B 6
1 5. If after a certificate of occupancy is issued pursuant to subdivi-
2 sion four of this section, the use of such dwelling units for other than
3 permanent residence purposes is discontinued, nothing in this section
4 shall be construed to limit the application of the local zoning resol-
5 ution with respect to such discontinuance.
6 § 4. Subdivisions 1 and 16 of section 248 of the multiple dwelling
7 law, subdivision 1 as amended by chapter 116 of the laws of 1950, are
8 amended to read as follows:
9 1. It shall be unlawful to occupy any frame multiple dwelling for
10 single room occupancy. It shall be unlawful to occupy any other existing
11 class A dwelling or part thereof as a rooming house or furnished room
12 house or for single room occupancy unless such dwelling or part shall
13 conform to the provisions of this section and to such other provisions
14 of this chapter as were applicable to such dwelling before such conver-
15 sion. This section shall not be construed to prohibit the letting by a
16 family of one or more rooms within their apartment to not more than a
17 total of four boarders, roomers or lodgers provided, however, that every
18 room in such apartment shall have free and unobstructed access to each
19 required exit from such apartment as required by the provisions of para-
20 graphs a, b and c of subdivision four of this section. A dwelling occu-
21 pied pursuant to this section shall be deemed a class A dwelling and
22 dwelling units occupied pursuant to this section shall be occupied for
23 permanent residence purposes, as defined in paragraph a of subdivision
24 eight of section four of this chapter.
25 [16. It shall be unlawful to rent any room in any such dwelling for a
26 period of less than a week.]
27 § 5. Section 27-265 of the administrative code of the city of New York
28 is amended to read as follows:
29 § 27-265 Occupancy group J-2. Shall include buildings with three or
30 more dwelling units that are [primarily occupied for the shelter and
31 sleeping accommodation of individuals on a month-to-month or longer-term
32 basis] occupied for permanent residence purposes as defined in subpara-
33 graph (a) of paragraph eight of subdivision a of section 27-2004 of the
34 housing maintenance code.
35 § 6. Section 310.1.2 of BC 310 of the New York City building code of
36 chapter 7 of title 28 of the administrative code of the city of New
37 York, as added by local law number 33 of the city of New York for the
38 year 2007, is amended to read as follows:
39 310.1.2 Group R-2. This occupancy shall include buildings or portions
40 thereof containing sleeping units or more than two dwelling units that
41 are occupied[, as a rule, for shelter and sleeping accommodation on a
42 long-term basis for a month or more at a time] for permanent residence
43 purposes as defined in subparagraph (a) of paragraph eight of subdivi-
44 sion a of section 27-2004 of the New York City Housing Maintenance Code.
45 Such occupancy shall be subject to the New York State Multiple Dwelling
46 Law. This group shall include, but not be limited to, the following:
47 Adult homes or enriched housing with 16 or fewer occupants requiring
48 supervised care on a 24-hour basis in the same building, provided that
49 the number of occupants per dwelling unit does not exceed the definition
50 of a family
51 Apartment houses
52 Apartment hotels (nontransient)
53 Class A multiple dwellings as defined in Section 27-2004 of the New
54 York City Housing Maintenance Code and Section 4 of the New York State
55 Multiple Dwelling Law, including the following:
A. 10008--B 7
1 1. Dwelling units where the resident of the unit provides custodial
2 care to no more than four persons on less than a 24-hour basis and not
3 overnight.
4 2. Dwelling units where the resident of the unit provides child custo-
5 dial care as a family day care home registered with the New York City
6 Department of Health and Mental Hygiene in accordance with the New York
7 State Social Services Law with no more than six children between the
8 ages of 2 and 13, or with no more than five children if any are under
9 the age of 2, receiving supervised care on less than a 24-hour basis and
10 not overnight.
11 Exception: Class A multiple dwellings classified in Group I-1.
12 Convents and monasteries with more than 20 occupants in the building
13 Student apartments
14 § 7. Subparagraph (a) of paragraph 8 of subdivision a of section
15 27-2004 of the administrative code of the city of New York is amended to
16 read as follows:
17 (a) A class A multiple dwelling is a multiple dwelling [which] that is
18 occupied[, as a rule,] for permanent residence purposes. This class
19 shall include tenements, flat houses, maisonette apartments, apartment
20 houses, apartment hotels, bachelor apartments, studio apartments, duplex
21 apartments, kitchenette apartments, garden-type maisonette dwelling
22 projects, and all other multiple dwellings except class B multiple
23 dwellings. A class A multiple dwelling shall only be used for permanent
24 residence purposes. For the purposes of this subparagraph, "permanent
25 residence purposes" shall consist of occupancy of a dwelling unit by the
26 same natural person or family for thirty consecutive days or more, and a
27 natural person or family so occupying a dwelling unit shall be referred
28 to herein as the permanent occupants of such dwelling unit. The follow-
29 ing uses of a dwelling unit by the permanent occupants thereof shall not
30 be deemed to be inconsistent with occupancy of such dwelling unit for
31 permanent residence purposes:
32 (1) (A) occupancy of such dwelling unit for fewer than thirty consec-
33 utive days by other natural persons living within the household of the
34 permanent occupant such as house guests or lawful boarders, roomers or
35 lodgers; or
36 (B) incidental and occasional occupancy of such dwelling unit for
37 fewer than thirty consecutive days by other natural persons when the
38 permanent occupants are temporarily absent for personal reasons such as
39 vacation or medical treatment, provided that there is no monetary
40 compensation paid to the permanent occupants for such occupancy.
41 (2) In a class A multiple dwelling owned by an accredited not-for-pro-
42 fit college or university or leased by such a college or university
43 under a net lease for a term of forty-nine years or more, the use of
44 designated dwelling units for occupancy for fewer than thirty consec-
45 utive days shall not be inconsistent with the occupancy of such multiple
46 dwelling for permanent residence purposes if:
47 (A) No more than five percent of the dwelling units in such multiple
48 dwelling but not less than one dwelling unit, are designated for such
49 use and the designation of a unit once made may not be changed to anoth-
50 er unit;
51 (B) A list of the designated dwelling units certified by an authorized
52 representative of the college or university is kept on the premises by
53 the owner or net lessee and made available upon request for inspection
54 by the department or the fire department of such city;
55 (C) Only designated dwelling units on the certified list are used for
56 occupancy for fewer than thirty consecutive days and only by (i) natural
A. 10008--B 8
1 persons, other than persons whose only relationship with the college or
2 university is as a student, for whom the college or university has
3 undertaken to provide housing accommodations such as visiting professors
4 and academics, graduate students with research or teaching fellowships,
5 researchers and persons presenting academic papers, interviewing for
6 positions of employment or having other similar business with the
7 college or university, or (ii) natural persons for whom a hospital
8 affiliated with such college or university has undertaken to provide
9 housing accommodations such as patients, patients' families and/or
10 accompanying escorts, medical professionals and healthcare consultants
11 or persons having other similar business with such hospital. A log shall
12 be maintained on the premises of the names and addresses of such persons
13 and the duration and reason for their stay. Such log shall be accessible
14 upon request for inspection by the department and the fire department of
15 such municipality;
16 (D) No rent or other payment is collected for such occupancy; and
17 (E) The fire department of such city shall require the filing of a
18 fire safety plan or other appropriate fire safety procedure.
19 § 8. This act shall take effect immediately and shall apply to all
20 buildings in existence on such effective date and to buildings
21 constructed after such effective date.
