STATE OF NEW YORK
________________________________________________________________________
10199
IN SENATE
May 5, 2026
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the multiple dwelling law and the administrative code of
the city of New York, in relation to certain alterations to multiple
dwellings; and repealing certain provisions of the multiple dwelling
law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 28, subdivision 5 of section 34, subdivisions 1, 2,
2 3 and 5 of section 177, subdivision 5 of section 216, and subdivisions
3 2, 3, 4, 5, 6, 7 and 8 of section 300 of the multiple dwelling law are
4 REPEALED.
5 § 2. Subdivision 11 of section 3 of the multiple dwelling law, as
6 amended by chapter 806 of the laws of 1972, is amended to read as
7 follows:
8 11. Notwithstanding any other provision of this section, the following
9 enumerated articles, sections and subdivisions of sections of this chap-
10 ter shall not apply to the construction or alteration of multiple dwell-
11 ings for which an application for a permit is made to the department
12 after December sixth, nineteen hundred sixty-nine in a city having a
13 population of one million or more [which adopts or has adopted local
14 laws, ordinances, resolutions or regulations providing protection from
15 fire hazards and making provision for escape from fire in the
16 construction and alteration of multiple dwellings and in other respects
17 as protective as local law seventy-six of the laws of the city of New
18 York for nineteen hundred sixty-eight and covering the same subject
19 matter as the following]: subdivisions twenty-five, twenty-seven, [twen-
20 ty-eight, thirty-five-c,] thirty-six and thirty-nine of section four,
21 subdivision three of section twenty-eight, sections thirty-six, thirty-
22 seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five, sixty,
23 sixty-one, sixty-seven, subdivisions one, two, four and five of section
24 seventy-five, article four, article five, article five-A, and article
25 six [and article seven-B]; except that after December sixth, nineteen
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15704-02-6
S. 10199 2
1 hundred sixty-nine where a multiple dwelling erected prior to December
2 sixth, nineteen hundred sixty-nine is altered, or a building erected
3 prior to December sixth, nineteen hundred sixty-nine is converted to a
4 multiple dwelling pursuant to a permit applied for to the department
5 having jurisdiction, the foregoing articles, sections and subdivisions
6 of sections shall remain applicable where a local law of such city
7 authorizes such alteration or conversion to be made, at the option of
8 the owner, either in accordance with the requirements of the building
9 law and regulations in effect in such city prior to December sixth,
10 nineteen hundred sixty-eight or the requirements of the building law and
11 regulations in effect after such date, and the owner elects to comply
12 with the requirements of the building law and regulations in effect
13 prior to December sixth, nineteen hundred sixty-eight.
14 § 3. Paragraph b of subdivision 1 of section 26 of the multiple dwell-
15 ing law, as amended by chapter 630 of the laws of 1965, is amended to
16 read as follows:
17 b. The construction, enlargement, conversion or alteration of any
18 dwelling undertaken pursuant to plans filed prior to December fifteenth,
19 nineteen hundred sixty-one in compliance with the provisions of sections
20 twenty-six[,] and twenty-seven [and twenty-eight] of this chapter, as
21 they existed prior to the enactment of chapter ten hundred seventy-two
22 of the laws of nineteen hundred sixty, effective July first, nineteen
23 hundred sixty-one may be commenced, continued or completed as if such
24 sections remained in full force and effect. Notwithstanding the
25 provisions of [subdivision four of] section three hundred, the depart-
26 ment shall not require any change or modification in the height or bulk
27 or in the area of yards, courts and other open spaces of dwellings to be
28 erected or enlarged pursuant to plans filed prior to December fifteenth,
29 nineteen hundred sixty-one as a condition for the reissuance of a build-
30 ing permit or the renewal of an approval, except as may otherwise be
31 provided by local law, ordinance or zoning ordinance.
32 § 4. Subdivision 2 of section 30 of the multiple dwelling law is
33 amended to read as follows:
34 2. Except as in this section and in sections thirty-three, seventy-
35 six, one hundred fifteen, one hundred sixty, one hundred seventy-six,
36 two hundred, two hundred thirteen, two hundred fifty and two hundred
37 fifty-one or otherwise expressly provided, every room, including kitch-
38 ens, water-closet compartments and bathrooms, shall have at least one
39 window opening directly upon a street or upon a lawful yard, court or
40 space above a setback upon the same lot as that occupied by the multiple
41 dwelling in which such room is situated. Every such window shall be so
42 located as to light properly all portions of the room.
43 § 5. Paragraph a of subdivision 6 of section 34 of the multiple dwell-
44 ing law, as amended by chapter 919 of the laws of 1957, is amended to
45 read as follows:
46 a. Such apartment has at least one half of its height and all of its
47 window surfaces above every part of an "adequate adjacent space." Such
48 "adequate adjacent space" shall be open to the sky, shall be properly
49 drained to the satisfaction of the department, and shall be a continuous
50 surface area outside the dwelling not less than thirty feet in its least
51 dimension and abutting at same level, or directly below, every part of
52 the exterior walls of such apartment and of every other apartment on the
53 same floor. Such "adequate adjacent space" shall include only space
54 which is located on the same lot or plot as the dwelling or on a street
55 or public place or space. For buildings not more than seventy-five feet
56 in height and when an "adequate adjacent space" of thirty feet cannot be
S. 10199 3
1 provided, an open space at least twenty feet in its least dimension
2 shall be provided along the entire width of the building.
3 § 6. Section 54 of the multiple dwelling law is amended to read as
4 follows:
5 § 54. Cellar entrance. 1. There shall be a direct entrance to the
6 cellar, or to the lowest story if there be no cellar, from the outside
7 of every multiple dwelling erected after April eighteenth, nineteen
8 hundred twenty-nine, except that in non-fireproof multiple dwellings
9 erected after such date which are three stories or less in height and
10 occupied by not more than two families on any story, any stair leading
11 to such cellar or lowest story may be located inside the dwelling
12 provided it is enclosed in fireproof walls and fireproof doors and
13 assemblies with the doors self-closing, at both the level of such cellar
14 or lowest story and that of the story above. No such outside entrance
15 existing in any multiple dwelling on April eighteenth, nineteen hundred
16 twenty-nine, shall be obstructed.
17 2. The requirements and standards prescribed in this section shall be
18 subject to variation in specific cases by the commissioner of the
19 department or the board of standards and appeals of such city, in
20 accordance with paragraph two of subdivision (b) of section six hundred
21 forty-five and section six hundred sixty-six of the New York city char-
22 ter.
23 § 7. Paragraph b of subdivision 2 of section 76 of the multiple dwell-
24 ing law, as added by chapter 969 of the laws of 1960, is amended to read
25 as follows:
26 b. Every apartment in a class A dwelling, except old-law tenements,
27 shall also contain a bath or shower, which may be in a separate compart-
28 ment or together with the water-closet in a bathroom. There shall be
29 access to at least one such compartment or bathroom from every bedroom
30 without passing through any other bedroom.
31 § 8. Section 161 of the multiple dwelling law, as added by chapter 562
32 of the laws of 1954, is amended to read as follows:
33 § 161. Application of article five-A. The provisions of this article
34 shall apply to garden-type maisonette dwelling projects erected under
35 plans filed with the department on or after April eighteenth, nineteen
36 hundred fifty-four. They shall apply to all such dwellings unless their
37 application is expressly limited to dwellings of a particular class.
38 They shall apply in addition to, and not in substitution for, the
39 provisions of article three. Such dwellings need not comply with the
40 provisions of sections [twenty-eight,] thirty-five, thirty-six, fifty,
41 fifty-four, and sixty-five, or with articles four, five, six or seven of
42 this chapter, but such dwellings shall comply with all of the provisions
43 of the building code applicable to residential buildings of this type
44 and kind. A garden-type maisonette dwelling project, which is erected in
45 accordance with the applicable provisions of this chapter for fireproof
46 or non-fireproof dwellings other than the provisions of this article
47 five-A, shall not be required to comply with the provisions of this
48 article.
49 § 9. Section 174 of the multiple dwelling law is amended to read as
50 follows:
51 § 174. Size of rooms. Every living room shall contain five hundred
52 fifty cubic feet or more of air, shall be at least six feet wide at its
53 narrowest part and shall have a minimum height of seven feet if such
54 room is in the basement, of seven feet at all points more than six feet
55 from the front of such room if it is on the top story, and of eight feet
56 if on any other story, except that whenever a basement conforms to the
S. 10199 4
1 provisions of [subdivision four of] section one hundred seventy-seven
2 the living rooms in such basement may have a minimum height of six feet
3 eight inches from the finished floor to the bottom of any beams project-
4 ing below the level of the finished basement ceiling and of seven feet
5 to the ceiling between such beams.
6 § 10. Subdivision 4 of section 177 of the multiple dwelling law, para-
7 graph (g) as added by chapter 309 of the laws of 1965, is amended to
8 read as follows:
9 [4.] The basement of a converted dwelling may be used for living
10 purposes without meeting the requirements of subdivisions one and two of
11 section one hundred seventy-three if such dwelling meets the other
12 applicable requirements of such section and of this chapter, including
13 the following:
14 [a.] 1. Such a dwelling shall not exceed three stories, including the
15 basement, in height.
16 [b.] 2. It shall be occupied by not more than one family on any story,
17 including the basement. For the purposes of this [subdivision] section a
18 family shall not be deemed to include any boarders, lodgers or roomers.
19 [c.] 3. It shall have at least one court two feet or more in width
20 extending across the entire depth of the lot from the street to the
21 yard.
22 [d.] 4. The department shall deem the basement to be adequately light-
23 ed and ventilated, free of any dampness, sanitary and habitable.
24 [e.] 5. There shall be a separate water-closet compartment within the
25 basement apartment conforming to the provisions of section two hundred.
26 [f.] 6. Such dwelling shall not be required to comply with section one
27 hundred eighty-seven if a scuttle is provided conforming to section one
28 hundred eighty-eight.
29 [(g)] 7. This subdivision is applicable only to buildings noted, clas-
30 sified or recorded as such converted dwellings in the department prior
31 to January first, nineteen hundred sixty-six.
32 § 11. Paragraphs a and h of subdivision 1 of section 187 of the multi-
33 ple dwelling law are amended to read as follows:
34 a. If a dwelling is two stories or less in height, or if it is three
35 stories including a basement in height and conforms to the conditions of
36 [subdivision four of] section one hundred seventy-seven, a single means
37 of egress from each story to the street shall be sufficient.
38 h. Where a required means of egress leads to a yard less than thirty
39 feet in depth, except as provided in [paragraph f of] subdivision [four]
40 six of section one hundred seventy-seven, there shall be access from
41 such yard to the street through a court or fireproof passage, or to the
42 yard or court of adjoining premises by a gate or door through an inter-
43 vening fence, or, if the department deems such gate or door impractica-
44 ble and so certifies, by a ladder to the top of an intervening fence or
45 wall or by such other means as the department may require.
46 § 12. Paragraph a of subdivision 10 of section 248 of the multiple
47 dwelling law, as amended by chapter 839 of the laws of 1965, is amended
48 to read as follows:
49 a. There shall be a [central] permanent heating system adequate to
50 heat every sleeping room in a dwelling to the temperature requirements
51 prescribed by subdivision one of section seventy-nine of this chapter.
52 § 13. Paragraph (b) of subdivision 1 of section 277 of the multiple
53 dwelling law, as added by chapter 734 of the laws of 1985, is amended to
54 read as follows:
55 (b) Window openings in exterior walls shall conform with the limita-
56 tions [of table 3-4 chapter twenty-six of the administrative code of the
S. 10199 5
1 city of] described in the New York city construction codes, unless such
2 windows are fire protected and provided with either a minimum of one
3 sprinkler head per window or window automatic closing devices, accepta-
4 ble to the department of buildings.
5 § 14. Paragraphs (b) and (c) of subdivision 2 of section 277 of the
6 multiple dwelling law, as added by chapter 734 of the laws of 1985, are
7 amended to read as follows:
8 (b) if non-fireproof, does not exceed a height of six stories, and
9 eighty-five feet measured to the ceiling of the highest floor in a depth
10 of one hundred feet; or does not exceed a height of seven stories, and
11 eighty-five feet and a depth of one hundred feet and is wet sprinklered
12 throughout; and has a maximum floor area between the two hour rated
13 [partitions] wall assemblies constructed in accordance with [section
14 C26-504.2 of the administrative code of the city of] the New York city
15 construction codes of:
16 (i) three thousand square feet; or
17 (ii) five thousand square feet if the building is six stories or less
18 in height and is fully wet sprinklered; or
19 (iii) five thousand square feet if the building is seven stories in
20 height and is fully wet sprinklered and has a stand pipe system; or
21 (iv) ten thousand square feet if the building is fully wet sprinklered
22 and has one hour rated ceilings.
23 (c) complies with the applicable construction classification require-
24 ments and exterior wall opening limitations of [table 3-4 chapter twen-
25 ty-six of the administrative code of the city of] the New York [for J-2
26 occupancy] city construction codes.
27 § 15. Paragraph (b) of subdivision 6 of section 277 of the multiple
28 dwelling law, as added by chapter 734 of the laws of 1985, is amended to
29 read as follows:
30 (b) complies with the standards of lighting, ventilation, size of
31 rooms, alcoves and balconies contained in [section C26-1205.0 through
32 and including sections C26-1205.5 and C26-1205.7 of the administrative
33 code of the city of] the New York city construction codes, except as
34 otherwise provided in paragraph (d) of subdivision seven of this
35 section.
36 § 16. Subdivision 7 of section 277 of the multiple dwelling law, as
37 added by chapter 734 of the laws of 1985, paragraph (e) as amended by
38 chapter 559 of the laws of 1995, is amended to read as follows:
39 7. Minimum light and air standards for joint living-work quarters for
40 artists or general residential portions of lofts or manufacturing and
41 commercial buildings altered to residential use shall comply with the
42 following:
43 (a) Portions of such buildings which are occupied exclusively as joint
44 living-work quarters for artists as permitted by local law shall comply
45 with the following:
46 (i) The minimum size of a joint living-work quarters for artists shall
47 be twelve hundred square feet of interior space, except as otherwise
48 authorized by the zoning resolution of the city of New York, for units
49 occupied for residential purposes on or before January first, nineteen
50 hundred eighty-five.
51 (ii) Joint living-work quarters for artists shall conform to the stan-
52 dards for light and ventilation of [sections C26-1205.0 through and
53 including section C26-1205.7 of the administrative code of the city of]
54 the New York city construction codes.
55 (b) Portions of such buildings which are occupied exclusively as resi-
56 dential units as permitted by local law shall comply with the following:
S. 10199 6
1 (i) Every dwelling unit shall have one or more windows:
2 A. which open onto a street, a court with a dimension of fifteen feet
3 perpendicular to the windows and one hundred square feet minimum area
4 above a setback or a [thirty] twenty foot rear yard; or
5 B. for corner lots or lots within one hundred feet of a corner, where
6 the minimum horizontal distance between such windows opening onto a rear
7 yard and the rear lot line is at least twenty feet; or
8 C. for interior lots, where the minimum horizontal distance between
9 such windows opening onto a rear yard and any wall opposite such windows
10 on the same or another zoning lot is at least twenty feet and not less
11 than a distance equal to one-third of the total height of such wall
12 above the sill height of such windows; but need not exceed forty feet;
13 or
14 D. for interior lots where the minimum horizontal distance between
15 such windows opening onto a rear yard and any wall opposite such windows
16 on the same or another zoning lot is at least fifteen feet and the mini-
17 mum size of such dwelling unit is twelve hundred square feet; [or] and
18 E. in no event shall the distance between such windows and the rear
19 lot line be less than five feet; and
20 F. yards and courts may be existing or may be new in buildings seven
21 stories or less in height.
22 (ii) The minimum required ratio of window area opening onto a street,
23 rear yard, or court to the floor area of every living room shall:
24 A. be ten percent where the floor area of such living room is less
25 than five hundred square feet; or
26 B. decrease, by one percent for every one hundred square feet greater
27 than five hundred square feet of floor area of such living room, to a
28 minimum of five percent; and
29 C. in no event shall the distance between such window area and the
30 rear lot line be less than five feet; and
31 D. at least fifty percent of the required window area shall be opena-
32 ble.
33 (c) Ventilation of spaces other than living rooms, including enclosed
34 work spaces for joint living-work quarters for artists shall be either
35 in accordance with this section or in accordance with the administrative
36 code of the city of New York.
37 (d) No building converted pursuant to this article shall be enlarged,
38 except where the underlying zoning district permits residential use.
39 Such an enlargement shall be in conformance with the bulk regulations
40 for conforming residential use for new construction and shall be in
41 conformance with the provisions of section twenty-six of this chapter.
42 No interior floor area enlargement shall be permitted except that a
43 mezzanine with a minimum headroom of seven feet shall be allowed within
44 individual dwelling units, provided that the gross floor area of such
45 mezzanine does not exceed one-third of the floor area contained within
46 such dwelling unit. No mezzanine shall be included as floor area for the
47 purpose of calculating the minimum required size of a living room or a
48 dwelling unit or for calculating floor area devoted to dwellings. For
49 the purpose of this article a mezzanine may be constructed above the
50 level of the roof of a building as long as the aggregate area of roof
51 structures does not exceed one-third of the total roof area and the roof
52 structures conform with applicable building code requirements.
53 (e) The kitchen located within dwelling units and having a floor area
54 of eighty square feet or more shall have natural ventilation as
55 prescribed in [sections 27-749 and 27-750 of chapter twenty-seven of the
56 administrative code of the city of] the New York city construction
S. 10199 7
1 codes. Open kitchens shall be considered as part of the adjacent space
2 where forty percent of the area of the separation between the spaces is
3 open and without doors. If the floor area of the combined space exceeds
4 seven hundred fifty square feet, a separate bedroom shall not be
5 required. When the floor area is less than eighty square feet the kitch-
6 enette shall be ventilated by either of the following:
7 (i) Natural means complying with [sections 27-749 and 27-750 of chap-
8 ter twenty-seven of the administrative code of the city of] the New York
9 city construction codes and further that the windows shall have a mini-
10 mum width of twelve inches, a minimum area of three square feet, or ten
11 percent of the floor area of the space, whichever is greater and be so
12 constructed that at least one-half of their required area may be opened.
13 When the space is located at the top story, the window or windows may be
14 replaced with a skylight whose minimum width shall be twelve inches,
15 whose minimum area shall be four square feet or one-eighth of the floor
16 area of the space, whichever is greater and which shall have ventilation
17 openings of at least one-half of the required area of the skylight.
18 (ii) Mechanical means exhausting at least two cubic feet per minute of
19 air per square foot of floor area. Where doors are to be used to sepa-
20 rate the space, the lower portion of each door shall have a metal grill
21 containing at least forty-eight square inches of clean openings or in
22 lieu of such grill, two clear opening spaces may be provided, each of at
23 least twenty-four square inches, one between the bottom of each door and
24 the floor and the other between the top of each door and the head jamb.
25 (f) When bathrooms and toilet rooms are ventilated by natural means,
26 the natural ventilation sources shall comply with [sub-article 1205.0 of
27 chapter twenty-six of the administrative code of the city of] the New
28 York city construction codes and shall have an unobstructed free area of
29 at least five percent of the floor area. In no case shall the net free
30 area of the ventilation sources be less than one and one-half square
31 feet. When bathrooms and toilet rooms are vented by mechanical means,
32 individual vent shafts or ducts constructed of non-combustible materials
33 with a minimum cross section area of one square foot shall be utilized,
34 the exhaust system shall be capable of exhausting at least fifty cubic
35 feet per minute of air. Means shall be provided for egress of air by
36 louvers in doors, by undercutting the door, or by transfer ducts, grills
37 or other openings. Toilet exhaust systems shall be arranged to expel air
38 directly to the outdoors.
39 (g) A single station smoke detector shall be installed immediately
40 outside each sleeping or bedroom area of each dwelling unit. Such device
41 shall be designed and installed so as to detect smoke and activate an
42 alarm, be reasonably free from false alarms and provide visible indi-
43 cation that the alarm is energized. Such device shall be directly
44 connected to the lighting circuit of the dwelling or rooming unit with
45 no intervening wall switch and shall provide a warning signal clearly
46 audible in all sleeping quarters with intervening doors closed. Cord
47 connected installations or smoke detectors which rely exclusively on
48 batteries are not permissible. Such devices shall either be approved or
49 listed by an acceptable testing service or laboratory.
50 § 17. Subdivision 1 of section 300 of the multiple dwelling law, para-
51 graph a as amended by chapter 411 of the laws of 1949, is amended to
52 read as follows:
53 [1.] It shall be unlawful to commence the construction or alteration
54 of a multiple dwelling or any part or section thereof, or of any build-
55 ing or structure on the same lot with such a dwelling, or the alteration
56 or conversion of a building for use as a multiple dwelling, or the
S. 10199 8
1 moving of a dwelling from one lot to another, until the issuance of a
2 permit [by the department upon compliance with all of the following
3 requirements:
4 a. The owner, or a registered architect or licensed professional engi-
5 neer designated by the owner as his agent, shall file with the depart-
6 ment, upon a form furnished by it, a detailed statement of the specifi-
7 cations for the construction, alteration, conversion or moving of such
8 dwelling or structure and for its use and occupancy, together with as
9 many complete copies of the plans of such work as may be required by the
10 department.
11 b. Such statement shall give the name and residence, by street and
12 number, of the owner of such dwelling or structure. If such
13 construction, alteration, conversion or moving is proposed to be done by
14 any other person than the owner of the land in fee, such statement shall
15 also contain the name and residence, by street and number, of every
16 person interested in such land and dwelling, either as owner, as lessee
17 or in any representative capacity.
18 c. Such statement shall be verified by an affidavit of the person
19 making it. Said affidavit shall allege that said specifications and
20 plans are true and contain a correct description of such dwelling or
21 structure, of the class and kind thereof, of its occupancy of the lot
22 and of the proposed work. No architect or engineer shall be recognized
23 as the agent of the owner unless he shall file with the department a
24 written instrument, signed by the owner, designating him as such agent.
25 Any false allegation in respect to a material point shall be deemed
26 perjury.
27 d. Such specifications, plans and statements shall be filed in the
28 department, which shall cause them to be examined. If such plans and
29 specifications conform to the provisions of this chapter, to the build-
30 ing code and regulations, and to all other applicable law, they shall be
31 approved by the department, and a written certificate to that effect
32 shall be issued to the person entitled thereto] in accordance with the
33 New York city construction codes.
34 § 18. Section 301 of the multiple dwelling law, paragraph b of subdi-
35 vision 1 as amended by chapter 893 of the laws of 1968, subdivision 4 as
36 amended by chapter 131 of the laws of 1979, subdivision 6 as added by
37 chapter 406 of the laws of 1992 and subdivision 7 as added by chapter
38 214 of the laws of 2022, is amended to read as follows:
39 § 301. Certificate of compliance or occupancy. 1. No multiple dwelling
40 shall be occupied in whole or in part until the issuance of a certif-
41 icate by the department that said dwelling conforms in all respects to
42 the requirements of this chapter, to the building code and rules and to
43 all other applicable law[, except that no such certificate shall be
44 required in the case of:
45 a. Any class B multiple dwelling existing on April eighteenth, nine-
46 teen hundred twenty-nine, for which a certificate of occupancy was not
47 required before such date and in which no changes or alterations have
48 been made except in compliance with this chapter, and
49 b. Any old-law tenement, or any class A multiple dwelling erected
50 after April twelfth, nineteen hundred one, which was occupied for two
51 years immediately before January first, nineteen hundred nine, and in
52 which no changes or alterations have been made except in compliance with
53 the tenement house law or this chapter, or wherein:
54 (1) two or more apartments are combined creating larger residential
55 units, and
S. 10199 9
1 (2) the total legal number of families within the building is being
2 decreased, and
3 (3) the bulk of the buildings is not being increased
4 These exceptions shall not be deemed to relieve any owner from the
5 obligation to make every alteration required in any old-law tenement or
6 other multiple dwelling in compliance with the applicable provisions of
7 this chapter.
8 2. Except as above provided, no dwelling constructed as or altered or
9 converted into a multiple dwelling after April eighteenth, nineteen
10 hundred twenty-nine, shall be occupied in whole or in part until the
11 issuance of a certificate of compliance or occupancy.
12 3. Such certificate shall be issued within ten days after written
13 application therefor if the dwelling shall be entitled thereto. The
14 department shall, on request of the owner or of his certified agent,
15 issue a certificate of compliance or occupancy for any existing multiple
16 dwelling not requiring such certificate, provided that, after an
17 inspection by the department, no violations are found against such
18 dwelling].
19 [4.] 2. The head of the department may, on the request of the owner or
20 [his] such owner's certified agent, issue a temporary certificate of
21 compliance or occupancy for a multiple dwelling or a section or a part
22 thereof for a period of ninety days or less, provided that such certif-
23 icate shall bear the endorsement that the dwelling has been inspected by
24 the department and complies with all the requirements of this chapter,
25 and that such temporary occupancy will not jeopardize life, health or
26 property. Such temporary certificate may be renewed at the discretion of
27 the head of the department [for similar periods but shall not extend,
28 together with such renewals, beyond a total period of two years from the
29 date of its original issuance] issued in accordance with the standards
30 prescribed by the New York city charter and administrative code of the
31 city of New York.
32 [5.] 3. A certificate, a record in the department, or a statement
33 signed by the head of the department that a certificate has been issued,
34 may be relied upon by every person who in good faith purchases a multi-
35 ple dwelling or who in good faith lends money upon the security of a
36 mortgage covering such a dwelling. Whenever any person has so relied
37 upon such a certificate, no claim that such dwelling had not, prior to
38 the issuance of such certificate, conformed in all respects to the
39 provisions of this chapter shall be made against such person or against
40 the interest of such person in a multiple dwelling to which such a
41 certificate applies or concerning which such a statement has been
42 issued.
43 [6. Notwithstanding any general or local law to the contrary, a
44 certificate issued for any multiple dwelling organized pursuant to the
45 provisions of article nine-B of the real property law, shall be deemed
46 issued for each dwelling unit contained within such multiple dwelling in
47 full compliance with the requirements of this section.
48 7.] 4. a. Any certificate by the department authorizing occupancy of a
49 dwelling as a Class B hotel shall also authorize occupancy of units in
50 such dwelling for permanent residence purposes notwithstanding any
51 provision of this chapter or of any state law, local law, ordinance,
52 resolution or regulation that would otherwise prohibit such occupancy,
53 require a change or alteration to the dwelling, or require a new or
54 amended certificate, provided that: (1) such occupancy for permanent
55 residence purposes shall be subject to the approval of the local housing
56 agency in its discretion; (2) a portion of such dwelling shall be
S. 10199 10
1 located within a district that under the local zoning regulations or
2 ordinances permits residential uses or within four hundred feet of such
3 a district, and such dwelling shall not be located in an industrial
4 business zone established pursuant to chapter six-D of title twenty-two
5 of the administrative code of the city of New York; (3) in the case of a
6 property at which any hotel workers are represented by a collective
7 bargaining representative, prior to the proposed conversion of such
8 property to occupancy for permanent residence purposes, the collective
9 bargaining representative shall be notified in writing of the proposed
10 conversion, and the property owner shall certify prior to the local
11 housing agency approving such occupancy that the collective bargaining
12 representative has mutually agreed in a separate writing with the prop-
13 erty owner to undertake the specific conversion described in the written
14 notice; and (4) such dwelling shall meet the conditions in paragraph b
15 of this subdivision. Alterations to the configuration of any such units
16 shall be permitted and shall comply with any applicable requirements of
17 any state law, local law, ordinance, resolution or regulation relating
18 to Class B hotels. If occupancy for permanent residence purposes is
19 authorized under the provisions of this subdivision within a district
20 where the local zoning regulations or ordinances would not otherwise
21 permit such use, the residential tenants shall be notified of the
22 district's zoning.
23 b. Occupancy of units in a dwelling shall not be authorized under the
24 provisions of paragraph a of this subdivision unless such units are (1)
25 financed by the state pursuant to and in compliance with the provisions
26 of article thirty-one of the private housing finance law; or (2)
27 purchased, acquired, or financed by a local housing agency, for the
28 purpose of creating supportive and/or affordable housing to be operated
29 by an appropriate nonprofit organization pursuant to a regulatory agree-
30 ment or contract with such local agency for low-income households or
31 people experiencing homelessness immediately prior to entering such
32 housing, where tenants shall earn no more than sixty percent of the area
33 median income and all units are rent stabilized and subject to permanent
34 affordability restrictions. For purposes of this paragraph, "appropriate
35 nonprofit organization", "affordable housing", "experiencing homeless-
36 ness", "rent stabilized", and "permanent affordability restrictions"
37 shall have the same meaning as defined in article thirty-one of the
38 private housing finance law.
39 § 19. Section 170 of the multiple dwelling law, as amended by chapter
40 959 of the laws of 1966, is amended to read as follows:
41 § 170. Application of article six and other provisions to converted
42 dwellings. The provisions of this article shall apply to converted
43 dwellings and to such dwellings only. They shall apply to all converted
44 dwellings unless their application is expressly limited to dwellings of
45 a particular class. The following enumerated articles and sections shall
46 also apply to all converted dwellings unless so limited:
47 Article 1. Introductory provisions; definitions.
48 2. Miscellaneous application provisions.
49 7-a. Temporary provisions.
50 8. Requirements and remedies.
51 9. Registry of names and service of papers.
52 10. Prostitution.
53 11. Laws repealed; saving clause; legislative intent;
54 effect.
55 § [28. Two or more buildings on same lot]
56 29. Painting of courts and shafts
S. 10199 11
1 31. Size of rooms--subdivision six
2 35. Entrance doors and lights
3 37. Artificial hall lighting
4 52. Stairs
5 55. Wainscoting
6 56. Frame buildings and extensions
7 57. Bells; mail receptacles
8 58. Incombustible materials
9 59. Bakeries and fat boiling
10 [§] 60. Motor vehicle storage
11 61. Business uses
12 62. Parapets, guard railings and wires--subdivision two
13 75. Water supply
14 76. Water-closet and bath accommodations
15 77. Plumbing and drainage
16 78. Repairs
17 79. Heating
18 80. Cleanliness
19 81. Receptacles for waste matter
20 83. Janitor or housekeeper
21 § 20. Section 210 of the multiple dwelling law, as amended by chapter
22 959 of the laws of 1966, is amended to read as follows:
23 § 210. Application of article seven and other provisions to tenements.
24 Except as provided in section two hundred forty-eight, the provisions of
25 this article shall apply only to tenements, as defined in subdivision
26 eleven of section four, occupied as such before April eighteenth, nine-
27 teen hundred twenty-nine. Unless in this article otherwise specifically
28 prescribed, none of its provisions shall be deemed to require any struc-
29 tural alteration in any tenement erected after April eleventh, nineteen
30 hundred one and lawfully occupied as such on April eighteenth, nineteen
31 hundred twenty-nine. Nothing in this article shall apply to converted
32 dwellings. In addition to the provisions of this article, the following
33 enumerated articles and sections shall, to the extent required therein,
34 apply to tenements:
35 Article 1. Introductory provisions; definitions
36 2. Miscellaneous application provisions
37 7-a. Temporary provisions
38 8. Requirements and remedies
39 9. Registry of names and service of papers
40 10. Prostitution
41 11. Laws repealed; saving clause; legislative intent; effect
42 § [28. Two or more buildings on same lot]
43 29. Painting of courts and shafts
44 31. Size of rooms--subdivision six
45 33. Cooking spaces
46 34. Rooms in basements and cellars
47 35. Entrance doors and lights
48 37. Artificial hall lighting
49 51. Shafts, elevators and dumbwaiters
50 52. Stairs
51 53. Fire-escapes
52 55. Wainscoting
53 56. Frame buildings and extensions
54 [§] 57. Bells; mail receptacles
55 58. Incombustible materials
56 59. Bakeries and fat boiling
S. 10199 12
1 60. Motor vehicle storage
2 61. Business uses
3 62. Parapets, guard railings and wires--subdivision two
4 75. Water supply
5 76. Water-closet and bath accommodations
6 77. Plumbing and drainage
7 78. Repairs
8 79. Heating
9 80. Cleanliness
10 81. Receptacles for waste matter
11 83. Janitor or housekeeper
12 § 21. Subdivision 1 of section 278 of the multiple dwelling law, as
13 added by chapter 734 of the laws of 1985, is amended to read as follows:
14 1. The provisions of this article apply to buildings with residential,
15 mixed or joint living-work quarters or artists' occupancy as herein
16 provided and to such buildings only. In addition to the provisions of
17 this article, the following enumerated articles and sections of this
18 chapter shall, to the extent required therein, apply to such buildings:
19 Article 1. Introductory provisions: definitions
20 2. Miscellaneous application provisions except sub-
21 division two of section nine
22 8. Requirements and remedies
23 9. Registry of names and service of papers
24 10. Prostitution
25 11. Laws repealed; saving clause; effect
26 Section [28. Two or more buildings on same lot]
27 29. Painting of courts and shafts
28 31. Size of rooms, subdivision six only
29 37. Artificial hall lighting
30 53. Fire-escapes
31 55. Wainscoting, subdivision two only
32 56. Frame buildings and extensions
33 57. Bells; mail receptacles
34 58. Incombustible materials
35 59. Bakeries and fat boiling
36 60. Motor vehicle storage
37 61. Business uses (except paragraph c of subdivision
38 one and subdivision three)
39 62. Parapets, guard railings and wires
40 § 22. Subdivision c of section 27-2084 of the administrative code of
41 the city of New York is amended to read as follows:
42 c. The basement of a dwelling converted in accordance with the
43 provisions of [subdivision four of] section one hundred seventy-seven of
44 the multiple dwelling law may be occupied only if the dwelling is clas-
45 sified and recorded in the department as such a converted dwelling prior
46 to January first, nineteen hundred sixty-six.
47 § 23. This act shall take effect immediately and shall apply to all
48 buildings in existence on or constructed after such date.
