NEW YORK STATE
MULTIPLE DWELLING LAW
Chapter 713 of the Laws of 1929, as amended
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ARTICLE 1 INTRODUCTORY PROVISIONS; DEFINITIONS
ARTICLE 2 MISCELLANEOUS APPLICATION PROVISIONS
ARTICLE 3 MULTIPLE DWELLINGS--GENERAL PROVISIONS
ARTICLE 4 FIREPROOF MULTIPLE DWELLINGS
ARTICLE 5 NON-FIREPROOF MULTIPLE DWELLINGS
ARTICLE 5-A GARDEN-TYPE MAISONETTE DWELLING PROJECTS
ARTICLE 6 CONVERTED DWELLINGS
ARTICLE 7 TENEMENTS
ARTICLE 7-A TEMPORARY PROVISIONS
ARTICLE 7-B JOINT LIVING-WORK QUARTERS FOR ARTISTS, OR
GENERAL RESIDENTIAL OCCUPANCY OF LOFT,
COMMERCIAL OR MANUFACTURING BUILDINGS
ARTICLE 7-C LEGALIZATION OF INTERIM MULTIPLE DWELLINGS
(NB Terminates 96/06/30)
ARTICLE 8 REQUIREMENTS AND REMEDIES
ARTICLE 9 REGISTRY OF NAMES AND SERVICE OF PAPERS
ARTICLE 10 PROSTITUTION
ARTICLE 11 LAWS REPEALED; SAVING CLAUSES; EFFECT
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ARTICLE 1
INTRODUCTORY PROVISIONS; DEFINITIONS
Section 1. Short title.
2. Legislative finding.
3. Application to cities, towns
and villages.
4. Definitions.
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Sec. 1. Short title.
This chapter shall be known as the "multiple dwelling law."
Sec. 2. Legislative finding.
It is hereby declared that intensive occupation of multiple
dwelling sites, overcrowding of multiple dwelling rooms,
inadequate provision for light and air, and insufficient
protection against the defective provision for escape from fire,
and improper sanitation of multiple dwellings in certain areas of
the state are a menace to the health, safety, morals, welfare,
and reasonable comfort of the citizens of the state; and that the
establishment and maintenance of proper housing standards
requiring sufficient light, air, sanitation and protection from
fire hazards are essential to the public welfare. Therefore the
provisions hereinafter prescribed are enacted and their necessity
in the public interest is hereby declared as a matter of
legislative determination.
Sec. 3. Application to cities, towns and villages.
1. This chapter shall apply to all cities with a population of
three hundred twenty-five thousand or more.
2. The legislative body of any other city, town or village may
adopt the provisions of this chapter and make the same
applicable to dwellings within the limits of such city, town
or village by the passage of a local law or ordinance
adopting the same; and upon the passage of such local law or
ordinance all of the provisions of articles one, two, three,
four, five, ten and eleven and such sections or parts of
sections of the other articles of this chapter as such local
law or ordinance shall enumerate, shall apply to such city,
town or village from the date stated in such law or
ordinance.
3. Except as herein otherwise specified, every multiple
dwelling shall be constructed or maintained in conformity
with other applicable laws.
4. a. Any city, town or village may make local laws,
ordinances, resolutions or regulations not less
restrictive than those provided in this chapter and may
provide for their enforcement by legal or equitable
actions or proceedings, and prescribe the penalties,
sanctions and remedies for violations thereof. In the
enforcement and administration of this chapter in a
city of three hundred twenty-five thousand or more
persons, the penalties, sanctions and remedies enacted
by local law may be applied, notwithstanding their
inconsistency with this chapter, or the provisions of
this chapter.
b. In a city of three hundred twenty-five thousand or more
persons, such local laws may authorize such actions or
proceedings against the owner, lessee of a whole
multiple dwelling, agent or other person having control
of such dwelling, and any responsible party, or against
the dwelling in rem. Such local laws may further
authorize (1) that civil penalties may be enforced
against the person liable therefor, and that in
addition to the methods of enforcement for judgments
established in the civil practice law and rules, a lien
may be imposed against the premises and the rents
therefrom; (2) that such civil penalties may be
enforced against the dwelling by the imposition of a
lien against the rents therefrom.
c. Such local laws may also authorize that all liens upon
rents, whether authorized by state or local law, may be
satisfied without further judicial proceedings by the
collection of rents due or to become due.
5. Whenever a provision of any local law, ordinance, resolution
or regulation is more restrictive in a requirement for
height, area or use, such local law, ordinance, resolution
or regulation shall govern and take precedence over any
lesser requirements of this chapter. When, however, the
provisions of this chapter impose more restrictive
requirements, the provisions of this chapter shall govern.
6. A local law, ordinance, resolution or regulation shall not
prohibit in any class A multiple dwelling erected after
April eighteenth, nineteen hundred twenty-nine, in
compliance with the provisions of this chapter, the use of
wood for sleepers, grounds, nailing blocks, underflooring or
finish flooring or, within apartments, doors with their
assemblies, interior trim and assemblies of exterior
windows, interior finish, closet fixtures, kitchen fixtures,
shelving, cupboards, cabinets or wardrobes.
7. Except as provided in subdivisions four and five, a local
law, ordinance, rule or regulation shall not modify or
dispense with any provision of this chapter.
8. Wherever the word "city" occurs in this chapter, it shall be
construed as though followed by the words "or town or
village to which this chapter is applicable." The words
"charter," "ordinance," "resolution," "regulation,"
"building code," "department of health," "department of
water supply," "fire department," "department," "board,"
"city engineer," "corporation counsel," "city treasury," or
"fire limits," shall be construed as if followed by the
words "or corresponding authority of any city, town or
village to which this chapter is applicable and in which the
dwelling or location referred to is situated."
9. Wherever in any statute of the state other than this
chapter, or in any local law, ordinance, resolution or
regulation, reference is made to the tenement house law in
relation to a city to which this chapter is applicable, such
reference shall be construed as applying to the provisions
of this chapter. If reference be made therein to any section
or other part of the tenement house law, such reference
shall be construed as applying to the provisions of this
chapter relating to the same subject matter as the said
section or part. If reference be made therein to a "tenement
house," such reference shall be construed as applying to a
class A multiple dwelling.
10. Wherever the date April eighteenth, nineteen hundred twenty-
nine, shall appear in this chapter such date shall be
construed as if followed by the words "or the date when this
chapter or any of its provisions became or becomes
applicable to any city, town or village outside the City of
New York."
11. Notwithstanding any other provision of this section, the
following enumerated articles, sections and subdivisions of
sections of this chapter shall not apply to the construction
or alteration of multiple dwellings for which an application
for a permit is made to the department after December sixth,
nineteen hundred sixty-nine in a city having a population of
one million or more which adopts or has adopted local laws,
ordinances, resolutions or regulations providing protection
from fire hazards and making provision for escape from fire
in the construction and alteration of multiple dwellings and
in other respects as protective as local law seventy-six of
the laws of the city of New York for nineteen hundred sixty-
eight and covering the same subject matter as the following:
subdivisions twenty-five, twenty-seven, twenty-eight, thirty-
five-c, thirty-six and thirty-nine of section four,
subdivision three of section twenty-eight, sections thirty-
six, thirty-seven, fifty, fifty-one, fifty-two, fifty-three,
fifty-five, sixty, sixty-one, sixty-seven, subdivisions one,
two, four and five of section seventy-five, article four,
article five, article five-A, article six and article seven-
B; except that after December sixth, nineteen hundred sixty-
nine where a multiple dwelling erected prior to December
sixth, nineteen hundred sixty-nine is altered, or a building
erected prior to December sixth, nineteen hundred sixty-nine
is converted to a multiple dwelling pursuant to a permit
applied for to the department having jurisdiction, the
foregoing articles, sections and subdivisions of sections
shall remain applicable where a local law of such city
authorizes such alteration or conversion to be made, at the
option of the owner, either in accordance with the
requirements of the building law and regulations in effect
in such city prior to December sixth, nineteen hundred sixty-
eight or the requirements of the building law and
regulations in effect after such date, and the owner elects
to comply with the requirements of the building law and
regulations in effect prior to December sixth, nineteen
hundred sixty-eight.
Sec. 4. Definitions.
Certain words and terms when used in this chapter, unless the
context or subject matter requires otherwise, are defined as
follows:
1. Wherever the word or words "occupied," "is occupied," "used"
or "is used" appear, such word or words shall be construed
as if followed by the words "or is intended, arranged or
designed to be used or occupied."
2. The word "shall" is always mandatory.
3. The term "department" shall mean the department, bureau,
division or other agency charged with the enforcement of
this chapter.
4. A "dwelling" is any building or structure or portion thereof
which is occupied in whole or in part as the home, residence
or sleeping place of one or more human beings.
5. A "family" is either a person occupying a dwelling and
maintaining a household, with not more than four boarders,
roomers or lodgers, or two or more persons occupying a
dwelling, living together and maintaining a common
household, with not more than four boarders, roomers or
lodgers. A "boarder," "roomer" or "lodger" residing with a
family shall mean a person living within the household who
pays a consideration for such residence and does not occupy
such space within the household as an incident of employment
therein.
6. A "private dwelling" is any building or structure designed
and occupied exclusively for residence purposes by not more
than two families.
A building designed for and occupied exclusively by one
family is a "single-family private dwelling. "
A building designed for and occupied exclusively by two
families is a "two-family private dwelling. "
Private dwellings shall also be deemed to include a series
of one-family or two-family dwelling units each of which
faces or is accessible to a legal street or public
thoroughfare provided that each such dwelling unit is
equipped as a separate dwelling unit with all essential
services, and also provided that each such unit is arranged
so that it may be approved as a legal one-family or two-
family dwelling.
7. A "multiple dwelling" is a dwelling which is either rented,
leased, let or hired out, to be occupied, or is occupied as
the residence or home of three or more families living
independently of each other. On and after July first,
nineteen hundred fifty-five, a "multiple dwelling" shall
also include residential quarters for members or personnel
of any hospital staff which are not located in any building
used primarily for hospital use provided, however, that any
building which was erected, altered or converted prior to
July first, nineteen hundred fifty-five, to be occupied by
such members or personnel or is so occupied on such date
shall not be subject to the requirements of this chapter
only so long as it continues to be so occupied provided
there are local laws applicable to such building and such
building is in compliance with such local laws. A "multiple
dwelling" shall not be deemed to include a hospital,
convent, monastery, asylum or public institution, or a
fireproof building used wholly for commercial purposes
except for not more than one janitor's apartment and not
more than one penthouse occupied by not more than two
families. For the purposes of this chapter "multiple
dwellings" are divided into two classes: "class A" and
"class B."
8. a. A "class A" multiple dwelling is a multiple
dwelling which is occupied, as a rule, for permanent
residence purposes. This class shall include tenements,
flat houses, maisonette apartments, apartment houses,
apartment hotels, bachelor apartments, studio
apartments, duplex apartments, kitchenette apartments,
garden-type maisonette dwelling projects, and all other
multiple dwellings except class B multiple dwellings.
b. A "garden-type maisonette dwelling project" is a series
of attached, detached or semi-detached dwelling units
which are provided as a group collectively with all
essential services such as, but not limited to, water
supply and house sewers, and which units are located on
a site or plot not less than twenty thousand square
feet in area under common ownership and erected under
plans filed with the department on or after April
eighteenth, nineteen hundred fifty-four, and which
units together and in their aggregate are arranged or
designed to provide three or more apartments.
9. A "class B" multiple dwelling is a multiple dwelling which
is occupied, as a rule transiently, as the more or less
temporary abode of individuals or families who are lodged
with or without meals. This class shall include hotels,
lodging houses, rooming houses, boarding houses, boarding
schools, furnished room houses, lodgings, club houses,
college and school dormitories and dwellings designed as
private dwellings but occupied by one or two families with
five or more transient boarders, roomers or lodgers in one
household.
10. A "converted dwelling" is a dwelling (a) erected before
April eighteenth, nineteen hundred twenty-nine, to be
occupied by one or two families living independently of each
other and subsequently occupied as a multiple dwelling, or
(b) a dwelling three stories or less in height erected after
April eighteenth, nineteen hundred twenty-nine, to be
occupied by one or two families living independently of each
other and subsequently occupied by not more than three
families in all, with a maximum occupancy of two families on
each floor in a two story building and one family on each
floor in a three story building, in compliance with the
provisions of article six of this chapter, including section
one hundred seventy-a of said article. A converted dwelling
occupied as a class A multiple dwelling is a class A
converted dwelling; every other converted dwelling is a
class B converted dwelling.
11. A "tenement" is any building or structure or any portion
thereof, erected before April eighteenth, nineteen hundred
twenty-nine, which is occupied, wholly or in part, as the
residence of three families or more living independently of
each other and doing their cooking upon the premises, and
includes apartment houses, flat houses and all other houses
so erected and occupied, except that a tenement shall not be
deemed to include any converted dwelling. An "old-law
tenement" is a tenement existing before April twelfth,
nineteen hundred one, and recorded as such in the department
before April eighteenth, nineteen hundred twenty-nine,
except that it shall not be deemed to include any converted
dwelling.
12. A "hotel" is an inn having thirty or more sleeping rooms.
13. A "rooming house" or a "furnished room house" is a multiple
dwelling, other than a hotel, having less than thirty
sleeping rooms and in which persons either individually or
as families are housed for hire or otherwise with or without
meals. An inn with less than thirty sleeping rooms is a
rooming house.
14. A "lodging house" is a multiple dwelling, other than a
hotel, a rooming house or a furnished room house, in which
persons are housed for hire for a single night, or for less
than a week at one time, or any part of which is let for any
person to sleep in for any term less than a week.
15. An "apartment" is that part of a multiple dwelling
consisting of one or more rooms containing at least one
bathroom and arranged to be occupied by the members of a
family, which room or rooms are separated and set apart from
all other rooms within a multiple dwelling.
16. "Single room occupancy" is the occupancy by one or two
persons of a single room, or of two or more rooms which are
joined together, separated from all other rooms within an
apartment in a multiple dwelling, so that the occupant or
occupants thereof reside separately and independently of the
other occupant or occupants of the same apartment. When a
class A multiple dwelling is used wholly or in part for
single room occupancy, it remains a class A multiple
dwelling.
17. A "public hall" is a hall, corridor or passageway within a
building but outside of all apartments and suites of private
rooms. A "public vestibule" is a corridor, not within an
apartment or suite of private rooms, providing access to a
stair or elevator and not wider than seven feet nor longer
than twice the width of the stair or elevator shafts opening
upon it. A "public room" or "public part" of a dwelling is a
space used in common by the occupants of two or more
apartments or rooms, or by persons who are not tenants, or
exclusively for mechanical equipment of such dwelling or for
storage purposes.
18. A "living room" is a room which is not a public hall, public
vestibule, public room or other public part of a dwelling.
Every room used for sleeping purposes shall be deemed a
living room. Dining bays and dinettes fifty-five square feet
or less in floor area, foyers, water-closet compartments,
bathrooms, cooking spaces less than fifty-nine square feet
in area, and halls, corridors and passageways entirely
within an apartment or suite of rooms shall not be deemed
living rooms. "Floor space" shall mean the clear area of the
floor contained within the partitions or walls enclosing any
room, space, foyer, hall or passageways of any dwelling.
19. A "dining bay," "dining recess" or "dinette" is a recess
used for dining purposes off a living room, foyer or
kitchen.
20. A "foyer" is a space within an apartment or suite of rooms
used as an entrance hall directly from a public hall.
21. A "dormitory" in a lodging house is any place used for
sleeping purposes. A "cubicle" is a small partially enclosed
sleeping space within a dormitory with or without a window
to the outer air.
22. "Premises" shall mean land and improvements or appurtenances
or any part thereof.
23. "Structure" shall mean a building or construction of any
kind.
24. "Alteration," as applied to a building or structure, shall
mean any change or rearrangement in the structural parts or
in the egress facilities of any such building or structure,
or any enlargement thereof, whether by extension on any side
or by any increase in height, or the moving of such building
or structure from one location or position to another.
25. A "fireproof multiple dwelling" is one in which the walls
and other structural members are of incombustible materials
or assemblies meeting all of the requirements of the
building code and with standard fire-resistive ratings of
not less than one of the following sets of requirements:
a. For any multiple dwelling more than one hundred feet in
height, four hours for fire walls, party walls, piers,
columns, interior structural members which carry walls,
girders carrying columns, and for exterior walls other
than panel walls; three hours for other girders, fire
partitions, floors including their beams and girders,
beams, roofs, floor fillings, and stairway enclosures;
and two hours for exterior panel walls.
b. For any multiple dwelling one hundred feet or less in
height, the provisions of preceding paragraph a and
shall apply, except that the minimum requirements shall
be three hours for exterior walls other than panel
walls, which shall be two hours; two hours for
protection of interior columns; one and one-half hours
for roofs and for floors and beams; provided, however,
that for a multiple dwelling three stories or less in
height, the requirement for all floors and the roof
shall be one hour.
26. The term "fireproof," as applied to a part or parts of a
building, means such part or parts are made of incombustible
materials with standard fire-resistive ratings not less than
those required for the corresponding part or parts of a
fireproof dwelling.
27. A "non-fireproof dwelling" is one which does not meet the
requirements for a fireproof dwelling.
28. A "frame dwelling" is a dwelling of which the exterior walls
or any structural parts of such walls are of wood. A
dwelling which would not otherwise be a frame dwelling shall
not be deemed a frame dwelling by reason of the existence on
such dwelling of frame oriel, bay or dormer windows, frame
porches not more than one story in height, or frame
extensions not more than one story in height and fifty-nine
square feet in area if such windows, porches or extensions
were erected prior to April thirteenth, nineteen hundred
forty.
29. The term "fire-retarded," as applied to a part or parts of a
building, means such part or parts are either covered with
metal lath plastered with two or more coats of mortar or
otherwise protected against fire in a manner approved by the
department with materials of standard fire-resistive ratings
of at least one hour. Fireproofing shall always be accepted
as meeting any requirement for fire-retarding.
30. "Fire-stopping" means the closing of all concealed draft
openings to form an effectual fire barrier at floors,
ceilings and roofs with brick, concrete, gypsum, asbestos,
mineral wool, rock wool, metal lath with cement or gypsum
plaster, or other approved incombustible materials.
31. A "lot" is a parcel or plot of ground which is or may be
occupied wholly or in part by a dwelling, including the
spaces occupied by accessory or other structures and any
open or unoccupied spaces thereon, but not including any
part of an abutting public street or thoroughfare.
a. A "corner lot" is a lot of which at least two adjacent
sides abut for their full length upon streets or public
places not less than forty feet in width. That portion
of a corner lot in excess of one hundred feet from any
street on which the lot abuts shall be considered an
interior lot.
An "interior lot" is a lot which is neither a corner
lot nor a through lot.
b. The "front" of a lot is that boundary line which abuts
on the street, or, if there be more than one street
abutting, on the street designated by the owner. The
"rear" of a lot is the side opposite the front.
c. The "depth" of a lot is the distance from the front of
the lot to the extreme rear line of the lot. In the
case of an irregular-shaped lot the mean depth shall be
taken.
d. A "through lot" is a lot running through from street to
street whose front and rear lines abut for their entire
lengths upon streets or open public places; provided,
however, that when either of said lines exceeds the
other in length by more than twenty per centum, that
part of the lot contiguous to the excess length of the
longer line shall be deemed an interior lot. The
department may designate which part of the longer line
is the excess in length and make any reasonable
interpretation of the part of the lot to be regarded as
contiguous to such excess.
e. Lots or portions of lots shall be deemed "back to back"
when they are on opposite sides of the same part of a
rear line common to both and the opposite street lines
on which the lots front are parallel with each other or
make an angle with each other of not more than forty-
five degrees.
32. A "rear yard" is an open space on the same lot with a
dwelling between the extreme rear line of the lot and the
extreme rear wall of the dwelling. A "side yard" is a
continuous open space on the same lot with a dwelling
between the wall of a dwelling and a line of the lot from
the street to a rear yard or rear line of a lot. A "court"
is an open space other than a side or rear yard, on the same
lot as a dwelling. A court not extending to the street or
rear yard is an "inner court". A court extending to the
street or rear yard is an "outer court".
32a "A rear yard equivalent" is an open area which may be
required on a through lot as an alternative to a required
rear yard.
33. The "curb level", for the purpose of measuring the height of
any portion of a building, is the level of the curb at the
center of the front of the building; except that where a
building faces on more than one street, the curb level is
the average of the levels of the curbs at the center of each
front. Where no curb elevation has been established the
average elevation of the final grade adjoining all exterior
walls of a building, calculated from grade elevations taken
at intervals of ten feet around the exterior walls of the
building, shall be considered the curb level, unless the
city engineer shall establish such curb level or its
equivalent.
34. A "street wall" of a building, at any level, is the wall of
the building nearest to a street line abutting the property.
35. a. The "height" of a dwelling is the vertical
distance from the curb level to the level of the
highest point of the roof beams; except that, in the
case of pitched roofs, it is the vertical distance from
the curb level to the mean height level of the gable or
roof above the vertical street wall. When no roof beams
exist or when there are structures wholly or partly
above the roof, the height shall, except as otherwise
expressly provided, be measured from the curb level to
the level of the highest point of any such structure;
except that where every part of the building is set
back more than twenty-five feet from a street line, the
height shall be measured from the average grade
elevation calculated from the final grade elevations
taken at intervals of ten feet around the exterior
walls of the building.
b. Except as otherwise provided in section two hundred
eleven, the following superstructure shall not be
considered in measuring the height of a dwelling;
parapet walls or guard railings, other superstructures
twelve feet or less in height and occupying fifteen per
centum or less of the area of the roof, elevator
enclosures thirty feet or less in height used solely
for elevator purposes, enclosures fifty feet or less in
height used solely for tanks, cooling towers or other
mechanical equipment; and, when approved by the
department, pergolas, spires, chimneys, other
ornamental treatments, roof gardens and playgrounds.
c. When on the main roof of any fireproof multiple
dwelling erected after April eighteenth, nineteen
hundred twenty-nine, in which one or more passenger
elevators are operated, a penthouse dwelling is erected
the height of which does not exceed twelve feet and the
walls of which are set back as provided in this
paragraph, the height of such multiple dwelling shall
be measured as though no such penthouse had been
erected thereon. Such penthouse walls shall be set back
from the outer face of the front parapet wall at least
five feet, from the outer face of the yard parapet wall
at least ten feet, and from the inner face of every
other parapet wall at least three feet; except that the
setback so required from any parapet wall facing any
court or yard or recess therefrom but not facing any
street may be reduced one-third for each ten per centum
by which the area of such court or yard exceeds the
required minimum area thereof at the highest level of
such parapet wall, and the setback so required from any
parapet wall facing any street may be reduced one foot
for each foot that such parapet wall is set back from
the building line established by law at the highest
level of such parapet wall, provided that in the
opinion of the department safe and sufficient passage
is provided to and from every part of the main roof.
Any penthouse wall which may be flush with the inner
face of any parapet wall may be flush with the outer
face thereof.
d. If a rear multiple dwelling is erected after April
eighteenth, nineteen hundred twenty-nine, on the same
lot as a front multiple dwelling, and the depth of the
yard of the front multiple dwelling is more than sixty
feet and the lowest point of such yard is below the
curb level and below the floor of a cellar of the front
multiple dwelling or of the lowest story thereof if
there is no cellar, the height of the rear multiple
dwelling shall be measured from such lowest point
instead of from the curb level.
36. A "story" is a space between the level of one finished floor
and the level of the next higher finished floor, or, if the
top story, of the space between the level of the highest
finished floor and the top of the highest roof beams, or, if
the first story, of the space between the level of the
finished floor and the finished ceiling immediately above.
For the purpose of measuring height by stories in multiple
dwellings erected after April eighteenth, nineteen hundred
twenty-nine, one additional story shall be added for each
twelve feet or fraction thereof that the first story exceeds
fifteen feet in height, and for each twelve feet or fraction
thereof that any story above the first story exceeds twelve
feet in height.
37. A "cellar" in a dwelling is an enclosed space having more
than one-half of its height below the curb level; except
that where every part of the building is set back more than
twenty-five feet from a street line, the height shall be
measured from the adjoining grade elevations calculated from
final grade elevations taken at intervals of ten feet around
the exterior walls of the building. A cellar shall not be
counted as a story.
38. A "basement" is a story partly below the curb level but
having at least one-half of its height above the curb level;
except that where every part of the building is set back
more than twenty-five feet from a street line, the height
shall be measured from the adjoining grade elevations
calculated from final grade elevations taken at intervals of
ten feet around the exterior walls of the building. A
basement shall be counted as a story in determining height,
except as provided in paragraph e of subdivision six of
section one hundred two.
39. A "section" of a multiple dwelling is a part thereof, other
than an apartment or suite of rooms, separated as a unit
from the rest of such dwelling by fireproof construction.
40. A "shaft" is an enclosed space extending through one or more
stories of a building connecting a series of openings
therein, or any story or stories and the roof, and includes
exterior and interior shafts whether for air, light,
elevator, dumbwaiter or any other purpose.
41. A "stair" is a flight or flights of steps together with any
landings and parts of public halls through which it is
necessary to pass in going from one level thereof to
another.
42. a. A "fire-tower" is a fireproof stair, enclosed in
fireproof walls, without access to the building from
which it affords egress other than by a fireproof self-
closing door opening on a communicating balcony or
other outside platform at each floor level.
b. A "fire-stair" is a fireproof stair, enclosed in
fireproof walls, within the body of the building which
it serves, to which access may be had only through self-
closing fireproof doors.
c. A "fire-escape" is a combination of outside balconies
and stairs providing an unobstructed means of egress
from rooms or spaces in a building.
d. A "panel wall" is a non-bearing wall in skeleton
construction erected between columns or piers and
wholly supported at each story.
43. Window dimensions shall always be taken between stop-beads
or, if there are no stop-beads, between the sides, head and
sill of the sash opening.
44. The term "owner" shall mean and include the owner or owners
of the freehold of the premises or lesser estate therein, a
mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent, or any other
person, firm or corporation, directly or indirectly in
control of a dwelling. Whenever a multiple dwelling shall
have been declared a public nuisance to any extent pursuant
to paragraph b of subdivision one of section three hundred
nine of this chapter and such declaration shall have been
filed as therein provided, the term "owner" shall be deemed
to include, in addition to those mentioned hereinabove, all
the officers, directors and persons having an interest in
more than ten per cent of the issued and outstanding stock
of the owner as herein defined, as holder or beneficial
owner thereof, if such owner be a corporation other than a
banking organization as defined in section two of the
banking law, a national banking association, a federal
savings and loan association, The Mortgage Facilities
Corporation, Savings Banks Life Insurance Fund, The Savings
Banks Retirement System, an authorized insurer as defined in
section one hundred seven of the insurance law, or a trust
company or other corporation organized under the laws of
this state all the capital stock of which is owned by at
least twenty savings banks or a subsidiary corporation all
of the capital stock of which is owned by such trust company
or other corporation.
=================================================================
ARTICLE 2
MISCELLANEOUS APPLICATION PROVISIONS
Section 8. General application of chapter
to dwellings.
9. Buildings converted or
altered.
10. Time for compliance.
11. Dwellings damaged or moved.
12. Prohibited uses.
13. Application of chapter to
existing dwellings.
14. Application of chapter to
uncompleted dwellings.
=================================================================
Sec. 8. General application of chapter to dwellings.
All the requirements of this chapter shall apply to all kinds and
classes of multiple dwellings, except where there are specific
provisions, requirements or exceptions for one or more kinds or
classes. A specific provision for one kind or class of dwelling
shall apply only to that kind or class of dwelling to which such
reference is made. Whenever a specific provision is inconsistent
with a general provision of this chapter, the specific provision
shall apply and take precedence. The department shall have power
to classify dwellings in accordance with the provisions of this
chapter.
Sec. 9. Buildings converted or altered.
1. On or after December fifteenth, nineteen hundred sixty-one,
no multiple dwelling shall be enlarged or its lot diminished
so that the yard or other unoccupied areas shall be less in
size or area than the minimum dimensions prescribed in
section twenty-six.
2. A building not a dwelling, if converted or altered after
April eighteenth, nineteen hundred twenty-nine, to a
multiple dwelling, shall thereupon become subject to all the
provisions of this chapter applicable to dwellings of like
class and kind erected after such date.
3. A dwelling of one class or kind, altered or converted after
April eighteenth, nineteen hundred twenty-nine, to another
class or kind, except as hereinafter in this section and in
articles six and seven otherwise provided, shall thereupon
become subject to all the provisions of this chapter
applicable to a building of that class or kind, erected
after such date, to which it is altered or converted.
4. No dwellings shall be altered so as to be in violation of
any provision of this chapter relating to dwellings of like
class and kind erected after April eighteenth, nineteen
hundred twenty-nine, except that it shall be sufficient for
the purposes of this section that tenements shall comply
with article seven, converted dwellings comply with article
six, and lodging houses comply with section sixty-six.
Nothing in this section shall, however, be deemed to
prohibit the conversion or alteration of any multiple
dwelling, other than a converted dwelling and a lodging
house, from a class A to a class B multiple dwelling, or
vice-versa, provided that the entire dwelling is of
fireproof construction and is made to conform to the
applicable provisions of section sixty-seven, and to all
other provisions of this chapter applicable to multiple
dwellings of like class and kind erected before April
eighteenth, nineteen hundred and twenty-nine.
5. a. Any multiple dwelling may be altered to conform
with any provision of this chapter applicable to
dwellings of like class and kind and not expressly
limited in application to dwellings erected after April
eighteenth, nineteen hundred twenty-nine; or to conform
to the provisions of this chapter relating to egress,
or to exits from apartments, in dwellings of like class
and kind erected after such date if such dwelling also
conforms or is made to conform to all the requirements
relating to stairs and public halls in dwellings
erected after such date, except that existing
dimensions of stair landings, treads and risers need
not be changed.
b. An apartment in any part of a fireproof multiple
dwelling erected before April eighteenth, nineteen
hundred twenty-nine, may be altered or subdivided and
need not conform to the requirements of paragraph a of
this section relating to stairs and public halls
provided each newly created apartment has access to a
public hall which provides horizontal egress to at
least two stairs. If both of such stairs are not
arranged and designed as required by sections two
hundred thirty-six and two hundred thirty-seven, at
least one of such stairs shall be so arranged and
designed, and the other shall be arranged and designed
as required by section two hundred thirty-nine. Both
stairs shall be protected by automatic sprinkler heads
throughout.
6. Any tenement previously converted to other uses may be
altered or reconverted to a tenement by complying with the
provisions of article seven, provided, however, that its
height and bulk were not enlarged prior to such alteration
or reconversion except as permitted by and in accordance
with the provisions of sections two hundred eleven and two
hundred twelve of this chapter.
7. In any class B multiple dwelling, except a rooming house or
lodging house, any apartment may be occupied as an apartment
in a class A multiple dwelling, provided such apartment
complies with all the requirements for apartments in class A
multiple dwellings erected after April eighteenth, nineteen
hundred twenty-nine. In any rooming house or lodging house,
one apartment may be occupied as an apartment in a class A
multiple dwelling, provided such apartment is occupied
solely by the owner, janitor, superintendent or caretaker.
8. Any apartment in any class A multiple dwelling may be
occupied for single room occupancy only if such dwelling
complies with the provisions of section two hundred forty-
eight and all other provisions of this chapter applicable to
such dwelling.
9. Excepting a frame dwelling, any dwelling three stories or
less in height erected after April eighteenth, nineteen
hundred twenty-nine as a one or two-family dwelling may be
converted to a multiple dwelling to be occupied by not more
than three families in all, with a maximum occupancy of two
families on each floor in a two story building and one
family on each floor in a three story building, provided
however that it shall be unlawful for any such dwelling
converted at any time since October fifteenth, nineteen
hundred fifty-two, to have any boarders or roomers. In each
such instance, compliance shall be required with all the
provisions of article six, including section one hundred
seventy-a of said article.
10. If any class A dwelling erected before April eighteenth,
nineteen hundred twenty-nine, is altered so as to increase
the number of living rooms by more than twenty per centum,
such dwelling, except as otherwise provided in sections two
hundred eighteen, two hundred thirty-five and two hundred
thirty-six, shall be made to conform to the requirements of
this chapter with respect to class A dwellings of like class
and kind erected after such date.
Sec. 10. Time for compliance.
All alterations required by this chapter upon dwellings erected
before its adoption by or application to any city, town or
village, in whole or in part, shall, unless specifically provided
otherwise in this chapter, be made not later than five years
after such adoption or application, or at such earlier date as
may be deemed necessary by the department in order to remove a
condition dangerous or detrimental to life or health.
Sec. 11. Dwellings damaged or moved.
1. If a multiple dwelling be damaged by fire or other cause to
the extent of two-thirds or more of its value at the time of
such damage exclusive of the value of the foundation, such
dwelling shall not be repaired or rebuilt except in
conformity with the provisions of this chapter relative to
dwellings erected after April eighteenth, nineteen hundred
twenty-nine.
2. If any non-fireproof stair in any multiple dwelling be
damaged by fire or other cause to such extent that such
stair or the first flight thereof above the entrance story
is required to be rebuilt, such stair to the extent that it
is required to be rebuilt shall be fire-retarded throughout.
3. If any dwelling be moved from one lot to another, such
dwelling shall thereupon be made to conform to all the
provisions of this chapter relative to light, ventilation,
fire protection and egress of a dwelling erected after April
eighteenth, nineteen hundred twenty-nine, but no frame
building of any kind whatsoever shall be moved so as to be
placed upon the same lot with any multiple dwelling, nor
shall any multiple dwelling be moved so as to be placed upon
the same lot with any frame building.
Sec. 12. Prohibited uses.
1. It shall be unlawful to use any multiple dwelling or any
part of the lot or premises thereof for the purpose of
prostitution or assignation of any description.
2. It shall be unlawful to keep any horse, cow, calf, swine,
rabbit, sheep, goat, chicken or duck, or any pigeon except
Antwerp or homing pigeons, in or on any multiple dwelling or
on the lot or premises thereof unless permitted by and in
accordance with local law or regulation.
3. It shall be unlawful to use any multiple dwelling or any
part of the lot or premises thereof for the keeping, storing
or handling of any combustible article or any article
dangerous or detrimental to life or health, unless a permit
is obtained for such use in conformity with provisions
prescribed by local law, and where such local law does not
exist, in conformity with provisions prescribed by the fire
department.
Sec. 13. Application of chapter to existing dwellings.
Any building erected and occupied on or before April eighteenth,
nineteen hundred twenty-nine, or thereafter, as a tenement, which
is not recorded as such in the department, shall be required to
comply with all the provisions governing dwellings of like class
or kind erected after such date. Except as otherwise expressly
required in this section and in sections nine and twenty-five,
subdivision six of section thirty-one, and sections thirty-three,
sixty-six and sixty-seven and in articles six and seven, nothing
in this chapter shall be construed to require any change in the
construction, use or occupancy of any multiple dwelling lawfully
occupied as such on April eighteenth, nineteen hundred twenty-
nine, under the provisions of all local laws, ordinances, rules
and regulations applicable thereto on such date; but should the
occupancy of any such dwelling be changed to any other kind or
class after such date, such dwelling shall be required to comply
with the provisions of section nine.
Sec. 14. Application of chapter to uncompleted dwellings.
1. The provisions of this chapter relating to multiple
dwellings erected after April eighteenth, nineteen hundred
twenty-nine, shall not apply to any multiple dwelling for
which plans were on file with the department or a permit to
commence building was issued by the department before August
ninth, nineteen hundred twenty-nine, and the entire building
shall have been completed according to the plans filed with
the department, subject to any lawful subsequent amendment
thereto, before July first, nineteen hundred forty-seven.
2. No provisions of any part of this section shall be deemed to
prohibit the amendment of any plans filed and approved
before April eighteenth, nineteen hundred twenty-nine, if
such amendment would have been lawful before such date, or
if such amendment complies with the requirements of this
chapter for alterations to buildings of like class and kind
existing before April eighteenth, nineteen hundred twenty-
nine.
3. A permit to commence building issued by the department
before April eighteenth, nineteen hundred twenty-nine, based
upon plans filed and approved for a multiple dwelling
described in subdivision one, shall be deemed to be in
compliance with section three hundred.
4. The provisions of this chapter relating to multiple
dwellings erected and occupied as such before April
eighteenth, nineteen hundred twenty-nine, shall apply to the
dwellings described in this section; except, however, that
unless otherwise expressly required in article three nothing
in this chapter shall be construed to require any change in
the plans or occupancy of any such dwelling if it be
fireproof and the plans therefore when filed were in
compliance with the provisions of all local laws,
ordinances, rules and regulations applicable thereto and in
effect on April eighteenth, nineteen hundred twenty-nine, or
were subsequently amended to comply with such provisions.
=================================================================
ARTICLE 3
MULTIPLE DWELLINGS--GENERAL PROVISIONS
Section 25. Application of article three.
TITLE 1
LIGHT AND AIR
Section 26. Height, bulk, open spaces.
28. Two or more buildings on same
lot.
29. Painting of courts and shafts.
30. Lighting and ventilation of
rooms.
31. Size of rooms.
32. Alcoves.
33. Cooking spaces.
34. Rooms in basements and
cellars.
35. Entrance doors and lights.
36. Windows and skylights for
public halls and stairs.
37. Artificial hall lighting.
TITLE 2
FIRE PROTECTION AND SAFETY
Section 50. Entrance halls.
50a Entrances: doors, locks
and intercommunication systems.
50c Rights of tenants to
operate and maintain a lobby
attendant service.
51. Shafts, elevators and
dumbwaiters.
51a Peepholes.
51b Mirrors in connection
with self-service elevators.
51c Rights of tenants to
install and maintain locks in
certain entrance doors.
52. Stairs.
53. Fire-escapes.
54. Cellar entrance.
55. Wainscoting.
56. Frame buildings and
extensions.
57. Bells; mail receptacles.
58. Incombustible materials.
59. Bakeries and fat boiling.
60. Motor vehicle storage.
61. Business uses.
62. Parapets, guard railings and
wires.
63. Sub-curb uses.
64. Lighting; gas meters; gas and
oil appliances.
65. Boiler rooms.
66. Lodging houses.
67. Hotels and certain other class
A and class B dwellings.
68. Smoke detecting devices.
TITLE 3
SANITATION AND HEALTH
Section 75. Water supply.
76. Water-closet and bath
accommodations.
77. Plumbing and drainage.
78. Repairs.
79. Heating.
80. Cleanliness.
81. Receptacles for waste matter.
82. Privacy.
83. Janitor or housekeeper.
84. Construction standards for the
control of noise.
=================================================================
Sec. 25. Application of article three.
Except as otherwise expressly provided, all the provisions of
this article shall apply to every multiple dwelling erected after
April eighteenth, nineteen hundred twenty-nine. Except as
otherwise expressly provided, only the following enumerated
sections of this article, and then only to the extent required
therein, shall apply to multiple dwellings, whether class A or
class B, erected before such date:
Sec. 28 Two or more buildings on same lot
Sec. 29 Painting of courts and shafts
Sec. 31 Size of rooms--subdivision six
Sec. 33 Cooking spaces
Sec. 35 Entrance doors and lights
Sec. 37 Artificial hall lighting
Sec. 50-a Entrances: doors, locks and intercommunication
systems
Sec. 52 Stairs
Sec. 55 Wainscoting
Sec. 56 Frame buildings and extensions
Sec. 57 Bells; mail receptacles
Sec. 58 Incombustible materials
Sec. 59 Bakeries and fat boiling
Sec. 60 Motor vehicle storage
Sec. 61 Business uses
Sec. 62 Parapets, guard railings and wires--subdivision two
Sec. 66 Lodging houses
Sec. 67 Hotels and certain other class A and B dwellings
Sec. 75 Water supply
Sec. 76 Water-closet and bath accommodations
Sec. 77 Plumbing and drainage
Sec. 78 Repairs
Sec. 79 Heating
Sec. 80 Cleanliness
Sec. 81 Receptacles for waste matter
Sec. 83 Janitor or housekeeper
TITLE 1
LIGHT AND AIR
Sec. 26. Height, bulk, open spaces.
1. Dwellings affected.
a. This section, except as may specifically be provided
otherwise in articles six and seven, shall apply to all
dwellings erected, enlarged, converted or altered
pursuant to plans filed on or after December fifteenth,
nineteen hundred sixty-one for the purpose of
regulating their height and bulk and regulating and
determining the area of yards, courts and other open
spaces of such dwellings.
b. The construction, enlargement, conversion or alteration
of any dwelling undertaken pursuant to plans filed
prior to December fifteenth, nineteen hundred sixty-one
in compliance with the provisions of sections twenty-
six, twenty-seven and twenty-eight of this chapter, as
they existed prior to the enactment of chapter ten
hundred seventy-two of the laws of nineteen hundred
sixty, effective July first, nineteen hundred sixty-one
may be commenced, continued or completed as if such
sections remained in full force and effect.
Notwithstanding the provisions of subdivision four of
section three hundred, the department shall not require
any change or modification in the height or bulk or in
the area of yards, courts and other open spaces of
dwellings to be erected or enlarged pursuant to plans
filed prior to December fifteenth, nineteen hundred
sixty-one as a condition for the reissuance of a
building permit or the renewal of an approval, except
as may otherwise be provided by local law, ordinance or
zoning ordinance.
c. Nothing in this section shall be construed to require
any change in the height, bulk, or open space of any
dwelling erected, enlarged, converted or altered
pursuant to plans filed before December fifteenth,
nineteen hundred sixty-one.
d. Notwithstanding the provisions of paragraphs a, b or c,
the provisions of this section shall apply to buildings
erected, enlarged, converted or altered pursuant to
plans filed prior to December fifteenth, nineteen
hundred sixty-one, where such compliance may be
required by local law, ordinance or zoning ordinance.
2. Definitions.
For the purpose of this section certain words are defined herein
but such definitions shall not be held to modify or affect legal
interpretations of such terms or words as used in any local law,
ordinance, rule or regulation and shall apply in addition to and
not in substitution for the provisions of section four of this
chapter.
a. "Accessory use or accessory structure": a use or structure
customarily incident to the principal use or building:
b. "Floor area": the sum of the gross horizontal areas of all
of the several floors of a dwelling or dwellings and
accessory structures on a lot measured from the exterior
faces of exterior walls or from the center line of party
walls, except:
(1) cellar space;
(2) attic space providing head room of less than eight
feet;
(3) space for mechanical equipment;
(4) elevator and stair bulkheads, tanks and cooling towers;
(5) open or roofed terraces, exterior balconies or porches,
uncovered steps and open porte-cocheres or breezeways
abutting or adjoining grade entrances;
(6) accessory space used for off-street motor vehicle
parking or storage.
c. "Floor area ratio (FAR)": A figure determined by dividing
the floor area of the several floors of all buildings on a
lot by the area of such lot.
d. "Corner lot": A lot bounded entirely by streets or a lot
which adjoins the point of intersections of two of more
streets and in which the interior angle formed by the
extensions of the street lines in the directions which they
take at their intersections with lot lines other than street
lines, forms an angle of one hundred thirty-five degrees or
less. In the event that any street line is a curve at its
point of intersection with a lot line other than a street
line, the tangent to the curve at that point shall be
considered the direction of the street line. The portion of
such lot subject to the regulations for corner lots is that
portion bounded by the intersecting street line and lines
parallel to and one hundred feet from each intersecting
street line. Any remaining portion of a corner lot shall be
subject to the regulations for a through lot or for an
interior lot, whichever is applicable.
e. "Tower": A dwelling or dwellings or portion thereof which
has an aggregate horizontal area of not more than forty per
centum of the area of a lot, or, for lots of less than
twenty thousand square feet, the per centum set forth in the
following table:
Area of lot Maximum percent
(in square feet) of lot coverage
10,500 or less ............................. 50%
10,501 to 11,500 ........................... 49
11,501 to 12,500 ........................... 48
12,501 to 13,500 ........................... 47
13,501 to 14,500 ........................... 46
14,501 to 15,500 ........................... 45
15,501 to 16,500 ........................... 44
16,501 to 17,500 ........................... 43
17,501 to 18,500 ........................... 42
18,501 to 19,999 ........................... 41
3. Floor area ratio (FAR). The floor area ratio (FAR) of any
dwelling or dwellings on a lot shall not exceed 12.0, except
that a fireproof class B dwelling in which six or more
passenger elevators are maintained and operated in any city
having a local zoning law, ordinance or resolution
restricting districts in such city to residential use, may
be erected in accordance with the provisions of such zoning
law, ordinance or resolution, if such class B dwelling is
erected in a district no part of which is restricted by such
zoning law, ordinance or resolution to residential uses.
4. Height. A dwelling may be erected to any height and any
number of stories so long as it does not exceed the bulk
limitations hereinafter prescribed.
5. Rear yard.
a. Except as otherwise provided in the zoning resolution
of the city of New York and except as hereinafter
provided for a corner lot, an interior lot within one
hundred feet of the point of intersection of the two
street lines intersecting at an angle of one hundred
thirty-five degrees or less, an interior lot fronting
on a block measuring less than two hundred thirty feet
in length between two intersecting streets or a through
lot, a rear yard shall be required for each dwelling
and shall extend the entire width of the lot at every
point. For dwellings occupying an entire block or a
through lot, no rear yard shall be required. When
dwellings do not exceed in area thirty-five per centum
of the plot, the department shall permit such location
of yards and courts as will promote the best possible
plot ventilation. For purposes of this paragraph a, a
block shall not be deemed less than an entire block
because a portion thereof is conveyed after
construction of such multiple dwelling or dwellings to
a city for public park purposes.
b. Except as otherwise provided in the zoning resolution
of the city of New York, the minimum depth of a
required rear yard shall be thirty feet for the first
one hundred twenty-five feet above curb level, and
fifty feet above that point. The depth of a rear yard
shall be measured at right angles from the rear lot
line to the extreme exterior rear wall of the dwelling.
The provisions of this paragraph requiring a rear yard
fifty feet in depth for portions of a building in
excess of one hundred twenty-five feet above the curb
level shall not be applied to a tower.
c. Except as otherwise provided in the zoning resolution
of the city of New York, on a corner lot no rear yard
shall be required, provided, however, every required
window shall open into either:
(1) a lawful inner or outer court; or
(2) a side or rear yard with a minimum width or depth
of thirty feet in one direction; or
(3) if such lot is less than ten thousand square feet
in area, a side yard with a minimum width of
twenty feet, or an inner space equivalent to the
area of a lawful inner court.
d. Except as otherwise provided in the zoning resolution
of the city of New York, on any through lot one hundred
ten feet or more in maximum depth from street to
street, one of the following rear yard equivalents
shall be provided:
(1) An open area with a minimum depth of sixty feet,
extending across the entire lot and linking
abutting rear yards, or if no such rear yards
exist, then an open area, with a minimum depth of
sixty feet, midway (or within five feet thereof)
between the two street lines upon which such
through lot fronts and provided further that the
provisions of paragraph b of this subdivision
shall apply above a height of one hundred and
twenty-five feet above the curb level as if such
rear yard equivalent were two adjoining rear
yards; or
(2) Two open areas, each abutting and extending along
the full length of a street line, and each with a
minimum depth of thirty feet measured from such
street line; or
(3) An open area adjoining and extending along the
full length of each side lot line, with a minimum
width of thirty feet measured from each side lot
line.
e. When the maximum depth of any interior lot owned
separately and individually from all other adjoining
tracts of land on December fifteenth, nineteen hundred
sixty-one is less than seventy feet, the required depth
of the rear yard of a dwelling on such lot for the
first one hundred twenty-five feet above curb level may
be decreased one foot for each foot by which the
maximum depth is less than seventy feet. However, any
such yard shall never be less than ten feet in depth at
any point above its lowest level.
f. Except for fireproof buildings and except as otherwise
provided in this paragraph there shall be access from a
street to the yard through a fireproof passage either
in a direct line or through a court. Such passage shall
be not less than three feet in clear width and seven
feet in height. Such passage shall not be required for
a multiple dwelling which does not exceed three stories
in height and is not occupied by more than one family
on any story or three families in all or for a dwelling
which does not exceed two stories in height and is not
occupied by more than two families on any story or four
families in all provided every required means of egress
from such dwelling leads directly to a street or to an
outer court opening upon a street. When a dwelling does
not exceed three stories in height and is not occupied
by more than two families on any story, such passage
may be of fire-retarded construction.
6. Side yard. Except as otherwise provided in the zoning
resolution of the city of New York, no side yard shall be
required. If a side yard is provided it shall in no event be
less than eight feet in width at any point. Such side yard
need not exceed thirty feet in width.
7. Courts. Except as otherwise provided in the zoning
resolution of the city of New York:
a. An inner court shall have minimum width of four inches
per foot for each one foot of height of such court, but
in no event less than fifteen feet in width at any
point. The area of such inner court shall be twice the
square of the width of the court dimension based on the
height of such court, but in no event less than three
hundred fifty square feet in area. The area of such
court need not exceed one thousand two hundred square
feet provided that the minimum horizontal distance
between any required window of a living room opening on
an inner court shall not be less than thirty feet from
any wall opposite such window. For a dwelling three
stories or less in height, an inner court may have a
minimum width of three inches for each one foot of
height of such court, but in no event less than ten
feet in width at any point. The area of such court
shall be twice the square of the required width of
court dimension based on the height of such court but
in no event less than two hundred fifty square feet in
area. An air in-take of fireproof construction shall be
provided at or near the lowest level of every inner
court of dwellings exceeding two stories in height, and
shall communicate directly with a street or yard. Such
intake shall have a vertical cross-sectional area of
not less than twenty-one square feet and a minimum
width of not less than three feet in its least
dimension, and shall be open and unobstructed
throughout, except that where the in-take is not used
as a passage or exit, gates or grilles which do not
interfere with ventilation may be installed.
b. An outer court at any given height shall have a minimum
width at least equal to twice the depth of such outer
court if such outer court is less than thirty feet
wide. Such outer court shall have a width at least
equal to its depth if such court is thirty feet or more
in width. An outer court need not exceed sixty feet in
width. Except as provided in section sixty, an outer
court on a side lot line may begin at the level of the
floor of the lowest story in which there is a living
room opening therefrom. Any outer court not on a side
lot line may begin at any level, the height of such
court to be measured from the level at which such court
begins.
7-a Lights in rear yards, side yards, front yards and courts.
The owner of every dwelling shall install and maintain in
every rear yard, side yard, front yard and court a light or
lights of at least forty watts of incandescent illumination
or equivalent illumination, in such locations as the
department may prescribe, which shall be kept burning from
sunset on each day to sunrise on the day following.
8. Level of areas adjoining living rooms. The bottom of any
yard, rear yard equivalent, court or other open area which
abuts or adjoins and gives light or ventilation to a living
room shall be at the floor level or lower of such living
room, except that:
a. If the depth of a yard exceeds the minimum required
depth by as much as one-half, the bottom of such yard
may be at any level not higher than six inches below
the window sills of any such adjoining living room and
not more than three feet above the floor of such room.
b. If the width of an outer court exceeds the minimum
required by as much as forty per centum, the bottom of
such court may be at any level permitted by paragraph a
for a yard or rear yard equivalent.
9. Permitted obstructions.
Every yard and court shall comply with all the requirements of
this section and be open and unobstructed at every point from the
lowest level to the sky except that the following shall not be
deemed to obstruct or reduce the area of otherwise lawful yards,
rear yard equivalents or courts, provided that required light and
ventilation for living rooms and required egress from the
dwelling are maintained to the satisfaction of the department:
a. Accessory off-street parking spaces, open or enclosed,
conforming to the applicable provisions of section
sixty.
b. Fire escapes erected as provided in paragraph b of
subdivision two of section fifty-three.
c. In a yard or rear yard equivalent, boiler flues or
chimneys projecting not more than three feet into such
yard and provided every such flue or chimney does not
exceed two per cent of the required area of the yard.
d. Outside stairways, fire towers, platforms or balconies
or other similar projections which extend beyond the
wall of the dwelling.
e. Enclosures of balconies or spaces erected as provided
in subdivision four of section thirty.
f. Arbors, trellises, awnings or canopies, fences, flag
poles, open steps, or breezeways.
g. Recreational or drying yard equipment except as
otherwise provided in section fifty-six.
h. Walls not exceeding eight feet in height and not roofed
or part of a structure.
i. Retaining walls to protect adjoining premises provided
such walls are not more than fifteen feet in height
measured from the curb level of the lot on which such
walls are erected, do not extend above the sill of any
required living room window on the first story facing
such a wall and do not extend more than thirty-six
inches into the required area of a yard, rear yard
equivalent or court.
j. A party wall not more than twelve inches into the
required area of a yard, or rear yard equivalent or
court.
k. Nothing in this section shall be deemed to prevent
cutting off the corners of any yard, rear yard
equivalent or court, provided the running length of the
wall at the angle of such yard or court does not exceed
seven feet.
l. In a rear yard equivalent, an enclosed passageway
connecting portions of separate buildings where such
passageway does not exceed fourteen feet in height and
fifteen feet in width measured between the outer faces
of the walls thereof.
10. Nothing contained in this section shall be deemed to prevent
the turfing over of any yard or court space or the planting
of shrubs or trees therein when approved by the department.
11. Pending actions or proceedings. Nothing contained in this
section shall affect or impair any act done, offense
committed or right accruing or accrued or acquired, or
liability, penalty, forfeiture or punishment incurred prior
to December fifteenth, nineteen hundred sixty-one, but the
same way may be enjoyed, asserted, enforced, prosecuted or
inflicted as fully and to the same extend as if this section
had not been enacted.
Sec. 28. Two or more buildings on same lot.
1. If any separate multiple dwelling is erected after April
eighteenth, nineteen hundred twenty-nine, upon the rear of a
lot which has another multiple dwelling on the front or upon
the front of a lot which has another multiple dwelling on
the rear, access shall be provided to the rear dwelling from
a street by means of an unobstructed court at least twenty
feet in width.
2. Except as otherwise provided for motor vehicle storage space
in section sixty and for dwellings erected, enlarged,
converted or altered pursuant to plans filed prior to
December fifteenth, nineteen hundred sixty-one in accordance
with the provisions of subdivision one of section twenty-
six, if any building or dwelling is placed on the rear of
the same lot with a multiple dwelling or a multiple dwelling
is placed anywhere on the same lot with another building,
there shall be left between the two buildings an open space
unoccupied from the ground up and at least forty feet in
depth, measured in the direction from one building to the
other for the first one hundred twenty-five feet above the
curb level, and eighty feet above that point. The provisions
of this subdivision requiring an open space eighty feet in
depth between portions of buildings in excess of one hundred
twenty-five feet above the curb level shall not be applied
when both such portions are towers.
3. If on the rear of a lot any such building or any portion
thereof is used for business purposes, a separate passageway
at least three feet six inches wide and seven feet high
shall be provided leading from every such open space
adjacent to such building to a street. No such passageway
shall connect with, go through or form a part of any
entrance hall or other public hall of a multiple dwelling
upon the front of the lot.
Sec. 29. Painting of courts and shafts.
The exterior surface of all walls of all courts and shafts of
multiple dwellings, except of outer courts opening on a street,
and courts having dimensions of at least fifty percent in excess
of the minimum set forth in section twenty-six, shall be of a
light-colored brick or stone, or be thoroughly whitewashed or
painted a light color by the owner and be so maintained. Such
whitewash or paint shall be renewed whenever necessary, as may be
determined and required by the department.
Sec. 30. Lighting and ventilation of rooms.
1. The provisions of this section shall apply only to multiple
dwellings erected after April eighteenth, nineteen hundred
twenty-nine, and shall apply to all such dwellings unless
otherwise expressly limited.
2. Except as in this section and in sections thirty-three,
seventy-six, one hundred fifteen, one hundred sixty, one
hundred seventy-six, two hundred, two hundred thirteen, two
hundred fifty and two hundred fifty-one otherwise expressly
provided, every room, including kitchens, water-closet
compartments and bathrooms, shall have at least one window
opening directly upon a street or upon a lawful yard, court
or space above a setback upon the same lot as that occupied
by the multiple dwelling in which such room is situated.
Every such window shall be so located as to light properly
all portions of the room.
3. No room in any apartment of three rooms or less, and no room
in any non-fireproof apartment, shall extend in depth, from
a street or yard on which it faces, more than thirty feet
without a window opening on a lawful court.
4. a. Nothing in this section or section twenty-six
shall be construed as prohibiting the windows or doors
of any room from opening on a partially-enclosed
balcony or space above a setback, provided such balcony
or space opens directly to a street or to a lawful yard
or court and the area of the front of the balcony or
space which is open to the outer air is at least equal
to seventy-five per centum of the floor surface area of
such balcony or space. Any living room thus lighted and
ventilated by windows or doors opening on such balcony
or space shall be at most thirty feet in depth measured
from the extreme outer face of the wall forming the
partial enclosure of the balcony or space. The windows
or doors providing light and ventilation for a room or
rooms opening exclusively on such a balcony or space
shall have altogether at least the area of one-tenth of
the combined floor surface of such room or rooms and
the portion of the balcony or space directly adjoining
and in front of such room or rooms.
b. On a fireproof dwelling a balcony or space above a
setback permitted under paragraph a of this subdivision
may be completely enclosed, provided the outer
enclosing wall or walls and roof are constructed of
incombustible materials and the walls are glazed with
clear plate glass or plastic equivalent and such glazed
wall area is equal to at least fifty per centum of the
area of the interior walls enclosing such balcony or
space. At least fifty per centum of the glazed area
shall be openable directly upon a street or upon a
lawful yard or court. No window shall open from any
bathroom, water-closet compartment or cooking space
upon such enclosed balcony.
c. The enclosure on any balcony or a space above a setback
shall not (1) be more than one story in height or (2)
be erected in violation of the provisions of paragraph
a of subdivision six of section one hundred two of this
chapter.
5. No multiple dwelling shall be so altered as to diminish the
light or ventilation of any room or public hall or stairs in
any way not approved by the department.
6. No window shall be required in any public room of a
fireproof multiple dwelling if such room is used solely for
storage purposes or has adequate mechanical ventilation
maintained to provide at least the number of changes of the
air volume of such room approved by the department as
necessary for the health and safety of the occupants of such
dwelling. Any fresh air supply system required by the
department for such purposes shall be provided with adequate
means for removing dust from the incoming air and with
adequate means to heat such air at least to sixty degrees
Fahrenheit.
7. No required window shall open upon any offset or recess less
than six feet in width except a window of a water-closet
compartment, bathroom, or stair or of a cooking compartment
less than fifty-nine square feet in floor surface area.
8. (a) The windows in every room, except a water-closet
compartment, bathroom, or cooking space less than fifty-
nine square feet in floor surface area, shall have a
total area at least one-tenth of the floor surface area
of such room and every window in such a room, including
a mullioned casement window, shall be at least twelve
square feet in area.
(b) All required windows shall be so constructed that at
least one-half of their required area may be opened,
except that a mullioned casement window, if otherwise
large enough to supply the window requirements of the
room, need be readily openable to the outer air only to
the extent of five and one-half square feet of its
area.
(c) Where fresh air is furnished in any room through a
mechanical ventilating unit or system which is an
integral part of the dwelling structure and capable of
introducing not less than forty cubic feet of air per
minute, the required window area in such room need be
openable only to the extent of twenty-five percent of
such window area but in no event less than five and one-
half square feet.
9. Transoms or partition sash, or louvres having a minimum area
of 144 square inches and arranged to be opened or closed,
shall be provided to private halls or to adjoining rooms to
secure through-ventilation whenever required by the
department, but no such transom or partition sash or louvre
shall be required in a room having two windows opening to
the outer air if each window is at least nine square feet in
area, or in a room having a mullioned or single window with
an aggregate area of at least eighteen square feet.
10. All windows and their assemblies in walls situated on a lot
line, except those facing on a street, shall be fireproof,
with assemblies having a fire-resistive rating of at least
three-quarters of an hour and glazed with wire glass at
least one-quarter of an inch thick. Every opening in a wall
situated on a lot line which is less than fifty feet in a
vertical direction above a non-fireproof roof of another
structure within a distance of thirty feet of the wall in
which the opening is located shall be an automatic fireproof
window.
Sec. 31. Size of rooms.
1. The provisions of this section, except subdivision six,
shall apply only to multiple dwellings erected after April
eighteenth, nineteen hundred twenty-nine, and shall apply to
all such dwellings unless otherwise expressly limited.
2. Except as in this section and in section thirty-three
otherwise expressly provided, rooms, except kitchens, water-
closet compartments and bathrooms, shall meet the following
minimum requirements as to size:
a. In each apartment in a class A multiple dwelling there
shall least one living room containing at least one
hundred thirty-two square feet of floor area.
b. Every living room, except as provided in paragraph e,
shall contain at least eighty square feet of floor
space.
c. Every room shall be at least eight feet high, the
measurements to be taken from the finished floor to the
finished underside of the ceiling beams except that as
many as four beams crossing the ceiling of be at any
basement room may be disregarded if none of them
exceeds twelve inches in width or extends below the
ceiling more than six inches.
d. Every living room shall be at least eight feet in its
least horizontal dimension, except as provided in
paragraph e and except that any number of bedrooms up
to one-half of the total number in any apartment
containing three or more bedrooms may have a least
horizontal dimension of seven feet or more.
e. A one-room apartment in a class B multiple dwelling may
be as small as sixty square feet in its floor area and
six feet in its least dimension.
3. The requirements of this section with respect to the least
horizontal dimension and the minimum area of rooms shall not
be applicable to any room in a fireproof class B multiple
dwelling occupied as a lodging house in which every
apartment, other than one apartment occupied exclusively by
a person or persons engaged in the maintenance or
supervision of such multiple dwelling, consists of one room
and in which every such room opens directly upon a public
hall.
4. Dining bays with a floor area of fifty-five square feet or
less shall not be considered as rooms or alcoves and shall
not be required to comply with the provisions of section
thirty-two. Every such dining bay shall be equipped with
such appropriate permanent fittings as may be required by
the department and shall be provided with at least one
window opening directly upon a street or upon a lawful yard,
court or space above a setback. Such window shall have an
area of at least one-eighth of the floor area of such dining
bay.
5. A portion of any apartment used as an entrance hall to such
apartment may be designated as a foyer. Such a foyer shall
not be considered a room if the department shall so permit
and if either
a. Its floor area does not exceed ten per centum of the
total floor area of such apartment, or
b. Every room in such apartment exceeds in area the
minimum required area of such room by more than twenty
per centum and the floor area of such foyer does not
exceed twenty per centum of the floor area of such
apartment.
6. a. Except in class B dwellings and dormitories, no
room shall be occupied for sleeping purposes by more
than two adults, considering children of twelve years
of age or more as adults and two children between the
ages of two and eleven years inclusive as the
equivalent of one adult. Children under two years of
age need not be considered as occupants. No room shall
have sleeping accommodations for more persons than can
be accommodated in conformity with the provisions of
this subdivision.
b. Every room in every dwelling, whenever erected, shall
have at least four hundred cubic feet of air for each
adult, and two hundred cubic feet of air for each child
occupying such room. Except in class B dwellings,
dormitories and except as otherwise provided in
subdivision two of section thirty-one or in section
thirty-four for dwellings erected after April
eighteenth, nineteen hundred twenty-nine, and in
sections one hundred seventy-four, two hundred fourteen
and two hundred sixteen, every living room shall (1)
contain sixty square feet or more of floor space, (2)
be at least six feet wide at its narrowest part, (3) if
a sleeping room, contain seventy-five square feet or
more of floor space and (4) if less than seventy-five
square feet in floor area, shall not be occupied by
more than one adult.
Sec. 32. Alcoves.
1. Every alcove, except a lawful cooking space, opening from
any room in any multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine, shall be
separately lighted and ventilated as provided for other
rooms in section thirty. It shall have a floor area of at
least seventy square feet, a least horizontal dimension of
at least seven feet and an opening at least sixty square
feet in area into the room which it adjoins.
2. Except for cubicles permitted in lodging houses, no part of
any room in any multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine, shall be enclosed
or subdivided at any time, wholly or in part, by a curtain,
portiere, fixed or movable partition or other contrivance or
device, unless each such enclosure or subdivision shall
contain a separate window as required for a room by section
thirty and a floor space of at least seventy square feet.
Sec. 33. Cooking spaces.
1. Every space which is intended, arranged or designed for
cooking or warming of food shall be either a kitchen or
kitchenette. The term "kitchen" shall mean such a space
fifty-nine square feet or more in floor area. The term
"kitchenette" shall mean such a space which is less than
fifty-nine square feet in floor area.
2. Every cooking space shall be deemed to be in compliance with
this section if such space was accepted or approved by the
department on or before July first, nineteen hundred fifty-
two, and is maintained in accordance with such acceptance or
approval.
3. Except as provided in sections sixty-one and sixty-seven and
subdivision two of this section, a kitchen or kitchenette
shall be unlawful unless it is constructed, arranged and
maintained in compliance with the following applicable
provisions:
a. The ceiling and walls, exclusive of doors, of all
kitchenettes shall be fire-retarded or in lieu thereof
such space shall be equipped with one or more sprinkler
heads to fuse at a temperature not higher than two
hundred twelve degrees Fahrenheit. Such heads shall be
connected to the water supply through a pipe of at
least one-half inch inside diameter.
b. In every kitchen and kitchenette, all combustible
material immediately underneath or within one foot of
any apparatus used for cooking or warming of food shall
be fire-retarded or covered with asbestos at least
three-sixteenths of an inch in thickness and twenty-six
gauge metal or with fire-resistive material of
equivalent rating, except where such apparatus is
installed in accordance with requirements established
by the department in conformity with generally accepted
safety standards for such apparatus. There shall always
be at least two feet of clear space above any exposed
cooking surface of such apparatus.
c. Every kitchenette constructed after July first,
nineteen hundred forty-nine, shall be provided with a
window opening upon a street or upon a yard, court,
shaft, or upon any space above a setback. Such window
shall be at least one foot wide, have a total area of
at least three square feet and be at least ten per
centum of the superficial floor area of such
kitchenette. In lieu of such window, such kitchenette
may be provided with mechanical ventilation to provide
at least six changes per hour of the air volume of such
kitchenette or, when such kitchenette is on the top
story, may have a skylight at least one foot wide with
a total area of at least four square feet or one-eighth
of the area of the kitchenette, whichever is greater,
and shall have ventilating openings of at least one-
half of the area of the skylight.
d. Every kitchenette constructed after July first,
nineteen hundred forty-nine, may be equipped with a
door or doors, provided the lower portion of each such
door has a metal grille containing at least forty-eight
square inches of clear openings or, in lieu of such a
grille, there are two clear open spaces, each of at
least twenty-four square inches, one between the bottom
of the door and the floor, and the other between the
top of each such door and the head jamb.
e. Every kitchen and kitchenette shall be provided with
gas or electricity or both, and shall be equipped for
artificial lighting.
Sec. 34. Rooms in basements and cellars.
1. In any multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, every room in a cellar or
basement shall have a permit as provided in subdivision five
of section three hundred and, except as provided in
subdivision six of this section, shall comply with the
following conditions:
a. Such rooms shall be everywhere at least eight feet high
from the floor to the ceiling, except that in a
basement room as many as four beams twelve inches or
less in width and extending six inches or less below
the ceiling may be disregarded.
b. Except as otherwise provided in paragraph f, the
ceiling of every such room in the front part of the
dwelling, or in an apartment or suite extending to the
front part, shall be at every point of such room at
least four feet six inches above the curb level
directly in front of such point on the street in front
of the dwelling; and the ceiling of every other such
room, unless the yard of the dwelling is sixty feet or
more in depth or extends to a street along its entire
width, shall be at every point of such room at least
two feet above the curb level directly in front of such
point on the street in front of the dwelling. Every
yard or court upon which any such cellar or basement
room or apartment opens shall, conform to the
requirements of subdivision eight of section twenty-
six. Every such room, except as otherwise provided in
paragraphs e and f, shall be an integral part of an
apartment or suite containing at least one room with a
window opening directly upon a street or yard. Except
as provided in paragraphs e and f, and if the yard of
such a dwelling is less than sixty feet in depth there
shall be not more than one apartment or suite in any
cellar therein and any such apartment or suite shall
contain not more than five rooms, shall be supplied
with water closet and bath accommodations, and shall
not open upon any court less than five feet in width.
Every part of such an apartment or suite shall either
be within twenty-five feet of the inner surface of the
front or rear wall of the dwelling or have a window
opening upon a court of at least the dimensions
prescribed in section twenty-six but never less than
ten feet wide.
c. Every such cellar or basement room shall have access to
a water-closet constructed and arranged as prescribed
in section seventy-six.
d. Every such room shall have a window or windows
complying with the requirements of section thirty. The
aggregate area of windows in each such room, except as
provided in paragraph f, shall be at least one-eighth
of the horizontal area of the room. Each such window
shall be constructed so that the upper half of its area
can be opened, and shall open upon a street, court or
yard. The underside of the top stop-bead of each such
window shall be within twelve inches of the ceiling.
One window in each such room shall have an area of at
least twelve square feet.
e. In addition to a janitor's apartment three rooms or
less may also be provided in the cellar of such a
dwelling exclusively for the use of persons regularly
and continuously employed in the maintenance of such
dwelling. Every such room shall be completely separated
from any other room or private hall and shall comply
with all the provisions respecting a janitor's
apartment except those relating to water-closet and
bath, but there shall be at least one water-closet and
bath accessible from each such room without passing
through a janitor's apartment. No other rooms in such a
cellar shall be occupied for living or sleeping
purposes, except as permitted in paragraphs b and f.
Whenever a janitor's apartment in the cellar of such a
dwelling, or a room therein, is expressly excepted from
a requirement in any provision of this chapter, such
exception shall apply also to any cellar room lawfully
occupied as in this paragraph provided.
f. (1) When the lot of such a dwelling abuts upon
two or more streets and the difference in level
between the highest and the lowest points of the
curbs adjoining the lot is more than ten feet, a
room below the highest curb point may be used
for living purposes provided it opens upon a
street or upon a lawful court or yard which
connects directly with a street or, if the floor
of such room is not more than twelve feet below
the highest curb point, upon an interior court
with a least dimension of not less than thirty
feet if such court is situated on a lot line,
and otherwise with a least dimension not less
than fifty feet. Every such room shall be at
least nine feet high from finished floor to
finished ceiling. When any such room or an
apartment containing it faces a street, the
ceiling of the room at every point shall be at
least four feet six inches above the curb level
of such street directly in front of such point.
For the purpose of determining the required
dimensions of a court or yard of any dwelling
subject to the provisions of this sub-paragraph,
the height of such dwelling shall be measured
from the lowest point of such court or yard.
(2) When the lot of such a multiple dwelling does
not run through from street to street and there
is a difference in level exceeding twenty feet
between the highest point of the curb in front
of the dwelling and the lowest point of the curb
on a street directly in the rear of the dwelling
which street is within one hundred twenty-five
feet of the rear line of the lot, a room below
the level of the highest point of the curb in
front of the dwelling may be used for living
purposes provided such room opens upon a yard or
a court adjoining a yard. The floor of any such
room shall be at least six inches above the
level of every part of every yard and court upon
which such room opens and of the curb on the
street in the rear of such dwelling and also of
all intervening ground between the rear street
and the rear lot line. Every such room shall be
at least nine feet high from finished floor to
finished ceiling. The required dimensions of a
yard, or of a court adjoining a yard, on which
such a room opens in any dwelling subject to the
provisions of this sub-paragraph, shall be
determined by the height of such dwelling
measured from the lowest point of such yard or
court.
(3) In any portion of a multiple dwelling arranged
for living purposes below the curb level under
authority of either of the sub-paragraphs above
there shall be no wood beams, wood lintels or
other wood structural members, nor shall any
wood or other inflammable material be used in
any partitions, furrings or ceilings.
2. Every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, whenever the department shall
deem it necessary, shall have all walls below the ground
level and all cellar or lower floors damp-proofed and water-
proofed. Such damp-proofing and water-proofing shall run
throughout the cellar or other lowest floor and through and
up the walls as high as the ground level.
3. Every cellar and basement in every multiple dwelling shall
be properly lighted and ventilated to the satisfaction of
the department.
4. In every multiple dwelling the cellar walls and ceilings,
except in rooms occupied as provided in paragraph f of
subdivision one or in subdivision six, shall either be
constructed of light-colored material or be thoroughly
whitewashed or painted a light color by the owner, and shall
be so maintained. Such whitewash or paint shall be renewed
whenever necessary, as may be determined and required by the
department.
5. Notwithstanding any provisions of this section or of
subdivision five of section three hundred, an apartment or
room in a cellar which was occupied for living purposes at
any time on or after October first, nineteen hundred fifty-
two may thereafter continue to be occupied for such purposes
until July first, nineteen hundred sixty-seven, in
accordance with the conditions imposed by subdivision five
of section two hundred sixteen.
6. An apartment in a cellar or basement of any multiple
dwelling may be used for living purposes provided all of the
following conditions are complied with:
a. Such apartment has at least one half of its height and
all of its window surfaces above every part of an
"adequate adjacent space." Such "adequate adjacent
space" shall be open to the sky, shall be properly
drained to the satisfaction of the department, and
shall be a continuous surface area outside the dwelling
not less than thirty feet in its least dimension and
abutting at same level, or directly below, every part
of the exterior walls of such apartment and of every
other apartment on the same floor. Such "adequate
adjacent space" shall include only space which is
located on the same lot or plot as the dwelling or on a
street or public place or space.
b. Every living room of such apartment is everywhere at
least eight feet high from the floor to the ceiling in
dwellings erected after July first, nineteen hundred
fifty-seven, and seven feet in dwellings erected prior
thereto.
c. All parts of the exterior walls of the dwelling which
are below ground level and on the same floor as such
apartment or above such floor are dampproof to the
satisfaction of the department and the floor of such
apartment is dampproof and waterproof.
d. The yard and every court of the dwelling containing
such apartment are adequately drained to the
satisfaction of the department.
e. If any part of the apartment is below the "adequate
adjacent space" referred to in paragraph a of this
subdivision, all ceilings, walls and partitions of such
apartment are fire-retarded or the rooms and spaces
within such apartment are protected by a sprinkler
system to the satisfaction of the department.
f. Such apartment and every part of the floor on which it
is situated meet all of the requirements which would be
in effect for such floor if none of the rooms thereon
were used for living purposes.
g. Such apartment complies with all of the requirements
for apartments in the same dwelling which are not in a
cellar or basement.
h. The floor on which such apartment is situated, if a
cellar, shall nevertheless be counted as a story for
the purpose of all requirements except those relating
to the height of the dwelling.
Sec. 35. Entrance doors and lights.
In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, every door giving access to an
entrance hall from outside the dwelling shall contain at least
five square feet of glazed surface. The width of every such door
shall be at least seventy-five per centum of the required clear
width of such entrance hall as provided in section fifty, except
that when a series of such entrance doors is provided their
aggregate clear width shall not be less than seventy-five per
centum of the required width of the entrance hall and the clear
width of each of the doors separately shall be at least two feet
six inches. Such a door opening upon a street or a court
extending to a street may be of wood. Such a door opening upon a
yard or upon a court not extending to a street shall be
fireproof.
The owner of every multiple dwelling shall install and maintain a
light or lights at or near the outside of the front entrance-way
of the building which shall in the aggregate provide not less
than fifty watts incandescent illumination for a building with a
frontage up to twenty-two feet and one hundred watts incandescent
illumination for a building with a frontage in excess of twenty-
two feet, or equivalent illumination and shall be kept burning
from sunset every day to sunrise on the day following. In the
case of a multiple dwelling with a frontage in excess of twenty-
two feet, the front entrance doors of which have a combined width
in excess of five feet, there shall be at least two lights, one
at each side of the entrance way, with an aggregate illumination
of one hundred fifty watts or equivalent illumination. In
enforcing this provision the department shall permit owners to
determine for themselves the actual location, design and nature
of the installation of such light or lights to meet practical,
aesthetic and other considerations, so long as the minimum level
of illumination is maintained.
Sec. 36. Windows and skylights for public halls and stairs.
1. In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, one at least of the required
windows provided to light each public hall or part thereof
shall be at least two feet six inches wide and five feet
high. Every required window in such a hall shall open upon a
street, court, yard or space above a setback. On the top
story of such a dwelling a ventilating skylight of the same
dimensions shall be accepted in lieu of a window for that
story.
2. In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, there shall be in the roof,
directly over each required stair, fire-stair and fire-
tower, a ventilating skylight provided with ventilators
having a minimum opening of forty square inches or with
fixed or movable louvres. The roof of every such skylight
shall be glazed with plain glass and equipped with suitable
wire screens above and below. The glazed area of every such
skylight shall be at least twenty square feet, except that
in a class A dwelling or section thereof two stories or less
in height and occupied by not more than two families on each
story and in dwellings three stories in height erected
pursuant to plans filed with the department on or after May
first, nineteen hundred fifty-nine and occupied by not more
than one family on each story, the glazed area of such a
skylight need be only nine square feet. In lieu of a
skylight a window of the same area as prescribed in
subdivision one may be provided. If such a window is used in
lieu of a skylight, fixed louvres having a minimum opening
of forty square inches shall also be installed in or
directly adjacent to such window.
3. When any stair, fire-stair or fire-tower in such a dwelling
terminates at the level of a setback of an outer wall and
such setback consists of a terrace at least four feet in
width, measured between the inside of the parapet wall and
the wall of the building, and at least ten feet in length,
measured parallel to the wall of the building, there may be
provided in lieu of such a skylight a fire-proof door and
assembly with the door self-closing giving access from such
stair, fire-stair or fire-tower to such terrace. Such door
shall have a panel at least five square feet in area glazed
with wire glass and shall be equipped with fixed or movable
louvres with an opening of at least forty square inches.
Sec. 37. Artificial hall lighting.
1. In every multiple dwelling the owner shall provide a light
or lights, each of at least sixty watts incandescent or
twenty watts cool white fluorescent or equivalent
illumination, for every vestibule and entrance hall in every
public hall, stair, fire-stair and fire-tower on every
floor. Said light or lights shall be located as prescribed
by the department, but, in every stair, fire-stair or fire-
tower, shall be so located that every part thereof shall be
lighted.
2. Except as provided in subdivision three, every such light
shall be turned on by the owner at sunset every day and
shall not be turned off by the owner until the following
sunrise. Every such light shall be kept burning daily from
sunset until sunrise, but if it becomes extinguished and
remains so without the knowledge or consent of the owner he
shall not be liable. The burden shall be upon the owner to
show that the light became and remained extinguished without
his knowledge or consent.
3. Every light in every fire-stair and fire-tower at every
story, and in every stair and public hall at every story
where there is no window opening to the outer air, shall be
kept burning continuously except that this provision shall
not apply to public halls lighted as provided in subdivision
eleven of section two hundred seventeen.
4. When the natural light in any public hall in a multiple
dwelling is not sufficient to permit a person to read the
names on a mail box or other receptacle for mail, the owner
shall install a lighting fixture directly over such mail box
or receptacle and maintain it in serviceable condition, so
that a light may be turned on at any time for the
convenience of tenants or the mail carrier.
TITLE 2
FIRE PROTECTION AND SAFETY
Sec. 50. Entrance halls.
Every entrance hall in every multiple dwelling erected after
April eighteenth, nineteen hundred twenty-nine, shall be at least
four feet in clear width from the entrance to the first stair,
and beyond that shall be at least three feet eight inches in
clear width. If such an entrance hall is the only entrance to
more than one flight of stairs, the required width of such hall
shall be increased in every part, for each such additional flight
of stairs, by one-half the width required for one flight of
stairs.
Sec. 50-a. Entrances: doors, locks and intercommunication
systems.
1. Every entrance from the street, passageway, court, yard,
cellar, or similar entrance to a class A multiple dwelling
erected or converted after January first, nineteen hundred
sixty-eight, except an entrance leading to the main entrance
hall or lobby which main entrance hall or lobby is equipped
with one or more automatic self-locking doors, shall be
equipped with automatic self-closing and self-locking doors
and such doors shall be locked at all times except when an
attendant shall actually be on duty. Every entrance from the
roof to such a dwelling shall be equipped with a self-
closing door which shall not be self-locking and which shall
be fastened on the inside with movable bolts, hooks or a
lock which does not require a key to open from inside the
dwelling.
2. Every class A multiple dwelling erected or converted after
January first, nineteen hundred sixty-eight containing eight
or more apartments shall also be equipped with an
intercommunication system. Such intercommunication system
shall be located at an automatic self-locking door giving
public access to the main entrance hall or lobby of said
multiple dwelling and shall consist of a device or devices
for voice communication between the occupant of each
apartment and a person outside said door to the main
entrance hall or lobby and to permit such apartment occupant
to release the locking mechanism of said door from the
apartment.
3. On or after January first, nineteen hundred sixty-nine,
every class A multiple dwelling erected or converted prior
to January first, nineteen hundred sixty-eight, shall be
equipped with automatic self-closing and self-locking doors,
which doors shall be kept locked except when an attendant
shall actually be on duty, and with the intercommunication
system described in paragraph two of this section, provided
that tenants occupying a majority of all the apartments
within the structure comprising the multiple dwelling
affected request or consent in writing to the installation
of such doors and intercommunication system on forms which
shall be prescribed by the department, except that in the
event a majority of tenants in occupancy request or consent
on or after January first, nineteen hundred sixty-eight, to
the installation of such doors or intercommunication system
such installation shall be started within ninety days, but
need not be completed until six months after the owner's
receipt of requests or consents by a majority of the
tenants, except that in any such multiple dwelling owned or
operated by a municipal housing authority organized pursuant
to article thirteen of the public housing law, such
installation need not be completed until one year after the
owner's receipt of requests or consents by a majority of the
tenants. If the dwelling is subject to regulation and
control of its residential rents pursuant to the local
emergency housing rent control act, the local city housing
rent agency shall upon the filing of executed forms
containing the required requests or consents, prescribe the
terms under which the costs of providing such doors and
intercommunication systems may be recovered by the owner
from the tenants. In any multiple dwelling built pursuant to
the provisions of the redevelopment companies law in which
residential rents are limited by contract, the costs of
providing such doors and intercommunication systems may be
recovered by the owner from the tenants. The terms under
which such costs may be recovered shall be the same as those
prescribed by the local city housing rent agency in the city
in which the multiple dwelling is located for dwellings
subject to regulation and control of rent pursuant to the
local emergency housing rent control act. Such costs shall
not be deemed to be "rent" as that term is limited and
defined in the contract.
4. All such self-closing and self-locking doors, and
intercommunication systems shall be of a type approved by
the department and by such other department as may be
prescribed by law and shall be installed and maintained in a
manner prescribed by the department and by such other
department.
5. Every owner who shall fail to install and maintain the
equipment required by this section, in the manner prescribed
by the department, and by such other department as may be
prescribed by law, and any person who shall wilfully
destroy, damage, or jam or otherwise interfere with the
proper operation of, or remove, without justification, such
equipment or any part thereof shall be guilty of a
misdemeanor as provided in subdivision one of section three
hundred four of the multiple dwelling law and shall be
punishable as provided therein.
Sec. 50-c. Rights of tenants to operate and maintain a lobby
attendant service.
1. Tenants of every class A multiple dwelling containing eight
or more apartments shall be entitled to maintain and operate
a lobby attendant service for such multiple dwelling at any
time or times when an attendant hired or furnished by the
owner thereof shall not be on duty. Such lobby attendants so
maintained by such tenants shall be engaged solely for
security purposes and shall perform no acts or duties other
than those which shall be directly related to the safety and
security of occupants and visitors to such building while in
and about the public portions thereof and no owner shall
unreasonably hinder, interfere with, obstruct or prohibit
the maintenance and operation of such service, provided that
each attendant so engaged by tenants shall at all times when
on duty be stationed at and remain in the entrance halls or
public lobbies of the building adjacent to the main entrance
thereto, and provided further that no owner of such building
shall be in any manner liable or responsible for any injury
to any such attendant or for any damage or injury arising
out of or resulting from any act or omission of any such
attendant or for the payment of any wages or other
compensation to such attendants. The lobby attendants
furnished, operated or maintained by tenants pursuant to
this section may consist of or include tenants or other
occupants of the multiple dwelling and may include either
volunteer or paid personnel or a combination thereof.
2. Any agent, owner or other person who shall unreasonably
interfere, hinder, obstruct or prohibit the installation,
maintenance and operation of any such lobby attendant or
shall unreasonably hinder or interfere with the performance
of the duties of such lobby attendant engaged pursuant to
this section, shall be guilty of a violation with a maximum
fine not to exceed fifty dollars.
Sec. 51. Shafts, elevators and dumbwaiters.
1. Every shaft constructed after April eighteenth, nineteen
hundred twenty-nine, in any multiple dwelling shall be
enclosed on all sides with fireproof walls and shall have
fireproof doors and assemblies at all openings, with the
doors self-closing. Dumbwaiter shafts, except those
adjoining public halls, may be constructed with walls of
gypsum plaster blocks approved by the department, at least
two inches thick if solid and at least three inches thick if
hollow.
2. All dumbwaiter doors constructed after such date shall be
fastened by an interior lock in the shaft operated and
controlled from a central point in the cellar or lowest
story if there be no cellar.
3. The doors of every elevator shaft constructed after such
date shall be provided with an automatic device approved by
the department to prevent the normal operation of the
elevator unless the hoistway door at which the car is
standing is closed and locked, or unless all hoistway doors
are locked in a closed position. Such doors may have a
vision panel of wire glass not exceeding one square foot in
area.
4. Every elevator installed after such date shall be equipped
with a gate with an automatic device approved by the
department to prevent the normal operation of such elevator
unless such gate is closed.
5. When any elevator or dumbwaiter constructed after such date
opens into more than one stair, elevator vestibule or other
public hall on any floor, such elevator or dumbwaiter shall
be placed in a separate shaft. Not more than three elevators
or two dumbwaiters shall ever be placed in the same shaft.
6. Every dwelling erected after such date which exceeds six
stories or sixty feet in height shall be equipped with one
or more passenger elevators, operative at all times, at
least one of which shall be accessible to every apartment
above the entrance story.
7. In every multiple dwelling, elevator shafts, not previously
enclosed to the satisfaction of the department, shall be
enclosed with fireproof walls and shall have fireproof doors
and assemblies, with the doors self-closing.
Sec. 51-a. Peepholes.
In every multiple dwelling the owner shall provide and maintain a
peephole in the entrance door of each housing unit. Such peephole
shall be located, as prescribed by the department, but shall be
so located as to enable a person in such housing unit to view
from the inside of the entrance door any person immediately
outside of the entrance door to such housing unit. The provisions
of this section shall not apply to hotels or apartment hotels or
to college or school dormitories.
Sec. 51-b. Mirrors in connection with self-service elevators.
In all multiple dwellings in which there are one or more self-
service passenger elevators, there shall, pursuant to such
regulations as the department shall prescribe, be affixed and
maintained in each such elevator a mirror which will enable
persons prior to entering into such elevator to view the inside
thereof to determine whether any person is in such elevator.
Sec. 51-c. Rights of tenants to install and maintain locks in
certain entrance doors.
Every tenant of a multiple dwelling, except a tenant of a
multiple dwelling under the supervision and control of a
municipal housing authority, occupied by him, except as a hotel
or motel, or college or school dormitory, shall have the right to
install and maintain or cause to be installed and maintained in
the entrance door of his particular housing unit in such multiple
dwelling, a lock, separate and apart from any lock installed and
maintained by the owner of such multiple dwelling, not more than
three inches in circumference, as an ordinary incident to his
tenancy, provided that a duplicate key to such lock shall be
supplied to the landlord or his agent upon his request; and every
provision of any lease hereafter made or entered into which
reserves or provides for the payment by such tenant of any
additional rent, bonus, fee or other charge or any other thing of
value for the right or privilege of installing and/or maintaining
any such lock, shall be deemed to be void as against public
policy and wholly unenforceable.
Sec. 52. Stairs.
1. In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, every interior stair, fire-
stair and fire-tower and every exterior stair in connection
with any dwelling altered or erected after January first,
nineteen hundred fifty-one, shall be provided with proper
balustrades or railings and all such interior and exterior
stairs shall be kept in good repair and free from any
encumbrance. Every such stair, fire-stair and fire-tower
more than three feet eight inches wide shall be provided
with a handrail on each side.
2. The upper surface of every balustrade or railing placed in
any stair after April eighteenth, nineteen hundred twenty-
nine, shall be at least two feet six inches and at most two
feet eight inches above the front edge of the stair treads,
and at any stair landing shall be at least two feet eight
inches and at most three feet above the level of such
landing.
3. The treads and risers of every stair, fire-stair and fire-
tower constructed after April eighteenth, nineteen hundred
twenty-nine, in any multiple dwelling shall be of uniform
height and width in any one flight. Each tread, exclusive of
nosing, shall be not less than nine and one-half inches
wide; each riser shall not exceed seven and three-quarters
inches in height; and the product of the number of inches in
the width of the tread and the number of inches in the
height of the riser shall be at least seventy and at most
seventy-five.
4. No winding stairs shall be constructed in any multiple
dwelling.
5. a. Except as otherwise provided in paragraph b of
this subdivision, every stair constructed after April
eighteenth, nineteen hundred twenty-nine, leading to a
cellar or basement from the first story above shall be
entirely enclosed with fireproof walls and be provided
with fireproof doors and assemblies at both top and
bottom, with the doors self-closing; except that, in a
non-fireproof multiple dwelling erected before such
date, where such a stair is permitted such enclosing
walls may be fire-retarded.
b. When the first floor or a part thereof, in a fireproof
multiple dwelling, is used for business purposes, a
stair leading to a cellar or basement from such
business space shall be enclosed in fireproof walls
having a fire-resistive rating of at least three hours
and be provided with a fireproof door and assembly at
the bottom, with the door self-closing. No opening
shall be permitted between such business space and the
remainder of the dwelling.
6. The department shall have the power to make supplementary
regulations relating to fire-towers.
7. In every multiple dwelling erected under plans filed with
the department after January first, nineteen hundred sixty,
on every story above the entrance story every door opening
into such stair shall be so hung and arranged that in
opening and when opened it shall at no point reduce the
clear and unobstructed required width of the stair or stair
landing.
8. The provisions of this section shall not apply to a stair
within an apartment provided that each level of the
apartment is provided with required means of egress
complying with the provisions of this article.
Sec. 53. Fire-escapes.
Every fire-escape erected after April eighteenth, nineteen
hundred twenty-nine, shall be located, arranged, constructed and
maintained in accordance with the following provisions:
1. Access to a fire-escape shall be from a living room or
private hall in each apartment or suite of rooms at each
story above the entrance story, and such access shall not
include any window of a stairhall.
a. Such room or private hall shall be an integral part of
such apartment or suite of rooms and accessible to
every room thereof without passing through a public
hall.
b. When one or more living rooms of any apartment are
rented to boarders or lodgers, every such room shall be
directly accessible to a fire-escape without passing
through a public hall, and for separately occupied
living rooms access to fire-escapes shall be direct
from such rooms without passing through a public hall
or any other separately occupied room, except as may be
permitted for dormitories in section sixty-six.
c. Access to any fire-escape shall not be obstructed by
sinks or kitchen fixtures or in any other way. Iron
bars, grilles, gates, or other obstructing devices on
any window giving access to fire-escapes or to a
required secondary means of egress shall be unlawful
unless such devices are of a type approved by the board
of appeals and are installed and maintained as
prescribed by the board; provided, however, that in a
city having a population of one million or more, such
devices shall be of a type approved, installed and
maintained as prescribed by the fire commissioner, or
as previously approved and prescribed by the board of
standards and appeals of such city, except as otherwise
provided by said commissioner.
d. Every such fire-escape shall be accessible to one or
more exterior doors or windows opening from the room,
apartment, suite of rooms or other space which it
serves as means of egress, and such window or door
shall be two feet or more in clear width and two feet
six inches or more in clear height. The sill of any
such window shall be within three feet of the floor.
2. A required fire-escape may be erected in any of the
following places:
a. On a wall facing a street or yard;
b. In a court of a non-fireproof multiple dwelling to
serve an apartment or suite of rooms which does not
contain any room fronting upon a street or yard, or in
any inner court thirty-five feet or more in its least
horizontal dimension, provided the fire-escape does not
project more than four feet from the wall of the
dwelling and is directly connected at the bottom of
such court with a fireproof passageway at least three
feet wide and seven feet high leading directly to a
street unless the court itself leads to a street;
c. In any outer court eighteen feet or more in width and
thirty feet or less in length;
d. In any outer court more than eighteen feet in width the
length of which does not exceed its width by more than
seventy per centum;
e. In any outer court ten feet or more in width at every
point and situated on a lot line;
f. In any outer court seven feet or more in width at every
point which is situated on a lot line and extends from
a street to a yard;
g. In a recess on the front wall of a multiple dwelling,
provided the recess does not exceed five feet in depth,
is used solely for fire-escape purposes and has seventy-
five per centum or more of its area open to the street,
and is otherwise unenclosed and open at the top. No
such recess shall be counted as a part of the
unoccupied area of the premises or be construed as a
court unless its entire area is open to the street.
3. No fire-escape may project more than four and one-half feet
into a public highway from the lot line of the multiple
dwelling it serves. Every part of such fire-escape shall be
at least ten feet above any sidewalk directly below.
4. a. Every fire-escape shall be constructed of open
balconies and stairways of iron or stone capable of
sustaining a load of at least eighty pounds per square
foot. The use or reuse of old materials or cast iron in
the construction of fire-escapes shall be unlawful.
b. Balconies for fire-escapes shall be three feet or more
in clear width except that a party-wall balcony as
permitted by paragraph f of subdivision one of section
one hundred eighty-seven may be two feet in clear
width.
c. Every stairway shall be placed at an angle of sixty
degrees or less with flat open steps at least six
inches in width and twenty inches in length and with a
maximum rise of nine inches. The opening in any balcony
for such a stairway shall be at least twenty-one by
twenty-eight inches.
5. a. There shall be provided from the lowest balcony a
drop ladder fifteen inches in width and of sufficient
length to reach to a safe landing place beneath. Such
ladder shall be constructed, located and arranged so as
to be held in proper position at all times and, unless
properly counter-balanced, shall be placed in guides so
that it can be easily lowered.
b. The distance from the lowest balcony to the ground or
safe landing place beneath shall be not more than
sixteen feet, except that the department may permit
such lowest balcony to be up to eighteen feet above a
public sidewalk because of structural conditions in any
multiple dwelling erected before April eighteenth,
nineteen hundred twenty-nine.
c. No drop ladder shall be required where the distance
from the lowest balcony to a safe landing place beneath
is five feet or less.
6. The balcony on the top story shall be provided with a
stairway or a gooseneck ladder from such balcony to and
above the roof and securely fastened thereto, except that no
such stairway or ladder shall be required:
a. On multiple dwellings two stories or less in height
erected after April eighteenth, nineteen hundred twenty-
nine; or
b. Wherever there is a peak roof with a pitch in excess of
twenty degrees;
c. When the fire-escape is on the front of the dwelling,
in a recess on the front of the dwelling, or on an
outer court opening to a street.
7. Every fire-escape if constructed of material subject to
rusting shall be painted with two or more coats of good
paint in contrasting colors; in the case of a new fire-
escape the first coat before erection, and the second coat
after erection. Whenever a fire-escape becomes rusty, the
owner shall repaint it with two additional coats of good
paint.
8. a. Whenever a non-fireproof multiple dwelling is not
provided with sufficient means of egress in case of
fire, the department may order such additional fire-
escapes or balconies as in its judgment may be deemed
necessary.
b. The owner of a multiple dwelling shall keep and
maintain every fire-escape thereon in good order and
repair.
c. No person shall at any time place any encumbrance of
any kind before or upon any fire-escape, or place or
keep a cover of any kind over the stairway opening in a
balcony of such fire-escape. An occupant or tenant of a
multiple dwelling who shall violate or assist in the
violation of the provisions of this paragraph shall be
guilty of a misdemeanor punishable as provided in
section three hundred four.
9. No fire-escape shall be removed from or constructed on any
existing multiple dwelling without permission from the
department. No fire-escape shall be removed from any
apartment without due precaution against leaving occupants
of such apartment without adequate means of egress in case
of fire. A wire, chain cable, vertical ladder or rope fire-
escape is an unlawful means of egress. Every such fire-
escape, if required as a means of egress, shall be removed
and replaced by a system of fire-escapes constructed and
arranged as provided in this section.
10. The department shall have the power to make supplementary
regulations relating to fire-escapes.
Sec. 54. Cellar entrance.
There shall be a direct entrance to the cellar, or to the lowest
story if there be no cellar, from the outside of every multiple
dwelling erected after April eighteenth, nineteen hundred twenty-
nine, except that in non-fireproof multiple dwellings erected
after such date which are three stories or less in height and
occupied by not more than two families on any story, any stair
leading to such cellar or lowest story may be located inside the
dwelling provided it is enclosed in fireproof walls and fireproof
doors and assemblies with the doors self-closing, at both the
level of such cellar or lowest story and that of the story above.
No such outside entrance existing in any multiple dwelling on
April eighteenth, nineteen hundred twenty-nine, shall be
obstructed.
Sec. 55. Wainscoting.
1. Whenever the surface of walls, partitions or ceilings in any
apartment or suite of rooms of any non-fireproof multiple
dwelling is covered, sheathed or wainscoted wholly or in
part after April eighteenth, nineteen hundred twenty-nine,
such covering shall be backed solidly with plaster. In
fireproof multiple dwellings such covering shall be backed
solidly and continuously or filled with incombustible
material. In the case of walls and partitions in fireproof
dwellings, such backing and filling shall extend to the
fireproof floor construction and in non-fireproof dwellings
to the floor beams. All such backing and filling shall be
fire-stopped.
2. No wood wainscoting other than fireproofed wood complying
with the provisions of section fifty-eight shall be erected
in any public hall, stair or shaft of any multiple dwelling.
Sec. 56. Frame buildings and extensions.
1. Except as provided in section one hundred ninety-three and
subdivision seven of this section, no frame multiple
dwelling shall be erected and no frame dwelling not used as
a multiple dwelling on April eighteenth, nineteen hundred
twenty-nine, shall be altered or converted to such use or
occupancy.
2. No existing frame multiple dwelling shall be increased in
height nor shall it be altered to permit a greater occupancy
on any story than provided for on April eighteenth, nineteen
hundred twenty-nine; except that, if the walls of such a
frame dwelling are faced with brick veneer or with another
material or combination of materials having a fire resistive
rating of at least one hour, and the entrance story thereof
is occupied by not more than one family, such entrance story
may be altered so that it may be occupied by not more than
two families.
3. No frame building of any kind whatsoever shall be placed or
built upon the same lot with any multiple dwelling.
4. No multiple dwelling shall be placed or built upon the same
lot with any frame building.
5. No frame multiple dwelling, no wooden structure of any kind
or class on the same lot with any frame dwelling or with any
multiple dwelling, and no other building on the same lot
with any frame dwelling, shall be altered or converted so as
to be enlarged, extended or increased in height or bulk or
in the number of rooms, apartments or dwelling units
therein; except that:
a. An extension seventy square feet or less in ground area
the side walls of which are of frame and brick filled
or of masonry construction may be added to any existing
frame multiple dwelling if used solely for bathrooms or
waterclosets; and
b. An extension constructed with fireproof walls may be
made to a frame building if the first story of such
extension is used solely for business not prohibited by
any local law or ordinance, or if such extension
contains not more than one living room on any story. No
yard or court shall be diminished by such extension so
that its area or least dimension is less than required
by this chapter for a yard or court of a multiple
dwelling erected after April eighteenth, nineteen
hundred twenty-nine.
6. None used as a store or other non-residential use to no more
than one additional dwelling unit; provided, however, that:
(a) such space has been vacant for at least one year, and
(b) such space has a minimum of three hundred square feet of
floor area, and (c) the conversion must be for a class "A"
use, and (d) said unit shall contain a cooking space and a
complete bathroom, and (e) all walls and ceilings of the new
dwelling unit shall be fire-retarded with one hour rated
fire-retarding materials, and (f) the height and bulk of the
dwelling shall not be increased, and (g) the dwelling will
be in full compliance with this chapter and other related
and local ordinances, except that the owner of said dwelling
shall be entitled to consideration for variances permitted
in subdivision one and subparagraph five of paragraph a of
subdivision two of section three hundred ten of this chapter
for multiple dwellings and buildings existing prior to
November first, nineteen hundred forty-nine.
Sec. 57. Bells; mail receptacles.
1. Whenever bells are installed at the entrance to any multiple
dwelling or at any door of an individual apartment in a
multiple dwelling, they shall be kept in good working order.
2. Whenever the owner of a multiple dwelling has not arranged
for mail to be delivered to occupants thereof by himself,
his agent or employees, arrangements shall be made for the
delivery of such mail in conformity with regulations of the
post office department.
Sec. 58. Incombustible materials.
Except as may be specifically provided otherwise in this chapter,
all required incombustible materials, including fireproofed wood,
shall be capable of withstanding successfully standard fire tests
as prescribed by the building code. In the absence of any such
prescribed requirements, the department shall have the power to
make supplementary regulations relative to standard fire tests
for incombustible materials.
Sec. 59. Bakeries and fat boiling.
1. It shall be unlawful to construct or maintain a bakery or a
place of business where fat is boiled in any non-fireproof
multiple dwelling or upon the lot on which such dwelling is
situated, unless the ceiling, side walls and all exposed
iron or wooden beams, girders and columns within the said
bakery or business place where fat is boiled, are covered
with fireproof materials.
2. There shall be no door, window, dumbwaiter shaft or other
opening between such a bakery or business place where fat is
boiled and any other part of the dwelling, except that:
a. There may be access to the public parts of the dwelling
from any bakery maintained therein if the product of
such bakery is consumed exclusively within such
dwelling.
b. In a fireproof hotel where a retail bakery is
maintained therein, there may be access to the public
parts of the hotel, provided the door openings leading
thereto from such bakery and the door assemblies are
fireproof with the doors self-closing, and provided the
public parts of such bakery premises are protected by
one or more sprinkler heads.
c. In bakeries in which no fat is boiled and on the
premises of which there is no apparatus for fat
boiling, a dumbwaiter communicating between the place
where the baking is done and a bakery store above may
be maintained if entirely enclosed in a brick shaft
with walls eight inches or more in thickness, without
any openings whatever except one door opening into the
bakeshop and one into the bakery store. Every such
opening shall be provided with a fireproof door and
assembly so arranged that when one door is open, the
other is entirely closed.
3. Every part of a bakery, its plumbing, and the yards and open
spaces adjoining shall be kept in good repair, in sanitary
condition and free from rodents and vermin.
Sec. 60. Motor vehicle storage.
A space may be provided and maintained in any multiple dwelling
or upon the premises thereof, or a structure may be erected and
maintained at the rear or side thereof, for the storage of
passenger motor vehicles but only with a written permit therefor
when required by local law and in accordance with every
applicable local law, ordinance, resolution, code provision or
regulation and with the following provisions:
1. a. It shall be unlawful to sell, store, handle or
furnish gasoline, oil or other fuel, or any article,
accessory or service except storage, or to construct or
maintain repair or grease pits in any such space or
structure. The provisions of this section shall not
prevent the keeping of such gasoline, oil or other fuel
as may be contained in the tank of any such motor
vehicle, and the cleaning or washing of such motor
vehicles.
b. Such space or structure shall be used solely for the
storage of passenger motor vehicles of the occupants of
the multiple dwelling or of multiple dwellings under
common ownership, except that, in the event such space
or structure or part thereof is not used by such
occupants, it may be rented by the owner or owners of
such dwelling or dwellings to persons other than the
occupants thereof. The space which has thus been rented
shall be made available to an occupant within thirty
days after written request therefor. Except as
otherwise provided in paragraph d herein transient
parking for any period of less than one month by non-
occupants is unlawful. However, such space may be used
also for the storage of any type of mechanical or motor-
driven equipment or other accessory device or passenger
bus required for the proper maintenance of the site and
of the dwellings thereon.
c. If any of the provisions contained in paragraphs a and
b of this subdivision is violated, the department
charged with the enforcement of this chapter or the
fire department shall order and direct that no motor
vehicle may be stored or kept in such space or
structure thereafter for such period as either
department shall determine, and thereupon the permit
shall be suspended and no motor vehicle shall be stored
or kept in such space or structure for such period.
d. A city may, by local law or ordinance, or the duly
constituted planning or appeal board or commission of a
city may by granting an approval, exception or
variance, authorize transient parking for any period of
less than one month of motor vehicles in dwellings by
non-occupants in any space that is not let to an
occupant pursuant to the other provisions of this
section. Such city may require a license and impose a
fee therefor, and adopt supplementary rules,
regulations and conditions under which such parking
shall be permitted.
2. a. Every such space or structure shall be designed
and constructed to accommodate not more than two
passenger motor vehicles for each family in such
multiple dwelling.
b. Such space or structure shall have a floor area within
its enclosing walls not greater than three hundred
square feet per vehicle for each such family, including
car parking spaces and aisles.
c. Every such storage space or structure shall be
fireproof throughout, except that any extension of such
storage space or structure beyond the exterior walls of
a fireproof dwelling not exceeding one story in height
and any separate structure on the same lot as a
fireproof dwelling may be of uncombustible material
with a fire-resistive rating of at least two hours, if
such extension or separate structure complies with the
provisions of paragraph e of this subdivision.
d. When constructed within a multiple dwelling such
storage space shall be equipped with a sprinkler system
and also with a system of mechanical ventilation in no
way connected with any other ventilating system. Such
storage space shall have no opening into any other part
of the dwelling except through a fireproof vestibule.
Any such vestibule shall have a minimum superficial
floor area of fifty square feet and its maximum area
shall not exceed seventy-five square feet. It shall be
enclosed with incombustible partitions having a fire-
resistive rating of three hours. The floor and ceiling
of such vestibule shall also be of incombustible
material having a fire-resistive rating of at least
three hours. There shall be two doors to provide access
from the dwelling to the car storage space. Each such
door shall have a fire-resistive rating of one and one-
half hours and shall be provided with a device to
prevent the opening of one door until the other door is
entirely closed. One of these doors shall swing into
the vestibule from the dwelling and the other shall
swing from the vestibule into the car storage space.
The door from the vestibule to the dwelling shall be at
least twenty feet distant in a non-fireproof dwelling
or twelve feet in a fireproof dwelling from any stair
enclosure, elevator shaft, or any opening to any other
vertical shaft. Such vestibule shall also be equipped
with sprinklers and with an exhaust duct having a
minimum cross-sectional area of one hundred forty-four
square inches and shall not be connected with any other
ventilating system.
e. Such storage space may be extended beyond the exterior
walls of a fireproof dwelling without any separating
walls between its interior and exterior portion
provided that such extension is roofed over and
equipped with sprinklers throughout. Such extension
shall be open to the outer air on at least two sides
and in no event shall more than fifty percent of its
vertical surface area be enclosed in any manner. Any
such extension shall not be deemed to be a storage
space within a multiple dwelling. Any enclosed sub-
surface space beneath such an extension shall however,
comply with all the provisions of this section
applicable to storage space within a multiple dwelling.
Any portion of such extension of storage space or of a
separate structure for such storage purposes
appurtenant to a multiple dwelling which face any
dwelling within a distance of twenty feet therefrom or
which is within thirty feet of any living room window
of any dwelling shall be unpierced except for door
openings for vehicles. A separate structure for such
storage purposes appurtenant to a multiple dwelling may
adjoin such dwelling provided that the part of the wall
separating such space from the dwelling is fireproof
and unpierced, except by a fireproof vestibule as
provided in subdivision d. Such extension or separate
structure shall be adequately screened at grade level.
That part of the roof of an extension within thirty
feet of any living room window of any dwelling shall
not be used for parking or storage of motor vehicles or
the ingress thereto or egress therefrom by motor
vehicles.
f. Any such structure one story in height or any extension
of a storage space within a multiple dwelling beyond
the exterior wall of such dwelling where such extension
is one story in height, shall not be deemed an
encroachment upon a yard or its equivalent or a court.
Any such structure or extension in excess of such
height shall be deemed an encroachment thereupon.
g. In a completely enclosed storage structure or a storage
space within a multiple dwelling except for vehicle
entrance doors, all doors, windows and their assemblies
in the exterior walls of any such space or structure
accommodating more than five motor vehicles shall be
fireproof and such windows shall be either fixed
windows or automatic fire windows and glazed with wire
glass. Any door or vehicle entrance to such space or
structure accommodating more than five motor vehicles
shall be at least twenty feet distant from any door
giving access to any required entrance hall from
outside of the dwelling and shall be at least eight
feet distant from any other entrance or exit of such
dwelling. However, in such space the windows in an
exterior wall which faces the street may be of
incombustible material and be glazed with plain glass,
provided that such windows are thirty feet or more,
measured in a horizontal direction, from any opening in
the exterior wall of the dwelling.
h. Notwithstanding any other provision of this section
when such storage space or structure is designed and
constructed within or appurtenant to a converted
dwelling to accommodate not more than three motor
vehicles, (1) the ceiling and the enclosing walls may
be of materials having a fire-resistive rating of not
less than one hour and the floors shall be fireproof;
(2) only one opening shall be permitted in the
enclosure partition between the garage and the dwelling
and such opening shall be protected by a fireproof door
and assembly with the door self-closing; (3) a
sprinkler system for such space shall not be required;
and (4) in lieu of mechanical ventilation, such space
may have fixed ventilation of not less than one hundred
and forty-four square inches for each motor vehicle.
3. The agency of a city authorized by law to make rules
supplemental to laws regulating construction, maintenance,
use and area of buildings and to grant variances of the
zoning resolution shall have the power to make rules to
supplement the requirements of this section and, after
public hearing, may grant variances of local laws,
resolutions, code provisions or regulations which are more
restrictive than the provisions of this section, subject to
such conditions as, in the opinion of such agency, will best
promote health, safety and welfare and carry out the
permissive intent of this section. All owners of property
within a radius of one hundred fifty feet of the entrance or
entrance passage to such space or structure shall be duly
notified of any such public hearing and shall be given due
opportunity to be heard thereon. Nothing in this section
shall be deemed to prohibit the use of a part of such lot or
plot as a parking area for the exclusive use of the
occupants of such dwelling.
4. No parking area or space to be used for the storage of motor
vehicles upon the premises of a multiple dwelling shall
encroach upon any part of the lot or plot which is required
by any provision of this chapter to be left open and
unoccupied.
5. None of the provisions of this section shall be construed as
permitting such space or structure or part thereof to be
rented or leased for the storage or warehousing of passenger
or commercial type of motor vehicles, which are part of
stock of any person, firm or corporation engaged in the
purchase, sale or rental of such motor vehicles.
Sec. 61. Business uses.
1. Except as may be otherwise provided by any local law,
ordinance, rule or regulation, business may be conducted in
any multiple dwelling including:
a. Baking and fat-boiling as provided in section fifty-
nine,
b. Storage of passenger motor vehicles as provided in
section sixty, and
c. Any manufacturing business in which seven or more
persons are employed, or any employment agency as
defined in section one hundred seventy-one of the
general business law other than a non-profit employment
agency in a fireproof class B multiple dwelling owned
and occupied by a non-profit corporation organized for
and engaged exclusively in promoting religious,
education or philanthropic purposes, provided that
every means of egress from such a business space shall
be separate and distinct from and without means of
communication with any means of egress from the
dwelling portion of the building.
2. The number of means of egress from the portion of any
multiple dwelling where business is conducted shall be in
conformity with those provisions of the local laws,
ordinances, rules and regulations covering means of egress
from buildings in which a like business is conducted.
3. There shall be no manufacturing business conducted above the
second floor of any non-fireproof multiple dwelling.
4. Where business is conducted in any multiple dwelling erected
before April eighteenth, nineteen hundred twenty-nine, such
business space shall also comply with all the following
requirements in a manner which the department shall deem
adequate to prevent the spread of fire:
a. Within or appurtenant to such space, all pipe chases
and openings around flues shall be fire-stopped, and
such flues shall be kept in good order and repair.
b. All other openings from such space into non-fireproof
shafts or into entrance halls shall either be sealed
with fire-retarded material or equipped with a self-
closing fire-retarded door or window with fire-retarded
assemblies.
5. Where business is conducted in any non-fireproof multiple
dwelling erected after April eighteenth, nineteen hundred
twenty-nine, the walls and ceiling of such business space
shall be fire-retarded. The department may also require the
walls and ceilings of any business space in any multiple
dwelling erected before such date to be fire-retarded when
the department shall deem such requirement necessary for the
protection of the occupants.
6. If the ground story of any non-fireproof multiple dwelling
is extended for business purposes, the underside of the roof
of such extension shall be fire-retarded. If there are fire-
escapes above such extension, its roof shall be fireproof.
Sec. 62. Parapets, guard railings and wires.
1. Every open area of a roof, terrace, areaway, outside stair,
stair landing, retaining wall or porch and every stair
window of a multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine, shall be protected
in a manner approved by the department by a parapet wall or
a guard railing three feet six inches or more in height
above the level of such area, or, in the case of a stair
window, above the level of the floor adjacent thereto,
unless the department shall deem that such protection is not
necessary for safety. In any multiple dwelling where a
bulkhead door or scuttle cover opens within four feet of the
edge of the roof, that part of the roof which is immediately
adjacent to such door or cover shall be adequately
protected. Such protection shall consist of guard rails or
parapet walls extending at least three feet six inches above
the level of the roof, and shall be arranged and placed in a
manner approved by the department, but shall not be required
for such bulkhead door or scuttle cover when the bulkhead or
scuttle on such dwelling is immediately adjacent to, and
also on the same level as or on a lower level than, the roof
of a contiguous building. This subdivision shall not apply
to the open area of a roof of a garden-type maisonette
dwelling project.
2. All radio, antennae or other wires over any roof shall,
unless otherwise permitted by the department, be kept ten
feet or more above such roof, and no radio, television
antennae or other wires shall be attached to any fire escape
or to any soil or vent line extending above the roof.
Sec. 63. Sub-curb uses.
1. When any living room is below the level of the highest curb
in front of any multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine, in accordance with
the provisions of paragraph f of subdivision one of section
thirty-four, all portions of such dwelling below such level
shall be fireproof throughout except that windows therein
need not be fireproof but shall be of incombustible material
and may be glazed with plain glass.
2. Except in multiple dwellings which do not exceed eighty feet
in height measured from the lowest point of any curb on
which any part of the dwelling faces, at least one means of
egress from any apartment or suite of rooms below the level
of the highest curb in front of such a dwelling shall lead
directly to the street in front of said dwelling and at
least one such means to the yard or street in the rear of
said dwelling. Every yard in the rear of every such multiple
dwelling, regardless of the height of such dwelling, shall
at the lowest level of such yard be provided with a fire
passage in compliance with the requirements for such a
passage in paragraph f of subdivision five of section twenty-
six.
3. Notwithstanding any other provisions of this section the
department may require such additional means of egress from
the said dwelling or protection from fire as the department
may deem necessary for the safety of the occupants.
Sec. 64. Lighting; gas meters; gas and oil appliances.
1. Every multiple dwelling after July first, nineteen hundred
fifty-five, shall be adequately equipped throughout all
stories and cellars for lighting by gas or electricity, with
proper fixtures at every light outlet, including lighting
for all means of egress leading to the street, yards or
courts, and for every room, water-closet compartment,
bathroom, stair or public hall.
2. No gas meter, other than a replacement meter, installed in a
multiple dwelling after July first, nineteen hundred fifty-
five, shall be located in any boiler room or other room or
space containing a heating boiler, nor in any stair hall,
nor in any public hall above the cellar or above the lowest
story if there is no cellar, except that in any multiple
dwelling where there is an existing gas meter located in any
boiler room or other room or space containing a heating
boiler, one additional gas meter may be installed in such
room or space, provided such additional gas meter is
installed adjacent to such existing gas meter and is used in
conjunction with the supply of gas for a gas-fired heating
boiler or a gas-fired water heater used as a central source
of supply of heat or hot water for the tenants residing in
such multiple dwelling. Such additional gas meter may be
installed only upon condition that space heaters or hot
water appliances in the apartments are eliminated. For the
purposes of this subdivision, the term "gas meter" shall not
include any instrument, device or apparatus used to measure
the consumption of gas where no gas, manufactured, natural
or mixed, is contained in or flows through such instrument,
device or apparatus, provided that such instrument, device
or apparatus is approved by and installed under the
supervision of the city agency vested by law with
jurisdiction to inspect and test wiring and appliances for
electric light, heat and power and provided further that the
location of such instrument, device or apparatus is approved
by the department.
3. It shall be unlawful to place, use, or to maintain in a
condition intended, arranged or designed for use, any gas-
fired cooking appliance, laundry stove, heating stove, range
or water heater or combination of such appliances in any
room or space used for living or sleeping in any new or
existing multiple dwelling unless such room or space has a
window opening to the outer air or such gas appliance is
vented to the outer air. All automatically operated gas
appliances shall be equipped with a device which shall shut
off automatically the gas supply to the main burners when
the pilot light in such appliance is extinguished. A gas
range or the cooking portion of a gas appliance
incorporating a room heater shall not be deemed an
automatically operated gas appliance. However, burners in
gas ovens and broilers which can be turned on and off or
ignited by non-manual means shall be equipped with a device
which shall shut off automatically the gas supply to those
burners when the operation of such non-manual means fails.
All gas appliances shall be connected directly to the gas
supply by means of rigid piping or other approved connectors
or connections of incombustible materials. All such
automatically operated gas appliances and devices shall be
approved by the local agency empowered to grant the same.
4. It shall be unlawful to use, or to maintain in a condition
intended, arranged or designed for use, in any multiple
dwelling any oil-burning equipment for heating or cooking,
unless such equipment has been approved for design,
manufacture and appropriate safety and ventilating
requirements by the local board of standards and appeals;
provided, however, that in a city having a population of one
million or more, approval of such equipment for use in any
multiple dwelling shall be made by the commissioner of
buildings or the fire commissioner, as appropriate, in
accordance with local law.
5. All appliances in use after June thirtieth, nineteen hundred
fifty-five, shall conform to the provisions of subdivisions
three and four of this section except that appliances now in
use shall conform to such provisions not later than June
thirtieth, nineteen hundred fifty-six.
Sec. 65. Boiler rooms.
1. Except as hereafter provided, in every multiple dwelling
erected after April eighteenth, nineteen hundred twenty-
nine, which is four stories or more in height the boiler
shall be enclosed in a room or space constructed with
fireproof walls extending from the floor construction to the
ceiling construction, and all openings therefrom to other
portions of the dwelling shall be equipped with fireproof
doors and assemblies with the doors self-closing. However,
in all multiple dwellings, on and after January first,
nineteen hundred sixty-six, a room or space provided with a
central heating plant shall be completely enclosed with
incombustible materials having a standard fire-resistive
rating of at least one hour.
2. In such a dwelling access to a cellar or lowest story in
which a boiler is located shall not be through any boiler
room, nor shall any cellar or basement stair or any shaft be
installed within a boiler room.
3. The department shall have the power to make supplementary
regulations relating to boiler or furnace rooms.
Sec. 66. Lodging houses.
1. It shall be unlawful to occupy any lodging house unless such
dwelling conforms to the provisions of the specific sections
enumerated in section twenty-five to the extent required
therein, including the provisions of this section, and to
all other applicable provisions of this chapter.
2. a. No wood or other combustible facing shall be
permitted on the walls, partitions or ceilings of
entrance halls or other public halls or stairs, except
a flat baseboard ten inches or less in height. The
stair string, handrails, soffits, fascias, railings,
balustrades and newel posts shall be constructed of
hard incombustible material and shall be of such sizes
and secured in such manner as approved by the
department.
b. The walls and ceilings of all entrance halls, stair
halls and other public halls and stairs shall be fire-
retarded on the hall or stair side with half-inch
plaster board covered with twenty-six gauge metal or
other materials approved by the department.
c. Except partitions forming existing cubicles, flat
baseboards not more than ten inches high and door and
window assemblies not otherwise required to be fire-
retarded, all wood partitions and all combustible
coverings on walls or partitions throughout the portion
of the dwelling used for lodging-house purposes shall
be protected with incombustible material approved by
the department.
d. The cellar ceiling and the ceiling of every story shall
be fire-retarded. The department may accept an existing
ceiling if it is in good condition and plastered, or
covered with metal or with half-inch plaster board
covered with metal, or other materials approved by the
department, except that the ceiling over and the floor
beneath any furnace, stove, boiler or hot-water heater
shall be fire-retarded and such fire-retarding shall
extend for a distance of at least four feet beyond the
sides and rear and eight feet in front of such furnace,
stove or heater. Metal breechings and flues connected
to such devices shall be made secure and be protected
in conformity with regulations adopted by the
department.
e. Every window not opening to the outer air in an
entrance, stair or other public hall shall be removed,
and the opening closed and fire-retarded, except that
interior windows or similar openings in partitions
forming the enclosure of entrance, stair or other
public halls may be retained if they are used in the
operation and maintenance of the lodging house and are
protected by automatic fire windows.
f. There shall be one or more completely enclosed
compartments remote from any stairway for the storage
of mattresses, linens, brooms, mops and other
paraphernalia incidental to the occupancy and
maintenance of the lodging house, and such
paraphernalia shall be stored in no other portion of
such dwelling. The partitions forming each such
compartment shall be fire-retarded and shall be
provided with a fireproof door and door assembly with
the door self-closing. Each such compartment shall be
ventilated in accordance with regulations adopted by
the department. Any space which is used for the storage
of mattresses, in addition to conforming to the other
provisions of this section, shall be provided with a
window ten square feet or more in area, and such window
shall open upon a street or yard.
g. There shall be provided on each lodging-house story one
or more containers of metal or other hard incombustible
material, with self-closing lids, in which all scrap
and refuse of a combustible nature shall be placed
until its disposal.
h. Insecticides and other fluids containing inflammable,
volatile or combustible material shall be stored in a
completely enclosed fire-retarded room or compartment,
ventilated in accordance with regulations adopted by
the department, and only under authority of a permit
from the fire department.
3. a. In non-fireproof lodging houses there shall be in
all dormitories, entrance and other public halls,
stairs, storage rooms, cellars and other parts of the
dwelling an automatic wet-pipe sprinkler system,
installed and maintained in conformity with regulations
adopted by the department. In connection with such
sprinkler system there shall be an automatic closed-
circuit alarm system so arranged and installed as to
give warning, at a recognized central station
satisfactory to the fire department, of the closure of
any valve controlling water supply to any of the
sprinklers and of the operation of any sprinkler head.
Such alarm system shall also be so installed and
maintained that when a sprinkler operates an alarm bell
satisfactory to the fire department, eight inches in
diameter or at least capable of being heard clearly
throughout the room, will sound in each dormitory and
in the office of the lodging house, and that such alarm
system can also be operated manually. Such sprinkler
and alarm systems shall have supervisory and
maintenance service satisfactory to the department and
the fire department respectively. Any existing fire
alarm or sprinkler system which can be altered or
adapted to meet the requirements of this paragraph may
be so used instead of a completely new system.
b. In fireproof lodging houses all dormitories, entrance
and other public halls, stairs, storage rooms, cellars
and other parts of the dwelling shall either be
equipped with a combined sprinkler and fire alarm
system as required for the lodging houses provided for
in paragraph a or be equipped throughout with an
automatic, thermostatic, closed-circuit fire alarm
system. Such alarm system shall be so arranged and
installed that it can also be operated manually and
that it will give warning, at a recognized central
station satisfactory to the fire department, of the
operation of any part of the alarm system. Such alarm
system shall also be so installed and maintained as to
actuate an alarm bell satisfactory to the fire
department and at least eight inches in diameter in
each dormitory in the dwelling and in the lodging-house
office when the alarm system operates. Such alarm
system shall have supervisory and maintenance service
satisfactory to the fire department.
4. a. There shall be at least two means of unobstructed
egress from each lodging-house story, which shall be
remote from each other. The first means of egress shall
be to a street either directly or by an enclosed stair
having unobstructed, direct access thereto. If the
story is above the entrance story, the second means of
egress shall be by an outside fire-escape constructed
in accordance with the provisions of section fifty-
three or by an additional enclosed stair. Such second
means of egress shall be accessible without passing
through the first means of egress.
b. All doors opening upon entrance halls, stair halls,
other public halls or stairs or elevator, dumbwaiter or
other shafts, and the door assemblies, shall be
fireproof with the doors made self-closing by a device
approved by the department, and such doors shall not be
held open by any device whatever. All openings on the
course of a fire-escape shall be provided with such
doors and assemblies or with fireproof windows and
assemblies, with the windows self-closing and glazed
with wire glass, such doors or windows and their
assemblies to be acceptable to the department.
c. There shall be unobstructed aisles providing access to
all required means of egress in all dormitories. Main
aisles, approved as such by the department to provide
adequate approaches to the required means of egress,
shall be three feet or more in width, except that no
aisle need be more than two feet six inches wide if it
is intersected at intervals of not more than fifty feet
by crossover aisles at least three feet wide leading to
other aisles or to an approved means of egress.
d. Every required means of egress from the lodging-house
part of the dwelling shall be indicated by a sign
reading "EXIT" in red letters at least eight inches
high on a white background illuminated at all times
during the day and night by a light of at least twenty-
five watts or equivalent illumination. Such light shall
be maintained in a keyless socket. On all lodging-
house stories where doors, openings, passageways or
aisles are not visible from all portions of such
stories, and in other parts of the dwelling which may
be used in entering or leaving the lodging-house part
and in which a similar need exists, signs with easily
readable letters as least eight inches in height, and
continuously and sufficiently illuminated by artificial
light at all times when the natural light is not
sufficient to make them easily readable, shall be
maintained in conspicuous locations, indicating the
direction of travel to the nearest means of egress. At
least one such sign shall be easily visible from the
doorway of each cubicle.
e. Access from the public hall at the top story to the
roof shall be provided by means of a bulkhead or a
scuttle acceptable to the department. Every such
scuttle and the stair or ladder leading thereto shall
be located within the stair enclosure.
5. The number of persons accommodated on any story in a lodging
house shall not be greater than the sum of the following
components.
a. Twenty-two persons for each full multiple of twenty-two
inches in the smallest clear width of each means of
egress approved by the department, other than a fire-
escape.
b. Twenty persons for each lawful fire-escape accessible
from such story if it is above the entrance story.
6. Existing cubicles complying with all other provisions of
this section may be maintained, provided the top of the
enclosure of every cubicle is at least two feet from the
ceiling. Any rearrangement of existing cubicles that may be
made necessary by the provisions of this section shall be
lawful. Cubicles authorized by this section shall not be
considered rooms or alcoves but parts of the rooms in which
they are constructed.
7. The department shall cause all lodging houses to be
inspected at intervals of three months or less. All sections
and parts of every lodging house shall also be inspected by
a clerk or watchman in the employ of the owner at least once
in every two hours.
8. a. The department shall have power to make
supplementary regulations relating to fire-escapes,
protection from fire, and the installation of sprinkler
systems in lodging houses and the fire department shall
have power to make such regulations relating to fire
alarms therein.
b. Nothing in this section shall be deemed to abrogate any
powers or duties vested in the fire commissioner or the
fire department of the city of New York by chapter
nineteen of the administrative code of the said city.
Sec. 67. Hotels and certain other class A and class B dwellings.
1. It shall be unlawful to occupy any class A or class B
multiple dwelling, including a hotel, unless it conforms to
the provisions of the specific sections enumerated in
section twenty-five to the extent required therein,
including the applicable provisions of this section and all
other applicable provisions of this chapter except that the
provisions of this section shall not apply to:
a. Converted dwellings;
b. Tenements;
c. Lodging houses;
d. Class A multiple dwellings erected under plans filed
with the department after April eighteenth, nineteen
hundred twenty-nine.
2. Any such multiple dwelling, altered or erected after April
fifth, nineteen hundred forty-four, and which is required to
conform to the provisions of articles one, two, three, four,
five, eight, nine and eleven, shall not be required to
conform to the provisions of subdivisions three, six, nine
and ten of this section.
3. The walls and ceiling of every entrance hall, stair hall or
other public hall, every hall or passage not within an
apartment or suite of rooms, every dumb-waiter, elevator,
and, except as provided in paragraph d of subdivision six,
every other shaft, including stairs, connecting more than
two successive stories, shall be sealed off from every other
portion of the dwelling with fire-retarding materials
approved by the department, or, in lieu thereof, except in
the case of elevator shafts, shall be equipped with one or
more automatic sprinkler heads. Nothing contained herein
shall be deemed to exempt from enclosure an interior
required means of egress. The provisions of this subdivision
and similar requirements of section sixty-one shall not
apply to a store or space used for business on any story
where there are no sleeping rooms, when such store or space
is protected with sprinkler heads.
4. There shall be one or more completely enclosed compartments
for the storage of mattresses, furniture, paints, floor wax,
linens, brooms, mops and other such inflammable or
combustible paraphernalia incidental to the occupancy and
maintenance of the dwelling, and such paraphernalia shall be
stored in no other portion of such dwelling. Such
compartments shall be completely protected by one or more
automatic sprinkler heads. Every door from any such
compartment shall be self-closing. Closets which do not
exceed one hundred square feet in floor area may be used for
the temporary storage of such paraphernalia, except
mattresses, furniture, paints and insecticides containing
inflammable materials and are excluded from the requirements
of this subdivision.
5. All kitchens and pantries serving restaurants in such non-
fireproof dwellings shall be equipped with one or more
automatic sprinkler heads.
6. Except in fireproof class A multiple dwellings erected under
plans filed after January first, nineteen hundred twenty-
five, and which were completed before December thirty-one,
nineteen hundred thirty-three, and except as otherwise
provided in paragraph c of this subdivision, in every such
dwelling three or more stories in height there shall be from
each story at least two independent means of unobstructed
egress located remote from each other and accessible to each
room, apartment or suite.
a. The first means of egress shall be an enclosed stair
extending directly to a street, or to a yard, court or
passageway affording continuous, safe and unobstructed
access to a street, or by an enclosed stair leading to
the entrance story, which story shall have direct
access to a street. That area of the dwelling
immediately above the street level and commonly known
as the main floor, where the occupants are registered
and the usual business of the dwelling is conducted,
shall be considered a part of the entrance story; and a
required stair terminating at such main floor or its
mezzanine shall be deemed to terminate at the entrance
story. An elevator or an unenclosed escalator shall
never be accepted as a required means of egress.
b. The second means of egress shall be by an additional
enclosed stair conforming to the provisions of
paragraph a of this subdivision, a fire-stair, a fire-
tower or an outside fire-escape. In a non-fireproof
dwelling when it is necessary to pass through a stair
enclosure which may or may not be a required means of
egress to reach a required means of egress, such stair
enclosure and that part of the public hall or corridor
leading thereto from a room, apartment or suite, shall
be protected by one or more sprinkler heads; in a
fireproof dwelling only that part of the hall or
corridor leading to such stair enclosure need be so
protected.
c. Where it is impractical in such existing dwellings to
provide a second means of egress, the department may
order additional alteration to the first means of
egress and to shafts, stairs and other vertical
openings as the department may deem necessary to
safeguard the occupants of the dwelling, may require
the public halls providing access to the first means of
egress to be equipped on each story with one or more
automatic sprinkler heads, and, in non-fireproof
dwellings, may also require automatic sprinkler heads
in the stair which serves as the only means of egress.
d. Nothing in this section shall be deemed to require the
enclosure of a stair which is ornamental provided such
stair does not connect more than two stories.
e. A stair, fire-stair, fire-tower or fire-escape which is
supplementary to the egress requirements of paragraphs
a, b and c of this subdivision need not lead to the
entrance story or to a street, or to a yard or a court
which leads to a street, provided the means of egress
therefrom is approved by the department.
7. a. All doors opening from shafts, stair halls or
stairs and the door assemblies shall be fire-resistive
with the doors self-closing and without transoms or any
other opening.
b. All other doors opening upon entrance halls or other
public halls or corridors in every part of the dwelling
shall be self-closing. In non-fireproof dwellings any
existing openings in such doors, except in doors to
public toilet rooms or bathrooms, shall be closed and
sealed in such manner as to provide a fire-resistive
rating equal to the fire-resistive rating of the
remainder of the door. Except as provided in this
paragraph, any existing transoms over such doors in
such non-fireproof dwellings shall be firmly secured in
a closed position, or removed and the openings closed,
in a manner satisfactory to the department. If such
doors or transoms are glazed with plain glass, such
glass shall be removed and replaced with wire glass one-
quarter of an inch in thickness or replaced with
material approved by the department. In non-fireproof
dwellings existing transoms or ventilating louvres in
public halls or corridors, and any openings in
partitions separating sleeping rooms from public halls
or corridors to provide ventilation, need not be
replaced, closed or sealed provided such public halls
or corridors are protected by automatic sprinkler
heads. When existing ventilating louvres are located in
the lower half of any such door they may be retained
and new ventilating louvres may be installed in the
lower half of any new or existing doors provided the
openable area of every such louvre does not exceed one
hundred forty-four square inches and the bottom of the
opening is one foot or more above the finished floor of
the public hall or corridor upon which such door opens
and, in such case, no sprinkler system shall be
required.
c. Every existing interior glazed sash, window or opening,
other than a door, in any partition forming required
enclosures around stairs or shafts shall be removed and
the openings closed up and fire-retarded. Where an
existing sash provides borrowed light to a public hall
or corridor from a living room and there is no glass
panel in the door providing access to such room, such
sash shall be made stationary in a closed position and
be glazed with wire glass one-quarter inch in
thickness, or be entirely removed and the opening
closed up with incombustible material.
d. All openings which provide direct access to a fire-
escape from a public hall or corridor shall be equipped
with fireproof doors and assemblies with the door self-
closing or fireproof windows glazed with clear wire
glass. Doors providing access to fire-escapes from
public halls or corridors may be glazed with clear wire
glass.
e. It shall be unlawful to attach to or maintain on or
about any door required to be self-closing any device
which prevents the self-closing of such door.
8. a. (i) Every means of egress shall be indicated by a
sign reading "EXIT" in red letters at least eight
inches high on a white background, or vice versa,
illuminated at all times during the day and night by a
red light of at least twenty-five watts or equivalent
illumination. Such light shall be maintained in a
keyless socket. On all stories where doors, openings or
passageways giving access to any means of egress are
not visible from all portions of such stories, lighted
or reflective directional signs shall be maintained in
conspicuous locations, indicating in red on a white
background, or vice versa, the direction of travel to
the nearest means of egress. In addition to being
posted in conspicuous locations, such signs located
near the floor, giving direction to the nearest means
of egress, shall also be maintained. At least one sign
shall be visible from the doorway of each room or suite
of rooms. Existing signs and illumination may be
accepted if, in the opinion of the department, such
existing signs and illumination serve the intent and
purpose of this subdivision. Supplementary stairs, fire-
stairs, fire-towers or fire-escapes which do not lead
to the entrance story or to a street or to a yard or
court, leading to a street, shall be clearly marked
"NOT AN EXIT" in black letters at least four inches
high on a yellow background and at the termination of
each such stair, fire-stair, fire-tower or fire-escape,
there shall be a directional sign indicating the
nearest means of egress leading to a street. All signs
shall be constructed, located and illuminated in a
manner satisfactory to the department.
b. On each floor of every hotel or motel having two or
more stories where the rooms or suites of rooms are
connected by an interior hallway, there shall be posted
by each stairway, elevator or other means of egress a
printed scale floor plan of the particular story, which
shall show all means of egress, clearly labeling those
to be used in case of fire. Such signs shall be posted
in other conspicuous areas throughout the building.
Said floor plan shall be no smaller than eight inches
by ten inches and shall be posted in such a manner that
it cannot be readily removed.
9. The ceiling of the story immediately below the entrance
story shall be fire-retarded or be equipped with one or more
sprinkler heads. Any boiler or furnace room within the
dwelling used in connection with supplying heat or hot water
shall be enclosed with fire-retarded partitions and every
door opening therefrom and its assembly shall be fireproof
with the door self-closing. The ceiling of such room shall
also be fire-retarded or be equipped with one or more
sprinkler heads.
10. a. There shall be provided in the roof directly over
each stair, fire-stair, fire-tower, dumb-waiter,
elevator or similar shaft which extends to or within
one story of a roof, a ventilating metal skylight
having horizontal dimensions equal at least to seventy-
five per centum of the cross-sectional area of such
shaft. Such skylight need not, however, exceed twenty
square feet in area. Where an existing skylight is
smaller than the dimensions or area prescribed in this
paragraph, no structural change shall be required, but
a ventilating metal skylight fitting the existing
opening in the roof shall be sufficient. Every skylight
shall be glazed with plain glass in the roof of such
skylight and shall be equipped with metal screens over
and under the skylight. In lieu of a skylight a window
of the same area at the top story shall be accepted.
b. Whenever there is a flooring of solid construction at
the top of any enclosed stair, fire-stair, fire-tower,
elevator or similar shaft, openings shall be left near
the top of such shaft for ventilation. Such openings
shall provide at least two hundred eighty-eight square
inches of unobstructed ventilation and shall
communicate directly with the outer air, or be
otherwise ventilated in accordance with the provisions
of the local building code.
c. It shall be unlawful to discharge into any such shaft
any inflammable or volatile gases, liquids or other
thing or matter which would endanger life.
11. a. There shall be a fire-retarded bulkhead in the
roof over, or connecting directly by means of a public
hall with the highest portion of, every stair extending
to the highest story below the main roof. Stairs
leading to such bulkheads shall be fire-retarded as
required for other public stairs and shall have at the
top fireproof doors and assemblies with the doors self-
closing. All stairs to required bulkheads shall be
provided with a guide or handrail. A scuttle so
constructed as to be readily opened may be substituted
for a bulkhead in such dwellings two stories or less in
height. Such scuttle shall be at least twenty-one
inches in width and twenty-eight inches in length,
covered on the outside with metal and provided with a
stationary iron or steel ladder leading thereto.
b. When a dwelling has a pitched or sloping roof with a
pitch or slope of more than fifteen degrees, no
bulkhead or scuttle, or stair or ladder leading thereto
shall be required.
c. A bulkhead door or scuttle shall never be self-locking
and shall be fastened on the inside with movable
rustproof bolts, hooks, or a lock which does not
require a key to open from the inside of the dwelling.
d. Bulkheads and stairs leading thereto existing on April
fifth, nineteen hundred forty-four, shall be permitted
provided the stairs have such angle of ascent and
treads of such dimensions as may be approved by the
department.
12. In every such dwelling containing thirty or more rooms used
for living or sleeping purposes by transient occupants there
shall be a closed-circuit interior fire alarm system. Such
alarm system shall be so installed and maintained that it
can be operated manually from any story to sound an alarm or
alarms capable of being heard clearly in all parts of the
dwelling. Such alarm system shall be installed, arranged and
maintained in a manner satisfactory to the fire department.
13. When the local building code requires a standpipe system
such system shall comply with all of the applicable
requirements of such code.
14. In every such fireproof dwelling containing fifty or more
rooms used for living or sleeping purposes by transient
occupants and in every such non-fireproof dwelling
containing thirty or more such rooms, the owner shall employ
one or more watchmen or clerks whose duty it shall be to
visit every portion of the dwelling at frequent regular
intervals for the purpose of detecting fire or other sources
of danger and giving immediate and timely warning thereof to
all the occupants. There shall be provided a watchman's
clock system or other device to record the movements of such
watchman. Such system shall be installed, supervised and
maintained in a manner satisfactory to the fire department.
However, the provisions of this subdivision shall not apply
where, throughout the dwelling, a closed-circuit, automatic,
thermostatic fire-detecting system is installed which
actuates a fire alarm, or where, throughout the dwelling, an
approved-type automatic sprinkler system is installed which
actuates a fire alarm by the flow of water through such
system.
15. a. Nothing in this section shall be construed as
permitting partitions or materials which are not
fireproof in any fireproof dwelling; nor shall anything
in this section be deemed to abrogate any powers or
duties vested by law in the fire commissioner or fire
department, except that an existing sprinkler
installation, fire alarm or standpipe system which has
been approved or accepted by the department having
jurisdiction and installed before July first, nineteen
hundred forty-eight, shall, after inspection by the
said department, be deemed to be in compliance with the
requirements of this section or may be altered or
adapted to meet such requirements instead of a
completely new installation or system.
b. All automatic sprinkler heads required by this section shall
be constructed to fuse at a temperature not higher than one
hundred sixty-five degrees Fahrenheit, spaced so as to
protect the area which is required to be sprinklered, and
installed, arranged and maintained in conformity with
regulations adopted by the department.
c. For the purposes of subdivisions twelve and fourteen of this
section, the term "transient occupancy" shall mean the
occupancy of a room for living purposes by the same person
or persons for a period of ninety days or less.
Sec. 68. Smoke detecting devices.
1. This section shall apply to all multiple dwellings, whenever
constructed, provided however, that for the purposes of this
section the term "multiple dwelling" shall also include any
dwelling accommodation used as a temporary or permanent
residence located in any building owned as a condominium or
cooperative.
2. (a) The owner of every multiple dwelling to which the
provisions of this section apply shall equip each
apartment or other separate living unit in such
multiple dwelling with approved and operational smoke
detecting devices in conformity with the state fire
prevention and building code; provided, however, that
any multiple dwelling not subject to the provisions of
such code may, in the alternative, be equipped with
battery-operated smoke detecting devices of a type
accepted by the division of housing and community
renewal.
(b) In hotels and other class B multiple dwellings, and in
any portion of a class A multiple dwelling used for
single room occupancy, at least one smoke detecting
device shall be located within each room used for
sleeping purposes. In any other multiple dwelling or
portion thereof, there shall be at least one smoke
detecting device located within each apartment or
separate living unit, in an area so that it is clearly
audible in each bedroom or other room used for sleeping
purposes, with intervening doors closed; provided,
however, that no smoke detecting device be located more
than ten feet from the entrance to any bedroom or other
room used for sleeping purposes.
(c) Each smoke detecting device shall include a test device
to permit the occupant to readily determine if it is
operational.
(d) In addition to complying with the provisions of this
section, the type, location, number, and manner of
installation of smoke detecting devices shall be in
accordance with standards prescribed by the state fire
prevention and building code council.
3. (a) With respect to class A multiple dwellings, other
than any portion of any such dwelling used for single
room occupancy, and notwithstanding the provisions of
section seventy-eight or any other provision of this
chapter, or of any law or requirement, state or local,
the duties of the owner and tenant with respect to
smoke detecting devices installed pursuant to this
section shall be as provided in subdivisions four and
five of this section.
(b) With respect to a class B multiple dwelling, or any
portion of a class A multiple dwelling used for single
room occupancy, the provisions of subdivision five of
this section shall not apply, and smoke detecting
devices installed as required by this section shall be
subject to the provisions of section seventy-eight of
this chapter.
(c) The owner of every multiple dwelling shall keep such
records as the state fire prevention and building code
council shall prescribe relating to the installation
and maintenance of smoke detecting devices in the
building and make such records available to any local
code enforcement official on request.
4. In addition to initially providing and installing the smoke
detecting devices, the owner shall:
(a) replace within thirty days after the receipt of written
notice any such device which becomes inoperable within
one year of the installation of such device due to a
defect in the manufacture of such device and through no
fault of the occupant of the apartment or other unit;
(b) upon the occurrence of a vacancy, replace or properly
equip any such device which has been removed or
rendered inoperable, so as to provide operational smoke
detecting devices for any new tenant; and
(c) notify tenants in writing, individually or through
posting of a notice in a common area of the building,
of the respective duties of owners and tenants under
this section.
5. Except as provided in paragraph (b) of subdivision three of
this section, the tenant shall keep and maintain any smoke
detecting device installed pursuant to this section in good
repair and replace any such device which becomes inoperable
during his occupancy.
6. An owner need not furnish or install a smoke detecting
device where one has already been installed, provided that
(a) the type of such device and the manner of its
installation comply with the provisions of this section and
the standards prescribed by the state fire prevention and
building code council, (b) the existing device is tested and
found to be operational, and (c) the existence of such
device in lieu of an owner-furnished device is noted on the
records kept by the owner pursuant to paragraph (c) of
subdivision three of this section.
7. This section shall not apply within cities with a population
of one million or more, provided however, any local law in
such cities relating to smoke detecting devices shall
provide for the installation and maintenance of smoke
detecting devices in dwelling accommodations located in
buildings owned as condominiums or cooperatives.
TITLE 3
SANITATION AND HEALTH
Sec. 75. Water supply.
1. In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, where space is provided for
cooking there shall be in every apartment a proper sink with
running water and with a two-inch waste and trap.
2. The owner of every multiple dwelling shall provide proper
appliances to receive and distribute an adequate supply of
water, to and in every apartment or suite of rooms at all
times of the year, during all hours. Failure in the general
supply of water from the street service main shall not be
construed as a failure on the part of the owner, if suitable
appliances to receive and distribute such water have been
provided in the dwelling.
3. For dwellings three or more stories in height erected on or
after April eighteenth, nineteen hundred twenty-nine, and
for all dwellings erected after January first, nineteen
hundred fifty-one, such supply shall include both hot and
cold water at all times of the year, during all hours,
except that hot water service shall not be required by this
section in a dwelling erected before April eighteenth,
nineteen hundred twenty-nine, if the owner establishes to
the satisfaction of the department that such service was not
furnished or required before such date.
4. No multiple dwelling shall be erected unless it is connected
with a street service water main.
5. No required sink shall be placed within any water-closet
compartment or within any bathroom containing a water-
closet.
Sec. 76. Water-closet and bath accommodations.
1. General requirements. This section shall apply to all
dwellings whenever erected or converted except as herein
provided.
a. No water-closet shall be installed, kept or maintained
in any yard, court or other open space, and every water-
closet or other receptacle to receive fecal matter,
urine or sewerage, located in any such yard, court or
other open space, shall be completely removed, and the
place where they were located shall be disinfected
under the direction of the department.
b. No water-closet shall be installed, kept or maintained
in a cellar or basement unless it is provided for
lawful cellar or basement living rooms, or is
supplementary to the required water-closet
accommodations.
c. No water-closet shall open directly into any kitchen or
kitchenette in a multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine.
d. Every water-closet compartment shall be at least two
feet four inches in clear width and, except in a
general toilet or bathroom, shall be enclosed with
partitions which shall extend from the floor to the
ceiling and which shall be plastered or tiled or
covered with similar materials approved by the
department.
e. The floor of every such compartment, bathroom or
general toilet room shall be made waterproof with
material approved by the department, and such
waterproofing material shall extend six inches or more
above the floor, except at doors.
f. The use of drip trays is unlawful.
g. No plumbing fixture or water-closet shall be enclosed
wholly or in part with woodwork.
h. Every water-closet compartment, bathroom and general or
public toilet room, and every other room containing one
or more water-closets or urinals, except as
specifically provided otherwise in this section, shall
have at least one window opening upon a street or
lawful court, yard or space above a setback. Every such
window shall be at least three square feet in area and
shall be made so that half its area can be readily
opened.
i. No window shall be required when each such compartment,
bathroom or general toilet room is located on the top
story or underneath the bottom of a lawful shaft or
court and is lighted and ventilated in either case by a
skylight the roof of which contains at least three
square feet of glazed surface and is arranged to be
readily opened.
j. In lieu of a required window or skylight, it shall be
lawful to install a system of ventilation, approved for
construction and arrangement by the department, for
water-closet compartments used for the business
portions of any dwelling or for compartments containing
water-closets, bathrooms or general toilet room in any
dwelling. Such system of ventilation shall be
maintained and operated continuously to provide at
least four changes per hour of the air volume of each
such water-closet compartment, bathroom or general
toilet room daily from seven o'clock in the morning
until seven o'clock at night in any business parts of
such dwelling and from six o'clock in the morning until
midnight in all parts used for dwelling purposes.
k. Every water-closet compartment or bathroom shall be
provided with electricity and fixtures to light the
same properly.
l. In a fireproof dwelling in which two or more rooms, all
of which open directly upon the same public hall, are
occupied exclusively by persons employed by the tenants
thereof, there shall be provided for the occupants of
such rooms and accessible therefrom directly or through
such public hall, at least one water-closet compartment
for the first four such rooms or fraction thereof and
at least one additional water-closet compartment for
each additional seven such rooms or fraction thereof,
and no further water-closet accommodations for such
rooms shall be required.
m. Water-closets may be placed together in a general
toilet room they are supplementary to required water-
closet accommodations or are solely for the use of
business portions of the dwelling.
n. Except as herein provided if any living rooms in a
fireproof dwelling open directly upon a public hall
without any intervening room, foyer or passage, or if
any provided suites of two living rooms in such a
dwelling open upon a foyer giving direct access to a
public hall, only one water-closet compartment shall be
required for every three such living rooms on each
story. Every such water-closet compartment shall be
accessible to one or more of said rooms without passage
through a public hall or any bedroom.
2. Class A dwellings.
a. Every apartment in a class A dwelling, except old-law
tenements, shall be provided with a water-closet which
shall be placed in a compartment completely separated
from any other water-closet.
b. Every apartment in a class A dwelling, except old-law
tenements, shall also contain a bath, which may be in a
separate compartment or together with the water-closet
in a bathroom. There shall be access to at least one
such compartment or bathroom from every bedroom without
passing through any other bedroom.
3. Class B dwellings.
a. The requirements of paragraph n, of subdivision one of
this section shall not apply to a fireproof class B
dwelling, every living room of which, except those used
only by employees employed exclusively in the
management and maintenance of such dwelling, has direct
access to a public hall without passing through any
other room, foyer or private hall and in which water-
closet accommodations are provided in accordance with
the provisions of this subdivision.
b. In such a fireproof dwelling there shall be on each
story upon which there is any living room at least two
water-closet compartments for the first twenty such
living rooms or fraction thereof and at least one
additional water-closet compartment for each additional
fifteen such living rooms or fraction thereof, and no
further water-closet accommodations for such rooms
shall be required.
c. There shall be on each story of such fireproof
dwelling, in addition to the water-closet
accommodations required in paragraph n of subdivision
one hereof, at least one water-closet compartment for
every fifteen living rooms or fraction thereof not
having access to a water-closet compartment without
passage through a public hall or bedroom, and every
such room shall have access to such a compartment
through a public hall. If two or more such compartments
be required on any story by the provisions of this
paragraph, they may be placed in a general toilet room.
d. For every urinal supplied on any story of such
fireproof dwelling on which seventeen rooms or more are
occupied exclusively by males, one water-closet
compartment less than the number otherwise required may
be provided on such story; except that the number of
water-closet compartments on such story may not be
reduced to less than three-quarters of the number
otherwise required.
e. The water-closet compartments on each story of such a
dwelling shall be accessible from every living room on
the story. Such compartments may be placed in one or
more general toilet rooms.
f. In a non-fireproof class B dwelling there shall be at
least one water-closet compartment and one wash basin
for every seven sleeping rooms and there need not be
more than that number except that there shall be at
least one on each story. At least one such water-closet
compartment and one wash basin on each story of such
dwelling shall be accessible from every living room on
the same story.
4. Converted dwellings.
a. Every apartment in a class A converted dwelling shall
be provided with a water-closet which shall be placed
in a compartment or bathroom within each apartment
completely separated from any other water-closet. Every
such apartment shall also contain a bath or shower and
a wash basin.
b. In every class B converted dwelling there shall be at
least one water-closet compartment on any floor
containing any room used for class B occupancy and at
least one bathroom or shower room and one wash basin
for every six persons and for any remainder of less
than six persons who may lawfully occupy any room or
rooms for class B occupancy.
c. Additional required water-closets and wash basins which
are installed in order to comply with the provisions of
this paragraph whether provided separately or in
combination, shall be in a compartment separate and
apart from every bath or shower required under the
provisions of paragraph b, and each such additional
required bath or shower shall be in a compartment
separate and apart from every water-closet and wash
basin required under the provisions of paragraph b,
except that any such additional required water-closet,
bath or shower or wash basin may be included in a
single compartment containing any or all of such
facilities, if such compartment is accessible only from
or only within a room, apartment or suite of rooms and
the occupant or occupants of such room, apartment or
suite are exclusively entitled to use all such
facilities contained in such compartment.
5. Old-law tenements.
In every old-law tenement there shall be provided for the
exclusive use of each family at least one water-closet
compartment located within the dwelling. Such compartment shall
be constructed and ventilated as approved by the department but
such compartment shall be located on the same story as that on
which the apartment occupied by each such family is situated and
shall be equipped with lock and key. The provisions of this
subdivision shall not apply (a) to any dwelling which the
department of city planning certifies is in an area to be
acquired for a public improvement and for which a request for
acquisition has been submitted to the board of estimate by a
public agency; or (b) to any dwelling in an area for which an
urban renewal plan has been submitted to the planning commission,
as provided in section five hundred five of the general municipal
law, if the planning commission shall certify that compliance
with the provisions of this subdivision would be inconsistent
with the plan; or (c) for which a demolition permit has been or
shall be issued by the municipality pursuant to local law or
ordinance. The exemption provided in (a), (b), and (c) of this
subdivision shall be valid for a period of six months after the
date of the acquisition request or the date of the submission of
the urban renewal plan to the commission or the date of the
issuance of the demolition permit as the case may be. Such
exemption may be extended from time to time by the department
provided, however, that such exemption shall not extend beyond
November first, nineteen hundred sixty-five.
6. Single room occupancy.
a. Every apartment used for single room occupancy shall
have at least one bath or shower, one wash-basin and
one water-closet for each six adult persons who may
lawfully occupy the rooms in such apartment as provided
in section two hundred forty-eight, and for any
remainder of less than six persons. If additional baths
or showers or water-closets are installed within an
apartment in order to comply with the provisions of
this paragraph each water-closet shall be in an
enclosure separate and apart from every bathroom or
shower room and each bath or shower shall be in an
enclosure separate and apart from every water-closet.
b. There shall be access to each required water-closet and
bathroom without passing through any sleeping room,
except that any water-closet, wash-basin or bathroom
which connects directly with any sleeping room shall be
deemed to be available only to the occupants of such
room and shall not be included in the computations for
the required number of water-closets and bathrooms.
7. Saving clause. No change need be made in the number,
construction, arrangement, lighting or ventilation of water-
closet compartments, bathrooms or general toilet rooms in
any portion of any dwelling if the number, construction,
arrangement, lighting or ventilation of such water-closet
compartments, bathrooms or general toilet rooms was lawful
on July first, nineteen hundred sixty-one.
Sec. 77. Plumbing and drainage.
1. In every multiple dwelling all liquid or water-borne waste
from plumbing fixtures shall be conveyed by a house drain
and house sewer to a street sewer or to a combined street
storm-water main and sewer, unless no such sewers are
available. It shall be unlawful to erect a multiple dwelling
which is to be occupied by five families or more unless a
connection is made with a street sewer or combined street
storm-water main and sewer.
2. For every multiple dwelling where neither kind of sewer is
available, provision shall be made for disposing of such
waste as may be required by local law.
3. All roofs, terraces, shafts, courts, areas and yards in
every multiple dwelling shall be properly graded, drained
and connected with a street storm-water main or combined
sewer and street storm-water main so that all storm water
may pass freely into it, except that where no street storm-
water main or combined sewer and street storm-water main
exists, the department may permit the storm water from such
areas and spaces to drain into a street gutter which leads
to a natural channel or water course, or into a dry well.
When required by the department, the shafts, courts, areas
and yards shall be properly concreted. Every roof shall be
so drained that all storm water shall be conveyed therefrom
in a manner that will prevent dripping to the ground or the
causing of dampness in walls, ceilings, yards, shafts or
areas. Nothing in this section shall be deemed to prevent
the turfing over of any yard or court space or the planting
of shrubs or trees therein when approved by the department.
4. The owner of every multiple dwelling or part thereof shall
thoroughly cleanse and keep clean at all times, and in good
repair, the entire plumbing and drainage system including
every water-closet, toilet and sink and every other plumbing
fixture therein.
5. Whenever the plumbing, sewerage or drainage of any multiple
dwelling or part thereof or of the lot on which it is
situated is in the opinion of the department in a condition
or in its effect dangerous to life or health, the department
may order or cause any such plumbing, sewerage or drainage
to be purified, cleansed, disinfected, removed, altered,
repaired or improved, or, as provided in section three
hundred nine, take such other action as it may deem
necessary to remove such danger to life or health.
Sec. 78. Repairs.
1. Every multiple dwelling, including its roof or roofs, and
every part thereof and the lot upon which it is situated,
shall be kept in good repair. The owner shall be responsible
for compliance with the provisions of this section; but the
tenant also shall be liable if a violation is caused by his
own wilful act, assistance or negligence or that of any
member of his family or household or his guest. Any such
persons who shall wilfully violate or assist in violating
any provision of this section shall also jointly and
severally be subject to the civil penalties provided in
section three hundred four.
2. Whenever, the light, ventilation, or any matter or thing in
or about a multiple dwelling or part thereof, or in or about
the lot on which it is situated, is in the opinion of the
department in a condition or in its effect dangerous to life
or health, the department may order or cause any such light,
ventilation, matter or thing to be repaired or improved or,
as provided in section three hundred nine, take such other
action as it may deem necessary to remove such danger to
life or health.
Sec. 79. Heating.
1. Every multiple dwelling exceeding two stories in height and
erected after April eighteenth, nineteen hundred twenty-
nine, and every garden-type maisonette dwelling project
erected after April eighteenth, nineteen hundred fifty-four,
shall be provided with heat. On and after November first,
nineteen hundred fifty-nine, every multiple dwelling shall
be provided with heat or the equipment or facilities
therefor. During the months between October first and May
thirty-first, such heat and the equipment or facilities
shall be sufficient to maintain the minimum temperatures
required by local law, ordinance, rule or regulation, in all
portions of the dwelling used or occupied for living
purposes provided, however, that such minimum temperatures
shall be as follows: (a) sixty-eight degrees Fahrenheit
during the hours between six o'clock in the morning and ten
o'clock in the evening, whenever the outdoor temperature
falls below fifty-five degrees Fahrenheit, notwithstanding
the provisions of paragraph a of subdivision four of section
three of this chapter, and (b) at least fifty-five degrees
Fahrenheit during the hours between ten o'clock in the
evening and six o'clock in the morning, whenever the outdoor
temperature falls below forty degrees Fahrenheit. Nothing in
this section shall be deemed to relieve any owner of the
duty of providing centrally supplied or other approved
source of heat prior to November first, nineteen hundred
fifty-nine in any case where such heat is required by this
chapter or any other law, ordinance, rule or regulation to
be supplied in a dwelling prior to said date. The heating
system in dwellings used for single room occupancy shall be
in conformity with the requirements of section two hundred
forty-eight.
2. The provisions of subdivision one shall not apply to any
dwelling (a) which is located in a resort community and is
rented or occupied on a seasonal basis between April
fifteenth and October fourteenth during any calendar year
and is not occupied for living purposes during the remainder
of such year, except that occupancy of any such dwelling by
the family of a caretaker thereof or by the family of the
owner thereof during the remainder of the year shall be
permitted; or (b) which the department of city planning
certifies is in an area to be acquired for a public
improvement or for development or redevelopment and for
which (1) a request for acquisition has been submitted to
the mayor by a public agency or (2) a plan for a development
or redevelopment project has received preliminary or first
approval of the city planning commission; or (c) for which a
demolition permit has been or shall be issued by the
municipality pursuant to local law or ordinance.
3. The exemption provided in subdivisions two (b) and two (c)
of this section shall be valid for a period of six months
after the date of the approval of the slum clearance or
urban renewal plan or the date of such certification or the
date of the issuance of the demolition permit, as the case
may be, but such exemption may be extended from time to time
by the department provided, however, that such exemption
shall not extend beyond November first, nineteen hundred
sixty-one.
Sec. 80. Cleanliness.
1. The owner shall keep all and every part of a multiple
dwelling, the lot on which it is situated, and the roofs,
yards, courts, passages, areas or alleys appurtenant
thereto, clean and free from vermin, dirt, filth, garbage or
other thing or matter dangerous to life or health.
2. The owner of every multiple dwelling or part thereof shall
thoroughly cleanse and keep clean at all times, to the
satisfaction of the department, every public or service part
thereof, including every room, passage, stair, floor,
window, door, wall, ceiling, water-closet or toilet
compartment, cesspool, drain, hall and cellar in such public
or service part.
3. All carpets and rugs which are permitted in any public part
of a multiple dwelling shall be taken up and cleaned by the
owner at least once a year or as much oftener as the
department shall deem necessary.
4. The interior surfaces of walls throughout every part of
every multiple dwelling, whether in public or in tenant-
occupied parts, shall be painted or papered and the ceilings
kalsomined or painted by the owner. The walls and ceilings
shall be rekalsomined, repapered or repainted by the owner
whenever necessary to keep the said surfaces in a sanitary
condition. No wall paper shall be placed upon such a wall or
ceiling surface unless all existing wall paper shall be
first removed therefrom and such wall or ceiling thoroughly
cleaned and repaired.
5. Any tenant shall be punishable as provided in section three
hundred four for the existence of conditions in violation of
the provisions of this chapter within his apartment to the
extent that such conditions are caused by him, by members of
his family or by his guests, and are under his control; but
this provision shall not be construed to relieve the owner
of any liability or duty under this section, except where a
violation is caused and continued solely by the tenant or
those under his control.
6. Every dwelling erected after January first, nineteen hundred
forty-seven, shall be so constructed as to be rat-proof. The
agency of a city authorized by law to make rules
supplemental to laws regulating construction, maintenance,
use and area of buildings shall have the power to make rules
and regulations to supplement the requirements of this
subdivision.
Sec. 81. Receptacles for waste matter.
1. The owner of every multiple dwelling shall provide proper
and suitable conveniences or receptacles for ashes, rubbish,
garbage, refuse and other waste matter and shall arrange for
the removal of such waste matter daily.
2. No person shall place ashes, garbage, rubbish, filth, urine
or fecal matter in any place in a multiple dwelling other
than the place provided therefor, or keep any such matter in
his apartment or upon his premises such length of time as to
create a nuisance as defined in section three hundred nine.
Sec. 82. Privacy.
In every apartment of three or more rooms in every class A
multiple dwelling erected after April eighteenth, nineteen
hundred twenty-nine, there shall be access to every living room
and bedroom without passing through any bedroom.
Sec. 83. Janitor or housekeeper.
Whenever there are thirteen or more families occupying any
multiple dwelling and the owner does not reside therein, there
shall be a janitor, housekeeper or some other person responsible
on behalf of the owner who shall reside in said dwelling, or
within a dwelling located within a distance of two hundred feet
from said dwelling, and have charge of such dwelling, except that
where two or three multiple dwellings are connected or adjoining,
one resident janitor shall be sufficient. In every garden-type
maisonette dwelling project erected after April eighteenth,
nineteen hundred fifty-four, adequate personnel shall be provided
for the lawful care and maintenance of such project.
Sec. 84. Construction standards for the control of noise.
On or before January first, nineteen hundred sixty-nine, the
department shall formulate, adopt, promulgate and thereafter from
time to time amend standards of sound retardation for the walls,
partitions and floors and ceilings between apartments and between
apartments and public spaces situated therein based on the direct
measurement of sound transmission loss determined in decibels for
various frequencies or in accordance with the ASTM sound
transmission class system or in accordance with such other
recognized method or system for measuring reduction of sound
transmission as the department may determine to be appropriate.
Any construction of a multiple dwelling commenced after January
first, nineteen hundred seventy shall comply with the standards
promulgated pursuant to this section in effect at the time of
commencement of such construction.
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ARTICLE 4
FIREPROOF MULTIPLE DWELLINGS
Section 100. Application of article four.
TITLE 1
FIRE PROTECTION
Section 101. Requirements for fireproof
construction.
102. Stairs.
103. Egress from apartments.
104. Bulkheads.
105. Separation and ventilation of
stairs.
106. Cellar and basement stairs.
107. Public halls.
108. Partitions.
TITLE 2
SANITATION
Section 115. Interior water-closets and
bathrooms.
116. Water-closets in certain class
B multiple dwellings.
117. Employees' water-closets.
=================================================================
Sec. 100. Application of article four.
The provisions of this article shall apply to fireproof multiple
dwellings erected after April eighteenth, nineteen hundred twenty-
nine, and to such dwellings only. They shall apply to all such
fireproof dwellings unless their application is expressly limited
to dwellings of a particular class. They shall apply in addition
to, and not in substitution for, the provisions of article three.
TITLE 1
FIRE PROTECTION
Sec. 101. Requirements for fireproof construction.
1. Every such dwelling exceeding six stories or seventy-five
feet in height shall be fireproof. No multiple dwelling
shall be altered so as to exceed either of such heights
without being made fireproof.
2. In a fireproof multiple dwelling the walls, floors, roof,
stairs and public halls shall all be fireproof except as
provided in subdivision three. No beams, lintels or other
structural members shall be of wood. No wood or other
inflammable material shall be used in any of the partitions,
furrings or ceilings. For the portion of a multiple dwelling
more than one hundred fifty feet above the curb level, no
wood shall be used except as provided in subdivision three
and except for interior trim of windows.
3. The foregoing requirements shall not be construed as
prohibiting:
a. Elsewhere than within, or in the openings to, the
public halls, stairs and shafts, the use of wood for
sleepers, grounds, nailing blocks, underflooring,
finish flooring, interior doors with their assemblies
and saddles, floor base not more than one foot in
height, picture and wall moulding, shelving, closet and
kitchen fixtures, cupboards, cabinets and wardrobes.
b. The use of wood for windows and for interior trim and
finish backed solidly against, or filled with,
incombustible material when located not more than one
hundred fifty feet above the curb level and elsewhere
than within, or in the openings to, the public halls,
stairs and shafts.
c. The use within apartments of wood for decorative wall
paneling, wainscoting, mantels or other interior
finish, and the use in an entrance hall of wall
paneling or wainscoting made of fireproof wood or other
material capable of successfully withstanding standard
fire tests prescribed in the local building code and in
a manner approved by the department.
d. Where fireproof doors are required, the use for such
doors, with their assemblies and saddles, of material
and construction capable of successfully withstanding a
one-hour standard fire test prescribed in the local
building code and in a manner approved by the
department. Should any door required to be fireproof be
found to have deteriorated so that it shall after
installation fail to conform to the standard fire tests
prescribed, such door shall be removed by the owner and
replaced by him with a door capable of successfully
withstanding such tests.
4. All materials combustible in their natural state which are
constructed, processed or protected so that they will not
support combustion shall, before being installed in a
multiple dwelling for any of the uses herein specified, be
permanently identified by label or marking with the name of
the manufacturer and the year of manufacture in a manner
approved by the department.
5. When required to be fireproof, any outer wall or any wall or
partition which carries any load in addition to its own
weight shall, unless otherwise in this chapter expressly
required, be constructed of materials capable of
successfully withstanding a four-hour standard fire test
prescribed in the local building code and in a manner
approved by the department. When required to be fireproof,
any wall or partition which carries only its own weight,
other than an outer wall, shall be constructed of materials
capable of successfully withstanding a one-hour standard
fire test prescribed in the local building code and in a
manner approved by the department.
Sec. 102. Stairs.
1. Except as otherwise specifically provided in subdivisions
three and four and in paragraphs b to j inclusive of
subdivision six, every multiple dwelling which exceeds two
stories in height shall have at least two fire-stairs. Such
fire-stairs shall extend from the entrance story to the roof
and be equipped with fireproof self-closing doors glazed
with wire glass and without transoms. No windows shall be
required in such stairs, but any openings in exterior walls,
except any window openings facing a street or yard, shall be
equipped with fireproof frame and sash glazed with wire
glass. Entrances to such fire-stairs shall be at least
fifteen feet distant from each other and from the entrance
to every other fire-stair or fire-tower, except that the
distance between two such entrances may be less if they are
on opposite sides of an elevator vestibule or other public
hall or are separated by an elevator shaft. The doors giving
access to such stairs shall not be held open by any device
whatever.
2. Every such fire-stair shall have an entrance on the entrance
story from a street or an entrance at the side or rear of
the dwelling from a yard, court or passageway having
continuous, safe and unobstructed access to a street. Except
as otherwise expressly provided in paragraphs b to j
inclusive of subdivision six, in a dwelling not exceeding
one hundred twenty-five feet in height every stair, fire-
stair and fire-tower shall be at least three feet in clear
width, and where only one fire-stair or fire-tower is
required such fire-stair or fire-tower shall be at least
three feet eight inches in clear width. In a dwelling
exceeding one hundred twenty-five feet in height every
required fire-stair shall be at least three feet eight
inches in clear width from the entrance story up to a floor
level not more than one hundred feet below the ceiling of
the highest story, and above such level every fire-stair
shall be at least three feet in clear width. Every stair
landing at every floor level shall be at least three feet
eight inches in clear width in every direction.
3. Except in dwellings erected under plans filed with the
department before April twenty-eighth, nineteen hundred
thirty, and except as otherwise provided in paragraphs b to
j inclusive of subdivision six there shall be horizontal
access from every apartment to at least two fire-stairs, at
least one of which shall be within seventy-five feet
horizontally in the line of travel from a required means of
egress from such apartment.
4. Except as provided in paragraphs b, c and d of subdivision
six, a fire-tower may be substituted for any required fire-
stair. When a fire-tower is substituted for a fire-stair,
such fire-tower shall comply with all the applicable
requirements for the fire-stair it replaces and shall have
its means of egress directly to a street or to a yard or
court having direct, unobstructed access to a street without
passing through any entrance hall; except that a fire-tower
may have its means of egress into a public vestibule if such
means is not more than fifteen feet from a street in the
line of travel.
5. The stairs in a tower or dwelling containing a passenger
elevator and meeting the conditions of paragraphs f, g or h
of subdivision six may conform to the provisions of such
paragraph and paragraph i of such subdivision in lieu of the
different provisions which would otherwise be applicable
thereto.
6. Under the special conditions described in paragraphs a to j
inclusive and in the following table, which applies only to
class A dwellings, stairs shall conform to the applicable
provisions of such paragraphs and table.
NOTE: TABLE FOUND IN CHAP. 234 OF THE LAWS OF 1964
a. Except as otherwise expressly provided in this
paragraph and in paragraphs b to j inclusive of
subdivision six, if the number of living rooms on any
story above the entrance story exceeds forty, there
shall be an additional fire-stair for each twenty
living rooms or fraction thereof in excess of forty on
any story above the entrance story. Such an additional
fire-stair shall not be required if the number of
living rooms on no story above the entrance story
exceeds fifty and in addition the clear width of one
fire-stair is at least one and one-half times the width
specified for a fire-stair in subdivision two, the
clear width of every public hall connected with such
fire-stair is at least one and one-half times the width
specified for a public hall in section one hundred
seven and the clear width of every entrance hall
connected with such fire-stair is at least one and one-
half times the width specified for an entrance hall in
section fifty. Any additional fire-stair constructed
pursuant to this paragraph need not be carried to a
greater height than the level of a roof, or of a
terrace formed by a setback, above the highest story on
which the number of rooms requires such additional
stair. When any fire-stair terminates at the level of a
setback of any outer wall, such setback shall form a
terrace at least four feet in depth measured between
the inside of the parapet wall and the wall of the
dwelling and at least ten feet in length measured
parallel to the wall of the dwelling.
b. In a class A dwelling or section thereof not exceeding
six stories in height, for which plans shall have been
filed in the department before September first,
nineteen hundred fifty-one, only one stair shall be
required, provided the number of apartments having
access to such stair on each story does not exceed six
and the aggregate number of living rooms in such
apartments does not exceed twenty, except that the
total number of rooms above the first story shall not
exceed one hundred and the total number of apartments
above the first story shall not exceed thirty. Such
stair shall in addition comply with all the provisions
of section one hundred forty-eight relating to stairs
in non-fireproof dwellings, except that in lieu of a
window such stair may have at each story an opening to
a street or to a lawful yard or court other than a
court on a lot line. Such opening shall be at least
forty square feet in area and five feet in width, and
shall be furnished with a properly secured guard
railing at least five feet in height and approved by
the department. Such opening shall be kept continuously
open to the outer air. No means of egress from any
apartment to such stair shall be more than twenty-five
feet distant therefrom.
c. In a class A dwelling or section thereof not exceeding
six stories in height only one stair shall be required,
provided the number of living rooms on any story above
the entrance story does not exceed twenty. If the
number of living rooms on any story or section thereof
above the entrance story exceeds twenty, there shall be
an additional stair for each twenty rooms or fraction
thereof on any such floor or section in excess of
twenty, except that if the number of living rooms on no
such story or section above the entrance story exceeds
thirty, in lieu of an additional stair one stair and
every public hall connected therewith may be four feet
six inches in clear width. Such stair shall be
completely separated from every other stair, fire-
stair, fire-tower, public hall and shaft by fireproof
walls. Doors to stairs, fire-stairs and fire-tower
balconies from any public hall in such a dwelling or
section shall be at least three feet wide, self-closing
and fireproof, with their assemblies also fireproof.
The panels of every such door shall be glazed with
clear wire glass and no pane thereof shall exceed three
hundred sixty square inches in area. Those portions of
the enclosure partition which separate the public hall
from the stair shall be glazed with wired plate glass
at least one-quarter inch in thickness, with no pane
more than three hundred sixty square inches in area, so
as to provide so far as practicable an unobstructed
view of the stair from each public hall. Glass panels
shall be at least twelve inches and not more than
sixteen inches above the floor of the public hall.
Public halls providing access to any such enclosed
stair shall be lighted and ventilated as prescribed for
non-fireproof dwellings in section one hundred forty-
nine. No means of egress from any apartment to such a
stair shall be more than fifty feet distant therefrom.
d. In a class A dwelling or section thereof not exceeding
six stories in height only one stair shall be required,
provided the number of apartments having access to such
stair at each story does not exceed eight and the
aggregate number of living rooms in such apartments
does not exceed twenty-five, except that the total
number of living rooms above the first story shall not
exceed one hundred twenty-five and the total number of
apartments above the first story shall not exceed
forty. No means of egress from any apartment to such
stair shall be more than twenty-five feet distant
therefrom. Doors and stair enclosures shall conform to
the provisions of paragraph c.
e. In a dwelling conforming to the provisions of paragraph
b, c or d the lowest story may be designated as a
basement if such story is not used for living purposes
but is used solely for storage or other general utility
purposes accessory to the occupancy, use and management
of the dwelling. Such a basement shall not be deemed a
story in computing the height of the dwelling.
f. Every tower erected pursuant to plans on or after
December fifteenth, nineteen hundred sixty-one in a
fireproof dwelling shall be provided with at least one
passenger elevator. Such elevator shall be operated
between the ground story and the highest story of such
tower containing any living room and horizontal access
thereto shall be provided at each story for every
apartment in the tower. Stairs in such a tower may
comply with the following provisions of this paragraph
in lieu of the different provisions otherwise
applicable. In such case there shall be provided at
least one fire-stair. If there are more than fifteen
living rooms on any story of the tower, there shall be
an additional fire-stair for each additional fifteen
such rooms or fraction thereof. Every fire-stair so
required shall extend from the top story of the tower
to the entrance hall of the dwelling and be
horizontally accessible from each story of every
apartment in the tower. If the tower was erected under
plans filed with the department on or after April
twenty-eighth, nineteen hundred thirty, it shall also
have an additional means of egress as provided in
paragraph i of this subdivision.
g. In a dwelling in which one or more passenger elevators
are operated with horizontal access from every
apartment in the dwelling and in which every story has
an area of not more than twenty-five hundred square
feet exclusive of elevator shafts, public halls, stairs
and fire-stairs and contains not more than fifteen
living rooms, stairs may comply with the provisions of
this paragraph in lieu of the different provisions
otherwise applicable. In such case there shall be at
least one fire-stair, and there need not be more than
one, accessible from each apartment on each story and
extending from the roof to the entrance story with
unobstructed access to a street. If the dwelling was
erected under plans filed with the department on or
after April twenty-eighth, nineteen hundred thirty, it
shall also have an additional means of egress as
provided in paragraph i.
h. When a dwelling is divided into sections by unpierced
fireproof construction extending from the second tier
of beams above the ground story to the roof, and one or
more passenger elevators are operated in each such
section with horizontal access from each apartment
therein, and every story of each such section above the
entrance story contains not more than ten living rooms
where there are four or more apartments on such story
or not more than fifteen living rooms where there are
three apartments or less on such story, stairs may
comply with the provisions of this paragraph in lieu of
the different provisions otherwise applicable. In such
case there shall be in each such section at least one
fire-stair, and there need not be more than one,
extending from the roof to the entrance story with
unobstructed access to a street. If the dwelling was
erected under plans filed with the department on or
after April twenty-eighth, nineteen hundred thirty,
each such section shall also have an additional means
of egress as provided in paragraph i.
i. The main means of egress from every apartment in a
tower or dwelling erected pursuant to the provisions of
paragraph f, g, or h shall be within twenty-five feet
of a fire-stair meeting the requirements of such
paragraph. If the tower or dwelling was erected under
plans filed with the department on or after April
twenty-eight, nineteen hundred thirty, egress shall
also be provided, in addition to the required fire-
stairs, by means of another stair extending from the
main roof of the dwelling, or in the case of a tower
from the highest story thereof, to the entrance story,
with unobstructed access to a street. Such additional
stair shall be horizontally accessible from each
apartment at each story through a vestibule or other
public hall and shall conform with all the requirements
for a fire-stair except that its clear width may be
reduced to a minimum of twenty-eight inches, its risers
may be increased to a maximum of nine inches in height,
and its treads, exclusive of nosing, may be reduced to
a minimum of eight inches in width. No door giving
access thereto shall swing into such stair.
j. A class B dwelling in which at least eighty per centum
of the living rooms above the second story open
directly upon a public hall without any intervening
foyer or private hall, shall have at least two fire-
stairs accessible at each story from each room through
a public hall. Such fire-stairs shall be so located
that at least one fire-stair shall be not more than one
hundred twenty-five feet along the line of travel from
the means of egress from any living room. Every such
fire-stair shall have a clear width of at least three
feet eight inches. Two such fire-stairs shall be deemed
adequate for seventy living rooms on any story. For
each thirty-five living rooms or fraction thereof in
excess of seventy on any story there shall be one
additional fire-stair; except that if such fractional
excess number of living rooms is not more than twenty
per centum of the total number of living rooms provided
for by the required two fire-stairs and one additional
fire-stair for each thirty-five living rooms, if any,
in excess of seventy, in lieu of another fire-stair for
such fractional excess number of living rooms, the area
of every fire-stair landing at such story may be
increased by not less than two square feet for each
living room of such fractional excess number of living
rooms. In every such dwelling each living room which is
occupied by three persons or more shall be counted as
one additional room for each four hundred cubic feet or
fraction thereof in excess of eight hundred cubic feet
in the cubic content of such room.
Sec. 103. Egress from apartments.
1. a. Except as provided in paragraph b of this
subdivision, there shall be at least one means of
egress from each apartment on each and every story of
such apartment, and a second means of egress if the
first means is not within fifty feet of every living
room in such apartment on such story. When two means of
egress are required, they shall open from different
rooms.
b. In any class A fireproof dwelling or section thereof
erected under plans filed in the department after
September first, nineteen hundred fifty-one, an
apartment occupying parts of not more than two stories
shall have at least one means of egress. Such required
means of egress shall be not more than forty feet from
any room within such apartment and shall open directly
upon a public hall. Such public hall shall provide
access to at least two fire-stairs. Any stair within an
apartment shall be at least two feet six inches in
width and a terminus shall be not more than twenty feet
from the door which provides the required egress to a
public hall, provided, however, that such stair within
an apartment shall extend downwards or upwards to the
story which provides the required access to at least
two fire-stairs. In the event of but one such means of
egress, and if the stair within the apartment extends
downwards to provide egress to a public hall, there
shall be a balcony upon the upper story of the
apartment. If, however, such stair extends upwards to
provide egress to a public hall, the balcony shall be
located on the lower story of the apartment. Such
balcony shall provide access from the apartment to a
room of an adjoining apartment on the same story. Such
balcony shall be constructed of incombustible material
and be capable of sustaining a load of at least eighty
pounds per square foot. Access to such balcony shall
not be obstructed by sinks or kitchen fixtures or in
any other way, and shall be maintained unobstructed at
all times. Bars, gates, grilles or other obstructing
devices on any window or door giving access to or
egress from such balcony shall be unlawful.
2. Except as otherwise expressly provided in paragraph b of
subdivision six of section one hundred two for certain
dwellings six stories or less in height, at least one fire-
stair shall be within seventy-five feet of at least one
means of egress from each apartment on each story thereof.
3. When any such fire-stair serving any apartment as a required
means of egress from the dwelling opens on the entrance
story of the dwelling exclusively into an entrance hall, no
other fire-stair serving the same apartment as a required
means of egress from the dwelling shall open on such story
exclusively into the same entrance hall. Any required fire-
stair not opening on such story exclusively into an entrance
hall shall open on a street or in a yard, court or
passageway affording continuous, safe and unobstructed
access to a street; but any such required fire-stair serving
any apartment as a means of egress from the dwelling may
have a supplementary entrance into the same entrance hall as
that into which any other fire-stair serving the same
apartment as a required means of egress from the dwelling
opens exclusively.
4. When any apartment occupies parts or all of three or more
stories, every stair within such apartment leading to the
third or any higher story of such apartment shall be
enclosed with fireproof partitions with a fireproof door and
assembly with the door self-closing at the second story
landing of such stair and at every higher story landing from
which the stair continues upward within the apartment; or in
lieu of such fireproof partitions and doors at least two
means of egress from such apartment opening from different
rooms shall be provided on the first, third and alternate
higher stories, if any, of such apartment.
5. No means of egress from any apartment shall open into any
stair, fire-stair or fire-tower required under the
provisions of this section except through a vestibule or
public hall.
Sec. 104. Bulkheads.
1. Every stair, fire-stair and fire-tower required by this
chapter to extend to the level of the roof or to any terrace
formed by a setback shall extend to and through a fireproof
bulkhead or other fireproof enclosure in such roof or
terrace approved by the department. Such bulkhead or
enclosure shall give unobstructed access at all times to
such roof or terrace by means of a fireproof door and door
assembly with the door self-closing. Such a door shall never
be self-locking and shall be fastened on the inside by
movable bolts, hooks or a lock which does not require a key
to open from the inside of the dwelling. Stairs to a
bulkhead or enclosure shall have a handrail. When a dwelling
has a pitched or sloping roof with a pitch or slope of more
than fifteen degrees, no bulkhead or stair leading thereto
shall be required.
2. The roof of any penthouse may for the purpose of this
section be deemed part of the main roof if unobstructed
access be provided and maintained between all required fire-
stair landings on the main roof adjoining such penthouse, on
the roof of such penthouse and on the roof of any other
penthouse extending above such main roof. Such unobstructed
access, where horizontal, shall be by means of a passage at
least three feet in clear width. It may include one or more
stairs necessary to provide access from any penthouse roof
to any main roof adjoining such penthouse. Such stairs shall
conform to all the requirements of section fifty-three for
stairways of fire-escapes. There shall be a passageway at
least four feet in clear width between such stairs and the
parapet wall or guard railing of the main roof.
Sec. 105. Separation and ventilation of stairs.
1. In a dwelling in which one or more passenger elevators are
maintained and operated opening upon a public hall at every
story, all stairs, fire-stairs and fire-towers shall be
completely separated from one another and from every
elevator shaft by fireproof walls. They shall be constructed
of fireproof material throughout and shall contain no wood
or other inflammable material of any kind, except that
handrails of hardwood may be provided.
2. Access to stairs, fire-stairs and fire-tower balconies from
any public vestibule or other public hall shall be through
fireproof doors and assemblies, with the doors self-closing
and at least three feet wide, or through pairs of such doors
at least four feet wide, containing in either case a fixed
sash glazed with wire glass at least three hundred sixty
square inches in area.
3. Every stair hall shall be ventilated by a window, or by
movable louvres in the skylight having an opening of at
least one hundred forty-four square inches, or by an opening
of at least one hundred forty-four square inches near the
top of the stair shaft and communicating directly with the
outer air. If a window is provided which does not open upon
a street or yard, it shall be fireproof and glazed with wire
glass of good quality and have no pane more than three
hundred sixty square inches in area.
Sec. 106. Cellar and basement stairs.
A cellar or basement stair may be located inside the dwelling,
but shall not be located underneath a stair leading to the upper
stories unless it is a basement stair leading upward from a
basement which is the main entrance story of the dwelling, or
unless it is a stair leading downward from the entrance story
which is separated by a fireproof arch from the stair leading
upward from the entrance story. Except as otherwise provided in
subdivision five of section fifty-two, all inside cellar or
basement stairs shall be entirely enclosed with fireproof walls
and be provided with fireproof doors and assemblies, with the
doors self-closing, at all openings.
Sec. 107. Public halls.
1. Every public vestibule or other public hall shall comply
either with the provisions of section one hundred forty-nine
for non-fireproof multiple dwellings, so far as applicable,
or with the provisions of subdivision two of this section,
except that the provisions as to ventilation shall not apply
to any part of an entrance hall within sixty feet in a
straight line from an entrance door.
2. If such a dwelling does not comply with the applicable
provisions of section one hundred forty-nine, it shall
comply with all of the following:
a. Every public vestibule or hall shall be everywhere at
least three feet eight inches in clear width.
b. Every such public vestibule or hall shall be separated
from all other parts of the dwelling by fireproof
walls.
c. All openings from such a public vestibule or hall to
stairs, fire-stairs, fire-tower balconies, shafts,
apartments or suites of rooms shall be protected by
fireproof doors and assemblies, with the doors self-
closing, except that such doors and assemblies shall
not be required in any fireproof class B multiple
dwelling for any apartment consisting of one room
opening directly upon a public hall or for any
apartment of three rooms or less in a college or school
dormitory.
d. Such a public vestibule or hall shall not be required
to have a window, but if it does not have a window
opening to the outer air it shall be equipped for
artificial lighting and be properly lighted at all
times.
e. Except for that part of an entrance hall within sixty
feet in a straight line from an entrance door such a
public vestibule or hall without a window to the outer
air shall be ventilated to the outer air by means of
gravity vent flues at least twelve inches in each
dimension or by mechanical means approved by the
department. There shall be at least one vent flue
opening of at least twelve inches in each dimension for
each one thousand cubic feet of air content of such
public vestibule or hall. Such vent flues shall be
continuous for the height of the dwelling and the
openings at each story shall be equipped with fire
dampers held open by a fusible link at each opening and
properly hooded or provided with louvres at the top
above the roof.
f. If a window to the outer air is provided in any such
public vestibule or hall, such vestibule or hall shall
nevertheless be ventilated as provided in paragraph e,
except that if such a window has a glazed area of at
least twelve square feet and at least one tenth of the
superficial floor area of the vestibule or hall,
readily accessible to the outer air to the extent of at
least five and one-half square feet of its area, no
vent flues need be provided within a distance of forty
feet from each side of such window.
3. The requirements of this section as to ventilation shall
apply to all parts of an entrance hall more than sixty feet
distant in a straight line from an entrance door, to all
returns or recesses that lead to elevators and extend
farther from the hall which they adjoin than four times
their width, and to all other returns or recesses from
entrance halls that extend farther than their width.
4. Any part of a public hall that is shut off from any other
part of such hall by a door or doors shall be deemed a
separate hall.
Sec. 108. Partitions.
All partitions shall rest directly upon the fireproof floor
construction and never upon any wood flooring, and shall extend
to the fireproof construction of the floor or roof above.
TITLE 2
SANITATION
Sec. 115. Interior water-closets and bathrooms.
Interior water-closet compartments and bathrooms contained in
fireproof multiple dwellings shall comply with the applicable
provisions of section seventy-six.
Sec. 116. Water-closets in certain class B multiple dwellings.
Water-closets contained in certain class B multiple dwellings
shall comply with the applicable provisions of section seventy-
six.
Sec. 117. Employees' water-closets.
Water-closet compartments provided for domestic servants of
tenants in multiple dwellings shall comply with the applicable
provisions of section seventy-six.
=================================================================
ARTICLE 5
NON-FIREPROOF MULTIPLE DWELLINGS
Section 140. Application of article five.
TITLE 1
FIRE PROTECTION
Section 141. Height
142. Sub-curb uses.
143. Construction of first floor.
144. Egress from dwellings.
145. Fire-escapes.
146. Egress from apartments.
147. Bulkheads and scuttles.
148. Public stairs.
149. Public halls.
150. Cellar and basement stairs.
151. Spaces under stairs.
152. Fire-stopping.
TITLE 2
SANITATION
160. Water-closets.
=================================================================
Sec. 140. Application of article five.
The provisions of this article shall apply to non-fireproof
multiple dwellings erected after April eighteenth, nineteen
hundred twenty-nine, and to such dwellings only. They shall apply
to all such non-fireproof dwellings unless their application is
expressly limited to dwellings of a particular class. They shall
apply in addition to, and not in substitution for, the provisions
of article three. However the provisions of this article shall
not apply to a multiple dwelling three stories or less in height
to be occupied by not more than three families in all, with a
maximum occupancy of two families on each floor in a two story
building and one family on each floor in a three story building,
provided however that all the provisions of article six are
complied with, including section one hundred seventy-a of said
article.
TITLE 1
FIRE PROTECTION
Sec. 141. Height.
Any such dwelling which is seventy-five feet or less in height
above the curb level and has six stories or less may be of non-
fireproof construction.
Sec. 142. Sub-curb uses.
1. When such a dwelling is more than eighty feet in height
measured from the lowest point of the yard or of any curb on
which any part of the dwelling faces, whichever is lower,
and any room in such dwelling below the level of the highest
curb which any part of such dwelling faces is occupied for
living purposes as permitted in paragraph f of subdivision
one of section thirty-four, the yard at the level of such
highest curb shall be set back so as to be at least eight
feet greater in depth than the yard below such level unless
the yard opens directly upon a street.
2. If such a dwelling is erected upon an interior lot running
through from street to street, the wall of the dwelling
facing the lowest street shall, at the level of the highest
curb on which any part of such dwelling faces, be set back
at least eight feet.
3. The setback of the yard or wall required by each of the two
preceding subdivisions shall be a fire-terrace. Nothing
herein contained shall be construed to permit a yard of
smaller dimensions below the level of such fire-terrace than
required by paragraph f of subdivision one of section thirty-
four.
4. From each apartment below the level of such highest curb at
least one means of egress shall lead directly to such fire-
terrace in a manner approved by the department. Such fire-
terrace shall be protected by a guard railing approved by
the department, and shall afford safe and unobstructed
access either directly to a street or to a covered fireproof
passage at least three feet in width and seven feet in
height leading directly and without obstruction to a street.
5. In all portions of such dwellings below the level of the
highest curb all structural members, partitions, furrings
and ceilings shall be constructed of incombustible
materials.
6. Apartments may also be occupied for living purposes in
cellars and basements in accordance with the provisions of
subdivision six of section thirty-four.
Sec. 143. Construction of first floor.
1. The first floor above the lowest cellar, or, if there be no
cellar, above the lowest story, shall be fireproof or, if
the dwelling be three stories or less in height, fire-
retarded. Said first floor shall be unpierced except for a
stair leading to a cellar as provided in section one hundred
fifty, for lawful pipes, conduits and ducts and for
dumbwaiter and elevator shafts. Any such dumbwaiter and
elevator shafts shall be equipped at all openings below the
said first floor with fireproof doors and assemblies with
the doors self-closing.
2. Whenever the lowest cellar does not extend over more than
half the area of the dwelling, that portion of the first
floor directly over such cellar and the entire second floor
above such cellar shall be constructed as in this section
prescribed for the first floor above the lowest cellar.
Whenever the lowest cellar extends over more than half, but
not all, of the area of the dwelling, only that portion of
the first floor directly over such cellar need be
constructed as in this section prescribed for the first
floor above the lowest cellar.
Sec. 144. Egress from dwellings.
1. A dwelling three or more stories in height shall have at
least two means of egress extending to the roof from an
entrance story, street, court or yard. The entrances to such
means of egress at every story shall be at least fifteen
feet distant from each other unless they are on opposite
sides of a public hall. One means of egress shall be a stair
constructed as provided in section one hundred forty-eight.
The other means of egress shall be either another such stair
or a fire-escape constructed as provided in section fifty-
three.
2. If the number of living rooms on any story, or in any
section of any story, above the entrance story exceeds
twenty, there shall be an additional stair, or fire-stair,
extending from the entrance story to the roof for each
twenty rooms or fraction thereof on such story or section
thereof in excess of twenty, except that no additional
stair, or fire-stair, shall be required for such excess on
any story or section thereof if the number of living rooms
thereon does not exceed thirty and if in addition one stair
serving such story or section and every entrance hall or
other public hall connected therewith are everywhere four
feet six inches or more in clear width.
3. There shall be accessible from every apartment two means of
egress from the dwelling, one of which shall be a stair
within fifty feet from a means of egress from such
apartment. For such dwellings erected under plans filed in
the department after September first, nineteen hundred fifty-
one, such stair shall also be enclosed and comply with the
provisions of section one hundred forty-eight.
4. Whenever more than two stairs are required, one or more of
such stairs may be fire-stairs or fire-towers, provided that
there shall never be more than one such fire-stair or fire-
tower for each two other required stairs.
Sec. 145. Fire-escapes.
Every fire-escape shall be located, arranged, constructed and
maintained as provided in section fifty-three.
Sec. 146. Egress from apartments.
1. There shall be at least two means of egress from every
apartment or suite. Such means shall be remote from each
other. Except where it opens into a stair as permitted in
subdivision three, one means shall be to a public hall
connecting with a stair, fire-stair or fire-tower, not more
than fifty feet distant from such means. In dwellings
erected under plans filed in the department after September
first, nineteen hundred fifty-one, such stair, fire-stair or
fire-tower shall be enclosed. The other required means of
egress shall open either directly upon a fire-escape or
directly on a fire-tower balcony or a public vestibule or
other public hall connecting with a stair, fire-stair or
fire-tower balcony.
2. Except as hereinafter provided for dwellings two stories or
less in height such balcony, vestibule, hall or stair shall
be separated from the public hall or stair on which the
first means of egress opens by a fireproof wall, unpierced
unless by an opening equipped with a fireproof door and
assembly with the door self-closing. Such door shall not be
held open by any device whatever. In a dwelling two stories
or less in height, the separating wall may be fire-retarded
on both sides in lieu of being fireproof.
3. In a dwelling three stories or less in height and occupied
by four families or less on each story, and in any section
of a class A dwelling which is two stories or less in height
and occupied by four families or less on each story, a means
of egress from an apartment may open directly into a stair
without the intervention of a public hall.
Sec. 147. Bulkheads and scuttles.
1. Except as otherwise provided in subdivision two of this
section, every required stair, fire-stair and fire-tower in
dwellings three stories or more in height shall have a
bulkhead constructed as provided for fireproof dwellings in
section one hundred four, except that the bulkhead of any
required stair which is not required to be fireproof may be
built of wood covered on the outside with twenty-six gauge
metal and on the inside with wire or metal lath covered with
two coats of cement plaster or other fire-retarding material
approved by the department.
2. Such a dwelling which is two stories or less in height, or
is three stories in height and erected pursuant to plans
filed with the department on or after May first, nineteen
hundred fifty-nine and occupied by not more than one family
on each story, shall be provided at each required stair,
fire-stair or fire-tower either with such a bulkhead or with
a scuttle at least two feet by three feet in size, located
in the ceiling of the public hall on the top story and so
arranged as to provide direct and uninterrupted access to
the roof. Every such scuttle shall be arranged to be readily
opened, shall be covered on the outside with metal and shall
be provided with stairs or a stationary iron ladder or
ladders leading thereto and easily accessible to all the
tenants of the dwelling.
3. No bulkhead or other superstructure on the roof shall be
used for human occupancy.
4. When a dwelling has a pitched or sloping roof with a pitch
or slope of more than fifteen degrees, no bulkhead or
scuttle or stair or ladder leading thereto shall be
required.
Sec. 148. Public stairs.
1. Every stair, fire-stair and fire-tower shall, except as
otherwise provided in subdivisions three and four of this
section and section one hundred forty-nine, be constructed
as provided for fire-stairs in sections one hundred two and
one hundred five for fireproof dwellings.
2. Every stair, fire-stair and fire-tower shall be at least
three feet in clear width throughout, and at all floor
levels shall have landings at least three feet six inches in
clear width.
3. Every stair, fire-stair and fire-tower shall be completely
separated from every other stair, fire-stair and fire-tower
and from every public hall and shaft by fireproof walls,
with fireproof doors and assemblies, with the doors self-
closing and without transoms, at all openings, except that
in dwellings two stories or less in height such walls may be
fire-retarded on both sides in lieu of being fireproof. The
doors giving access to such stairs shall not be held open by
any device whatever.
4. Except in the case of an interior enclosed stair separated
from and directly accessible to the public hall by a self-
closing fireproof door and except as provided in subdivision
five, there shall be provided to light and ventilate every
stair at every story a window or windows opening on a
street, court, yard or space above a setback. At least one
such window shall be at least two feet six inches wide and
five feet high unless it opens on a street, in which case
its minimum height shall be four feet. The aggregate area of
such window or windows at each story shall be at least
eighteen square feet. On the top story a ventilating
skylight may be substituted for a window. At the entrance
story or at the roof level a sash door, such as described in
section thirty-five, opening to the outer air may be
substituted for such window.
5. In a dwelling occupied by two families or less on every
story:
a. If such dwelling is three stories or less in height,
there may be provided for any stair, in lieu of
windows, a stairwell sixteen inches or more in clear
width extending from the entrance story to the roof.
b. If such dwelling is a class A dwelling and is two
stories or less in height, there may be provided for
any stair, in lieu of windows, a stairwell six inches
or more in clear width. For the purposes of this
paragraph a section of a class A multiple dwelling may
be deemed a separate multiple dwelling.
c. If such dwelling is two stories in height and has no
public hall on the first story, no stairwell or stair
windows need be provided.
Sec. 149. Public halls.
1. Every public hall shall be everywhere at least three feet in
clear width.
2. Every public hall shall be completely enclosed with
fireproof floor, ceiling and walls, and, in dwellings
erected under plans filed in the department after September
first, nineteen hundred fifty-one, such hall shall be
separated from every stair by fireproof partitions or walls.
All doors and their assemblies opening from such hall or
stairs shall be fireproof, with the doors self-closing and
without transoms, except that in a dwelling three stories or
less in height occupied by not more than four families on
each story, or in a class A dwelling or any section thereof
two stories or less in height, any such hall which furnishes
access to only one stair need not be separated from such
stair by any partition or door and the walls of a public
hall may be fire-retarded and the floors may be provided
with three inches or more of incombustible deafening
materials between the beams instead of being fireproof.
3. Except in dwellings three stories or less in height and
occupied by two families or less on every story, and except
as provided in subdivisions four to seven inclusive, every
public hall shall have at least one window opening directly
upon a street or upon a lawful yard or court. There shall be
such a window at the end of each such hall and at right
angles to its length, with an additional window in each
forty feet of hall or fraction thereof beyond the first
sixty feet from such end window; or the hall shall have one
window opening directly upon a street or upon a lawful yard
or court in every forty feet of its length or fraction
thereof measured from one end of the hall.
4. When the length of any recess or return off a public hall
does not exceed twice the width of such recess or return, no
window shall be required therein. But whenever the length of
a recess or return exceeds twice its width, there shall be
an additional window or windows meeting the requirements for
a separate public hall. No entrance hall shall have a return
or recess which exceeds in length twice its width.
5. The foregoing provisions of this section with regard to
lighting and ventilation shall not apply to a vestibule or
other public hall which serves as a means of access from one
or more apartments opening thereon to a fire-stair or fire-
tower meeting the requirements of section one hundred forty-
four if such vestibule or public hall is lighted and
ventilated as required for fireproof dwellings by sections
thirty-seven and one hundred seven.
6. The foregoing provisions of this section with regard to
lighting and ventilation shall not apply to that portion of
an entrance hall between the first flight of stairs and the
entrance provided the entrance door contains five square
feet or more of glazed surface or such entrance hall does
not extend from the outer entrance of the dwelling more than
sixty feet.
7. A passenger elevator vestibule not exceeding in length twice
the parallel length of the elevator shaft or shafts opening
into it need not be equipped with a window if it conforms to
the requirements of sections thirty-seven and one hundred
seven for public halls in fireproof multiple dwellings.
Every door and its assembly separating such a vestibule from
any public hall connected with a stair, fire-stair or fire-
tower shall be fireproof, with the door self-closing and
glazed with good quality wire glass ten square feet or more
in area. No such door shall be kept open by any device
whatever.
8. Any part of a public hall that is shut off from any other
part of such hall by a door or doors shall be deemed a
separate hall.
Sec. 150. Cellar and basement stairs.
1. Except as otherwise provided in this section, there shall be
no inside stair communicating between the lowest cellar or
the lowest story, if there be no cellar, and the floor next
above, but any stair communicating between such floors shall
be located outside the dwelling and if enclosed shall be
fireproof in a fireproof enclosure with fireproof doors and
door assemblies, with the doors self-closing, at all
openings.
2. This provision, however, shall not apply to any stair not
extending through more than one story and leading from an
entrance hall to the upper stories where the walls enclosing
such hall are fireproof and unpierced except for openings to
stairs, elevators, apartments, public reception rooms,
professional offices and the outer air. In no event shall
there be any other opening from such an entrance hall, and
all apartments and such professional offices opening
therefrom shall be entirely separated from any space within
such dwelling used for any other purposes by fireproof walls
which shall be unpierced except for means of egress into the
entrance hall. The provisions of this subdivision shall not
apply to openings which are protected with fireproof
vestibules. Any such vestibule shall have a minimum
superficial floor area of fifty square feet and its maximum
area shall not exceed seventy-five square feet. It shall be
enclosed with incombustible partitions having a fire-
resistive rating of three hours. The floor and ceiling of
such vestibule shall also be of incombustible material
having a fire-resistive rating of at least three hours.
There shall be two doors to provide access from the entrance
hall and any other space not used for openings to stairs,
elevators, apartments, public reception rooms and the outer
air. Each such door shall have a fire-resistive rating of
one and one-half hours and shall be provided with a device
to prevent the opening of one door until the other door is
entirely closed. One of these doors shall swing into the
vestibule from the entrance hall and the other shall swing
from the vestibule into space which it serves. Such
vestibule shall also be equipped with sprinklers and with an
independent exhaust duct having a minimum cross-sectional
area of one hundred forty-four square inches for each one
thousand cubic feet, or fraction thereof, of air content,
and such exhaust duct shall not be connected with any other
ventilating system.
3. In dwellings three stories or less in height which are
occupied by two families or less on every story, any stair
leading to the cellar may be located inside the dwelling
provided it is entirely enclosed with fireproof walls and
with fireproof doors and door assemblies at both the cellar
level and the story above, with the doors self-closing.
4. The provisions of subdivision one shall not prohibit or
apply to an inside stair extending from a space used for
commercial purposes in the cellar or lowest story to a store
on the story next above, provided such stair is of
incombustible materials, has closed risers, is enclosed
between the two lowest floors with walls having a three-hour
fire resistive rating and has fireproof doors and door
assemblies at top and bottom, with the doors self-closing,
and provided such commercial space in the cellar or lowest
story is completely enclosed with partitions having a fire-
resistive rating of at least two hours and there is no
opening between the store on the story next above and any
entrance hall or other public hall or public portion of the
dwelling.
Sec. 151. Spaces under stairs.
1. It shall be unlawful to have a closet of any kind under any
public stair.
2. The space beneath every stair from the foot of the stair to
a point where the soffit is four feet or more above the
floor shall be entirely enclosed with unpierced fire-
retarded partitions. Such enclosure beneath a flight of
public stairs leading from the entrance story to the story
next above shall be fireproof.
3. Any unenclosed portion of the space beneath a flight of
public stairs leading from the entrance story to the story
next above shall be left entirely open and kept clear and
free from encumbrance.
Sec. 152. Fire-stopping.
1. In every wall where wooden furring is used every course of
masonry from the under side to the top of any floor beams
shall project a distance of at least two inches beyond each
face of the wall that is not on the outside of the dwelling;
and whenever floor beams run parallel to a wall and wooden
furring is used, every such beam shall always be kept at
least two inches away from the wall, and the space between
the beams and the wall shall be built up solidly with
brickwork from the under side to the top of the floor beams.
2. Whenever a wall is studded off, the space between an inside
face of the wall and the studding at any floor level shall
be fire-stopped. Every space between beams directly over a
studded-off space shall be fire-stopped by covering the
bottom of the beams with metal lath and plaster and placing
a loose fill of incombustible material at least four inches
thick on the plaster between the beams, or hollow-burned
clay tile or gypsum plaster partition blocks, at least four
inches thick in either case and supported by cleats, shall
be used to fill the spaces between beams.
3. Partitions which are not parallel with the wood floor beams
and which separate one apartment or suite from another or
any part of an apartment or suite from a public hall or
other part of the dwelling outside the apartment or suite
shall be filled in solidly with incombustible material
between the floor beams from the plate of the partition
below to the full depth of the floor beams.
4. If a dwelling is within ten feet of another non-fireproof
building or of a side lot line, such dwelling shall have its
eaves or cornices built up solidly with masonry.
5. The wooden frames in any cornice on any row of buildings
shall be separated between buildings by a complete fire-
stop.
6. Every space between stair carriages of any non-fireproof
stair shall be fire-stopped by a header beam at top and
bottom. Where a stair run is not all in one room or open
space, the stair carriages shall have an intermediate
firestop, so located as to cut off communication between
portions of the stair in different rooms or open spaces. The
underside and stringers of every unenclosed stair of
combustible material shall be fire-retarded.
7. All partitions required to be fire-retarded shall be fire-
stopped with incombustible material at floors, ceilings and
roofs. Fire-stopping over partitions shall extend from the
ceiling to the underside of any roofing above. Any space
between the top of a partition and the underside of roof
boarding shall be completely fire-stopped.
TITLE 2
SANITATION
Sec. 160. Water-closets.
Water-closet compartments in class B non-fireproof multiple
dwellings shall comply with the applicable provisions of section
seventy-six.
=================================================================
ARTICLE 5-A
GARDEN-TYPE MAISONETTE DWELLING PROJECTS
Section 161. Application of article five-A.
162. Single ownership.
163. Construction and arrangement.
=================================================================
Sec. 161. Application of article five-A.
The provisions of this article shall apply to garden-type
maisonette dwelling projects erected under plans filed with the
department on or after April eighteenth, nineteen hundred fifty-
four. They shall apply to all such dwellings unless their
application is expressly limited to dwellings of a particular
class. They shall apply in addition to, and not in substitution
for, the provisions of article three. Such dwellings need not
comply with the provisions of sections twenty-eight, thirty-five,
thirty-six, fifty, fifty-four, and sixty-five, or with articles
four, five, six or seven of this chapter, but such dwellings
shall comply with all of the provisions of the building code
applicable to residential buildings of this type and kind. A
garden-type maisonette dwelling project, which is erected in
accordance with the applicable provisions of this chapter for
fireproof or non-fireproof dwellings other than the provisions of
this article five-A, shall not be required to comply with the
provisions of this article.
Sec. 162. Single ownership.
The owner of any site or plot upon which a garden-type maisonette
dwelling project is proposed to be erected shall execute and file
in the office of the recording officer in the county where deeds
of conveyances are recorded an instrument in writing which shall
declare that, so long as any of the buildings proposed to be
erected remain standing, a conveyance of any part or parts of
such project shall, thereupon, cause all the buildings on such
site or plot to be and become unlawful structures, and any prior
certificate of occupancy issued for such structures shall
thereupon become void. Nothing in this section shall be deemed to
prohibit the sale of any part of such project, provided, however,
that the part which is so conveyed and the remaining part of the
project shall be made to comply to all of the applicable
provisions of this chapter.
Sec. 163. Construction and arrangement.
Garden-type maisonette dwelling projects may be erected on
condition that they comply with the following provisions:
1. The dwelling units in such projects, together, or in their
aggregate, do not exceed in superficial area thirty-five per
centum of the area of the site or plot upon which such
projects are erected.
2. The units in such projects do not exceed two stories in
height.
3. Each section contains not more than two apartments in any
unit.
4. Every one or two-family unit is separated from all other
such units by an unpierced partition constructed of
materials having a fire-resistive rating of at least one
hour and such partition extends from the first floor above
the basement or cellar of the dwelling to the top of the
roof boards in such manner as to prevent the passage of
fire, smoke or gases between units.
5. a. A project section shall not be constructed of
units which, together, are of a greater area than three
thousand square feet unless divided by unpierced fire
walls of masonry or other materials having a fire-
resistive rating of at least three hours. Such wall
shall be continuous from the floor of the lowest level
of the dwelling to the top of the roof boards and be
fire-stopped at floors and roof in such manner as to
prevent the passage of fire, smoke or gas between
areas.
b. Fire walls shall extend at least two feet above the
level of the finished roof or, in lieu thereof, where
there is a peaked or sloped roof, the ceiling of the
attic of all units comprising such section shall be
covered with gypsum plaster-boards three-eighths of an
inch in thickness or with other materials having the
same fire-resistive rating.
6. The facing of the exterior walls shall be of brick veneer
not less than four inches in thickness or may be of one or a
combination of other materials; and the interior facing of
such walls shall be covered with one-half-inch thick plaster
boards and three-eighths-inch thick sanded gypsum plaster or
a combination of other materials which, when combined with
the exterior materials shall have a fire-resistive rating of
at least one hour.
7. Cellar ceilings throughout shall be covered with gypsum
plaster boards three-eighths of an inch in thickness or with
other materials having the same fire resistive rating. A
heating plant located within a section shall be completely
enclosed with incombustible materials having a fire
resistive rating of at least three hours and all openings
therefrom to other parts of the dwelling shall be equipped
with fire-proof doors and assemblies with the doors self
closing.
8. Concealed vertical and horizontal draft openings shall be
fire-stopped with incombustible materials.
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ARTICLE 6
CONVERTED DWELLINGS
Section 170. Application of article six and
other provisions to converted dwellings.
170a Notwithstanding any other
provision of this chapter...
171. Alterations.
TITLE 1
LIGHT AND AIR
Section 172. Yards and courts.
173. Windows and rooms.
174. Size of rooms.
175. Alcoves.
176. Cooking spaces.
177. Rooms in basements and cellars.
178. Lighting and ventilation of stairs.
179. Privacy.
TITLE 2
FIRE PROTECTION
Section 185. Cellar ceilings.
186. Extension roofs.
187. Egress.
188. Bulkheads and scuttles.
189. Stair and public hall construction.
190. Cellar stairs.
191. Wainscoting.
192. Cellar entrance.
193. Frame buildings.
194. Sprinkler heads in rooms.
TITLE 3
SANITATION
Section 200. Water-closets.
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Sec. 170. Application of article six and other provisions to
converted dwellings.
The provisions of this article shall apply to converted dwellings
and to such dwellings only. They shall apply to all converted
dwellings unless their application is expressly limited to
dwellings of a particular class. The following enumerated
articles and sections shall also apply to all converted dwellings
unless so limited:
Article 1. Introductory provisions; definitions.
2. Miscellaneous application provisions.
7-a. Temporary provisions.
8. Requirements and remedies.
9. Registry of names and service of papers.
10. Prostitution.
11. Laws repealed; saving clause; legislative
intent; effect.
Sec. 28. Two or more buildings on same lot
29. Painting of courts and shafts
31. Size of rooms--- subdivision six
35. Entrance doors and lights
37. Artificial hall lighting
52. Stairs
55. Wainscoting
56. Frame buildings and extensions
57. Bells; mail receptacles
58. Incombustible materials
59. Bakeries and fat boiling
60. Motor vehicle storage
61. Business uses
62. Parapets, guard railings and wires---
subdivision two
75. Water supply
76. Water-closet and bath accommodations
77. Plumbing and drainage
78. Repairs
79. Heating
80. Cleanliness
81. Receptacles for waste matter
83. Janitor or housekeeper
Sec. 170-a. Notwithstanding any other provision of this
chapter
Notwithstanding any other provision of this chapter, a dwelling,
other than a frame dwelling, three stories or less in height
erected after April eighteenth, nineteen hundred twenty-nine as a
one or two-family dwelling may be converted to a multiple
dwelling to be occupied by not more than three families in all,
with a maximum occupancy of two families on each floor in a two
story building and one family on each floor in a three story
building, provided however that all the provisions of this
article are complied with and provided further that
1. No part of such dwelling shall be used for business
purposes.
2. No part of such dwelling shall be arranged, designed for or
occupied by roomers, boarders or lodgers.
3. The public hall or stair partitions and soffit of stairs
shall be fire-retarded and said partitions fire-stopped. The
apartment entrance doors and door assemblies in such hall
shall be fire-proof and self-closing.
4. The required stairs shall comply with the provisions of
subdivision three of section fifty-two of this chapter.
5. No door opening shall be permitted from a garage within the
building to the stair hall or public hall. However, any
other opening to the residential portion shall be provided
with a fire-proof self-closing door, and the door assemblies
shall be fire-proof.
6. The cellar shall not be used for any purpose other than
household storage and mechanical equipment or appliances,
and the cellar ceiling shall be fire-retarded.
Sec. 171. Alterations.
1. A building, other than a frame building, originally occupied
as a one-family or two-family dwelling may be altered to a
converted dwelling if its bulk and volume has not been
increased since April eighteenth, nineteen hundred twenty-
nine, and if it is converted in conformity with the other
provisions of this article.
2. Except as permitted in subdivision nine of section nine and
subdivision six of section one hundred seventy-two, it shall
be unlawful:
a. To increase the height or number of stories of any
converted dwelling or to increase the height or number
of stories of any building in converting it to a
multiple dwelling.
b. To reduce the room or window area of any converted
dwelling or make any other alteration therein if such
alteration decreases the light, ventilation, fire
protection or sanitation thereof.
c. To convert to a multiple dwelling any dwelling which
exceeds six stories in height unless it was occupied as
a multiple dwelling on April fifteenth, nineteen
hundred thirty;
d. To convert any dwelling to a class A multiple dwelling
occupied by five families or more upon any story unless
such dwelling is fireproof or is converted in
conformity with the requirements of subdivision three
or was occupied as a class A multiple dwelling on April
fifteenth, nineteen hundred thirty.
e. To combine any converted dwelling with another building
which exceeds six stories in height.
f. To enlarge or extend any converted dwelling so as to
exceed by more than twenty-five per centum the area
which such dwelling had on any floor at the time of its
conversion, except as provided in paragraph h.
g. To convert to a multiple dwelling any dwelling not so
converted before April fifteenth, nineteen hundred
thirty, if after such date it has been increased in
number of stories or combined with another building
more than six stories in height or enlarged or extended
so as to exceed by more than twenty-five per centum the
area of such dwelling or its area on any floor as shown
by the plan approved by the department before its
erection, except as provided in paragraph h.
h. Paragraphs f and g shall not apply to, or be deemed to
prohibit, any rear extension of the first story of any
converted dwelling permitted under the provisions of
section one hundred seventy-two.
3. Converted dwellings six stories or less in height may be
combined if such dwellings when combined conform to the
requirements of this subdivision.
a. No frame building shall be a part of any such
combination.
b. Every entrance hall, stair hall, public hall, stair and
stair enclosures shall be constructed of fireproof
materials throughout and every door opening therefrom
and door assembly shall be fireproof with the door self-
closing and without transoms. Every public hall shall
be at least three feet six inches in clear width and
enclosed with masonry walls not less than eight inches
in thickness. Every stair and stair hall shall be
constructed and arranged throughout as provided in
sections thirty-five, thirty-six, fifty and fifty-two,
and as provided in sections one hundred two, one
hundred five and one hundred six for fireproof
dwellings erected after April eighteenth, nineteen
hundred twenty-nine, and shall be at least three feet
in clear width with all landings at floor levels at
least three feet six inches in clear width. In every
combination of three or more such dwellings, fire-
stairs shall be located so that there shall be
horizontal access in the public hall from every
apartment to two or more fire-stairs, one or more of
which shall be within fifty feet horizontally in the
line of travel of one or more required means of egress
from such apartment. Every stair, fire-stair and fire-
tower shall extend to the roof through a fireproof
bulkhead constructed in compliance with the provisions
of section one hundred four for fireproof multiple
dwellings.
c. The ceiling of the cellar, or of the lowest story, if
there be no cellar, shall be fire-retarded.
d. There shall be at least two means of egress from every
apartment or suite of rooms containing three or more
living rooms. Such means shall be remote from each
other, with the first means opening to a public hall
which is connected with a stair not more than fifty
feet distant from such means of egress. The second
means of egress shall be directly accessible to a fire-
tower or fire-stair, or to an outside fire-escape.
e. No window to the outer air shall be required opening
from any public hall, vestibule, stair, or stair hall
artificially lighted and ventilated mechanically as
provided in section one hundred seven for fireproof
multiple dwellings. If any windows are provided, they
and their assemblies shall be fireproof and glazed with
wire glass, and if such windows are used in lieu of
mechanical ventilation and artificial lighting, they
shall also be arranged as provided for stairs and
public halls in non-fireproof multiple dwellings
erected after April eighteenth, nineteen hundred twenty-
nine.
f. No elevator shall be required, but should one be
installed it shall conform to the provisions of section
fifty-one relating to elevators and section one hundred
five for fireproof dwellings.
g. None of the combined dwellings shall be required to
comply with sections one hundred seventy-eight, one
hundred eighty-five, one hundred eighty-seven, one
hundred eighty-eight and one hundred ninety or with
subdivisions one, two and three of section one hundred
eighty-nine.
h. When any business is conducted in any portion of
dwellings so combined, the ceilings and walls of such
portion shall be fire-retarded and every door and door
assembly shall be fireproof with the door self-closing.
4. Nothing in this article shall be deemed to prohibit a
combination of class A and B occupancy in any converted
dwelling. If more than fifty per centum of the rooms therein
are used for class A occupancy, the dwelling shall be deemed
a class A dwelling, otherwise a class B dwelling.
TITLE 1
LIGHT AND AIR
Sec. 172. Yards and courts.
1. Except as provided in subdivision two, there shall be a yard
thirteen feet or more in depth across the entire lot in the
rear of every converted dwelling, or an outer court three
feet or more in width which alone or with any open space at
the rear of the dwelling equals the required area of such a
yard.
2. On a corner lot there shall be a yard ten feet or more in
depth across the entire lot. Such yard shall be thirteen
feet or more in depth for any part of the yard which is more
than sixty feet from any side street bounding such lot. The
provisions of this subdivision need not apply to a dwelling
situated on a corner lot if (a) the required windows of all
living rooms in such a dwelling open directly upon a street
(b) the height and bulk of the dwelling are not increased
and (c) the bulk of the dwelling above the first story is
not increased.
3. The bottom of a yard may be as high as but not above the
second tier of beams, provided the first story is used
exclusively for business purposes and there is no living
room in or below the first story; and provided also that
whenever any means of egress from the upper stories opens
into such yard, a portion of the yard ten feet or more in
depth and open from the ground up shall be maintained at the
rear of any extension of the dwelling.
4. In the rear of every converted dwelling on a corner lot an
extension of the dwelling over the yard may be built up to
the second tier of beams, provided such extension does not
obstruct any required means of egress from the upper
stories.
5. Except as provided in subdivisions three and four, the
required yard or court and unoccupied space shall be open
and unobstructed from the ground up.
6. The restrictions of this section and those of subdivisions
one and two of section one hundred seventy-one in regard to
bulk and volume shall not apply to extensions erected before
April thirteenth, nineteen hundred forty, in conformity with
the provision of a local zoning resolution which restricted
bulk and volume.
7. Nothing in this section shall be deemed to permit extensions
in the yards or courts of any converted dwelling, or to
permit business or commercial uses therein, which may be
contrary to any local zoning law, ordinance or regulation.
Sec. 173. Windows in rooms.
1. Except as provided in subdivision four of section one
hundred seventy-seven every living room shall have one or
more windows opening directly upon a street or upon a yard
or court with dimensions conforming to those specified in
section one hundred seventy-two, or upon an inner court or
shaft three feet nine inches or more in width and eight feet
or more in length.
2. Such windows shall be so located as to light properly all
portions of the room and in each room shall have an
aggregate glazed area of at least one-tenth of the floor
area of the room, unless in the opinion of the department
such room is already adequately lighted and ventilated. The
top of at least one window in each living room shall be
seven feet or more above the floor except when such room is
in the basement or on the top story, in which case the top
of at least one window shall be six feet or more above the
floor. Every such window shall be twelve square feet or more
in area, and shall be so constructed that one-half or more
of its area may be opened. However, such window need not be
twelve square feet in area provided that each room shall
have an aggregate glazed window area of at least one-eighth
of the superficial floor area of the room.
3. Whenever a basement conforming to the provisions of
subdivision four of section one hundred seventy-seven is
permitted to be occupied for living purposes, every living
room, bathroom, water-closet compartment, kitchen and
cooking space therein shall have one or more windows opening
directly upon a street; or upon a yard which is at every
point at least fifteen feet in depth and, above the window
sill level of the first story above the basement, at least
twenty feet; or upon a court at least two feet in width and
extending the entire depth of the lot from the street to the
yard. All such yards and courts shall be measured at the
ground level from the lot line to the building line opposite
on the same lot. The windows in each such room shall have an
aggregate glazed area of at least one-eighth of the total
floor area of the room, and in no event less than twelve
square feet. The top edge of the glazed area of every window
shall be nine inches or more below the finished ceiling and
one foot or more above the level of the adjoining ground.
Every such window shall be so constructed that one-half or
more of its area may be opened, and shall be so located as
to light and ventilate adequately all portions of the room.
4. Any room on a top story may be lighted and ventilated by a
skylight of the dimensions specified for windows and
arranged to provide ventilating openings of six square feet
or more. Such a skylight shall be accepted in lieu of a
window. Nothing in this subdivision shall be construed to
prohibit the installation of a skylight without ventilating
openings of six square feet or more, provided, however, that
such skylight shall be equipped with at least one hundred
forty-four square inches of ventilation and provided that
the glazed area of such skylight together with the glazed
area of any existing window shall be not less than one-
eighth the superficial floor area of such room.
5. When required by the department transoms, or louvres, or
partition sash to private halls or to adjoining rooms in the
same apartment shall be provided to secure thorough
ventilation, but no such transom or louvres or partition
sash shall be required in rooms having two windows opening
to the outer air if each window contains at least twelve
square feet of area nor in rooms having a mullioned window
with an aggregate area of at least twenty-four square feet.
Sec. 174. Size of rooms.
Every living room shall contain five hundred fifty cubic feet or
more of air, shall be at least six feet wide at its narrowest
part and shall have a minimum height of seven feet if such room
is in the basement, of seven feet at all points more than six
feet from the front of such room if it is on the top story, and
of eight feet if on any other story, except that whenever a
basement conforms to the provisions of subdivision four of
section one hundred seventy-seven the living rooms in such
basement may have a minimum height of six feet eight inches from
the finished floor to the bottom of any beams projecting below
the level of the finished basement ceiling and of seven feet to
the ceiling between such beams.
Sec. 175. Alcoves.
1. Every alcove, except a cooking space or foyer, shall be
deemed a living room and shall open into an immediately
adjoining living room which opens directly on a yard or
street and in buildings not over two stories in height, such
living room may open directly on an outer court or on a
court, not less than four feet in width, extending from
street to yard. Such an alcove shall be separately lighted
and ventilated, and of such size as provided for other
living rooms, unless it has an opening at least thirty-two
and one-half square feet or more in area opening into a
living room immediately adjoining.
2. No part of any room shall be enclosed or subdivided at any
time, wholly or in part, by a curtain, portiere, fixed or
movable partition or any other device unless each enclosed
or subdivided part meets all of the requirements for a
separate living room or a lawful alcove.
Sec. 176. Cooking spaces.
If space exists or is provided for cooking, such space shall
comply with the provisions of section thirty-three.
Sec. 177. Rooms in basements and cellars.
1. No room in any cellar shall be occupied for living purposes,
except as provided in subdivision six of section thirty-four
or in subdivision three of this section.
2. A room occupied for living purposes in a basement shall
comply with the requirements of sections one hundred seventy-
three and one hundred seventy-four except as provided in
subdivision four of this section.
3. Where more than sixty per centum of the height of a cellar
is below the level of the curb on which a dwelling faces,
but the floor of such cellar is approximately at the level
of the yard thereof and such yard is not less than thirty
feet in depth at every point, the department may permit the
use of such cellar for living purposes if it shall deem such
cellar adequately lighted and ventilated and habitable. When
permission is granted such a cellar shall be deemed a
basement.
4. The basement of a converted dwelling may be used for living
purposes without meeting the requirements of subdivisions
one and two of section one hundred seventy-three if such
dwelling meets the other applicable requirements of such
section and of this chapter, including the following:
a. Such a dwelling shall not exceed three stories,
including the basement, in height.
b. It shall be occupied by not more than one family on any
story, including the basement. For the purposes of this
subdivision a family shall not be deemed to include any
boarders, lodgers or roomers.
c. It shall have at least one court two feet or more in
width extending across the entire depth of the lot from
the street to the yard.
d. The department shall deem the basement to be adequately
lighted and ventilated, free of any dampness, sanitary
and habitable.
e. There shall be a separate water-closet compartment
within the basement apartment conforming to the
provisions of section two hundred.
f. Such dwelling shall not be required to comply with
section one hundred eighty-seven if a scuttle is
provided conforming to section one hundred eighty-
eight.
g. This subdivision is applicable only to buildings noted,
classified or recorded as such converted dwellings in
the department prior to January first, nineteen hundred
sixty-six.
5. Notwithstanding any provisions of this section or of
subdivision five of section three hundred, an apartment or
room in a cellar which was occupied for living purposes at
any time on or after October first, nineteen hundred fifty-
two may thereafter continue to be occupied for such purposes
until July first, nineteen hundred sixty-seven in accordance
with the conditions imposed by subdivision five of section
two hundred sixteen.
Sec. 178. Lighting and ventilation of stairs.
Where the stair and public halls are not provided on each story
with windows opening to a street, yard or court, a skylight
equipped with ridge ventilators having an opening of forty square
inches or more shall be provided in the roof over the stair,
except as otherwise provided in paragraph g of subdivision three
of section one hundred seventy-one. The glazed roof of such
skylight shall not be less in area than nine square feet nor less
than two feet in its least dimension, provided the ventilating
and glass areas in such skylight are not less than herein
required; except that in dwellings converted before April
eighteenth, nineteen hundred twenty-nine, where a skylight
smaller than such prescribed dimensions was in existence on such
date, no structural change shall be required, but a ventilating
skylight fitting the existing skylight opening in the roof beams
shall be deemed sufficient.
Sec. 179. Privacy.
In every apartment of three or more rooms in every class A
converted dwelling there shall be access to every living room
without passing through any bedroom, and to at least one water-
closet compartment within the apartment from every bedroom
without passing through any other bedroom.
TITLE 2
FIRE PROTECTION
Sec. 185. Cellar ceilings.
1. Except as provided in paragraph g of subdivision three of
section one hundred seventy-one, the ceiling of the cellar,
or of the lowest story if there be no cellar, shall be fire-
retarded unless such dwelling is three stories or less in
height and the ceiling has already been plastered in a
manner satisfactory to the department.
2. In lieu of the requirements set forth in subdivision 1.
hereof, buildings existing November first, nineteen hundred
forty-nine, in cities having a population between five
hundred thousand and one million having three stories or
less in height and containing no more than six families or
eight roomers or lodgers, with no human occupancy in the
cellar or basement may comply by:
I. providing two means of egress to any area of the third
floor used for human occupancy; and
II. providing approved safety controls on all fuel burning
devices in basement or cellar; and
III. fire-stopping of all openings in cellar or basement
ceiling or openings leading to the floors above from
cellar or basement such as, but not limited to, stud
channels, openings around conduits, soil and water
pipes, ducts, pipe chases, and by complying with either
IV or V hereof;
IV. providing an approved sprinkler system throughout entire
cellar or basement area; or
V. a. providing fire-retarded ceilings at the
first floor level; and
b. providing sprinkler head or heads above each hot
water heater, furnace and all other fuel burning
devices in basement or cellar; and
c. fire-stopping all the interior entrances to any
area of the third floor used for human occupancy
at the second floor level with fire-retarded
partitions, or equal construction, and a fire-
retarded self-closing door and assembly.
Sec. 186. Extension roofs.
The under-surface of the roof of any extension shall be fire-
retarded or sprinklered unless such ceiling has already been
plastered in a manner satisfactory to the department.
Sec. 187. Egress.
1. Except as provided in paragraph g of subdivision three of
section one hundred seventy-one, egress from every apartment
on each story shall be provided as follows:
a. If a dwelling is two stories or less in height, or if it is
three stories including a basement in height and conforms to
the conditions of subdivision four of section one hundred
seventy-seven, a single means of egress from each story to
the street shall be sufficient.
b. Every other dwelling shall have either two independent means
of egress or one means of egress equipped with a sprinkler
system.
c. At least one means of egress shall be a stair extending to
and through the roof by a bulkhead, except that a scuttle
may be used in lieu of a bulkhead if the dwelling does not
exceed a basement and three other stories in height, or if
it does not exceed a basement and four other stories in
height and is occupied by not more than two families on any
story, and except that no bulkhead or scuttle, or stair or
ladder leading thereto, shall be required where the roof is
a peak roof with a pitch of more than fifteen degrees.
d. Whenever a second means of egress is required, it
shall, except as provided in paragraph f, extend from
the entrance story to the roof, and shall be located
eight feet or more from the first means of egress
unless separated therefrom by a public hall or elevator
vestibule. Such second means of egress shall be
directly accessible at each story to each apartment
without having to pass through the first means of
egress.
e. A required second means of egress shall be either a
system of outside fire-escapes, constructed and
arranged as provided in section fifty-three for fire-
escapes erected after April eighteenth, nineteen
hundred twenty-nine, a fire-stair, a fire-tower or a
connection with an adjoining dwelling as provided in
paragraph f below.
f. If the department upon the application of the owner
shall deem it feasible and so permit, the owner shall
provide, and at all times maintain unobstructed, a
first means of egress extending by means of a stair
from the street through a bulkhead to the roof and
thence from the roof of such dwelling to the roof of an
adjoining dwelling and through such adjoining dwelling
to the street and a second means of egress from each
apartment to a room on the same story or level in an
adjoining dwelling by means of a balcony. Every such
balcony shall comply with the requirements for a fire-
escape balcony, except that its minimum clear width
shall be two feet instead of three feet. If at any time
such access to the street shall in the opinion of the
department be obstructed or be otherwise unsafe the
department shall revoke the permit, and upon such
revocation the owner shall provide one of the other
types of egress permitted in this section.
g. When the department shall find it impractical to erect
an independent fire-escape and shall refuse to permit
egress by means of balconies to an adjoining dwelling,
the department may permit the erection or use of a fire-
escape to which the occupants of such dwelling have
safe, unobstructed access in common with the occupants
of an adjoining dwelling.
h. Where a required means of egress leads to a yard less
than thirty feet in depth, except as provided in
paragraph f of subdivision four of section one hundred
seventy-seven, there shall be access from such yard to
the street through a court or fireproof passage, or to
the yard or court of adjoining premises by a gate or
door through an intervening fence, or, if the
department deems such gate or door impracticable and so
certifies, by a ladder to the top of an intervening
fence or wall or by such other means as the department
may require.
2. Where a sprinkler system is required such system shall be
equipped on each story with one or more automatic sprinkler
heads with fusible struts which shall be constructed to fuse
at a temperature not higher than one hundred sixty-five
degrees Fahrenheit and all of which shall be constructed,
located and arranged in every stair and entrance hall, and
in every closet opening therefrom, in such manner as the
department may require. Such system may be attached to the
city water supply main if the normal minimum pressure
thereon, measured in pounds per square inch at the street
level at the point of connection with said main, is not less
than the number of stories in the height of the dwelling,
multiplied by five, plus fifteen. If such normal minimum
pressure is less than the required amount or such system is
not attached to the city water supply main, it shall be
supplied with water from a tank located on the roof of the
dwelling of such capacity and construction as the department
may deem necessary. Such sprinkler system shall be
maintained continuously in good repair and serviceable
condition.
Sec. 188. Bulkheads and scuttles.
Except as provided in paragraph g of subdivision three of section
one hundred seventy-one, bulkheads and scuttles shall conform to
the following provisions:
1. Every required bulkhead to and through the roof shall be
fire-proof or constructed of wood covered with metal on the
outside and fire-retarded on the inside, and shall have a
fire-retarded door and assembly with the door self-closing.
Every stair extending through a bulkhead shall have a hand
rail.
2. Every scuttle shall be at least twenty-one inches in width
and twenty-eight inches in length, covered on the outside
with metal and provided with a stair or a stationary iron
ladder leading thereto and easily accessible to all
occupants of the dwelling. Every scuttle shall be located in
the ceiling of the stair hall on the top story and access to
the roof through the scuttle shall be direct and
uninterrupted. It shall be unlawful to enclose in any manner
the ladder or stair leading to a scuttle.
3. Every bulkhead door or scuttle shall not be self-locking and
shall be fastened on the inside with movable bolts, hooks,
or a lock which does not require a key to open from the
inside of the dwelling.
4. Where a dwelling has a peak roof with a pitch of more than
fifteen degrees, no bulkhead or scuttle, or stair or ladder
leading thereto, shall be required.
Sec. 189. Stair and public hall construction.
Except as provided in paragraph g of subdivision three of section
one hundred seventy-one, stairs and public halls shall conform to
the following provisions:
1. In a dwelling more than a basement and three other stories
in height or occupied by four families or more, the soffit
and stringers of every stair between the lowest entrance
story and the next higher story and the walls and ceilings
of every lowest entrance hall shall be fire-retarded and in
such dwellings converted on and after July first, nineteen
hundred fifty-eight, all doors opening to such entrance hall
and stairs, and the door assemblies, shall be fireproof with
the doors self-closing. In lieu of the requirements of this
subdivision, a sprinkler system may be installed in
accordance with the provisions of section one hundred eighty-
seven.
2. Every door opening from any stair, entrance hall or other
public hall to any other part of the dwelling shall be self-
closing. Every glazed transom over any such door shall be
glazed with wire glass. Every transom shall be stationary.
On and after July first, nineteen hundred fifty-seven, every
glazed panel or other glazed opening in any such door shall
be glazed with wire glass.
3. Every stair, except a basement or cellar stair, shall be two
feet six inches or more in clear width. Any wooden stair may
be replaced by an iron stair of like dimensions. Every
entrance hall shall be two feet eight inches or more in
clear width.
4. If the number of rooms in a class B dwelling is increased
and there are sixteen sleeping rooms or more above a
basement or, if there be no basement, above the main
entrance story, all partitions and ceilings enclosing public
halls and stairs shall be fire-retarded throughout. All
doors opening to such public halls and stairs, and their
assemblies, shall be fireproof with the doors self-closing.
Stairs shall be fireproof and shall extend from the main
entrance story through a bulkhead to the roof.
5. On and after July first, nineteen hundred fifty-seven, every
interior sash, or opening other than a door, in the walls or
partitions of any stair, entrance hall or other public hall,
and every window therein not opening to the outer air, shall
be removed and the openings closed up with material similar
to the adjacent walls.
Sec. 190. Cellar stairs.
1. Except as provided in paragraph g of subdivision three of
section one hundred seventy-one, and except as otherwise
provided in subdivision two hereof, every stair leading from
a cellar to the floor above shall be constructed of
incombustible materials, shall have closed risers, shall be
completely enclosed with partitions of incombustible
materials and shall be equipped at the bottom with a
fireproof door and assembly with the door self-closing.
2. Every existing stair leading from a cellar to the floor
above in a converted dwelling accepted or approved by the
department on or before July first, nineteen hundred sixty
shall be deemed in compliance with this section.
Sec. 191. Wainscoting.
Wainscoting in any stair or public hall shall be removed unless
such wainscoting is backed against a fire-retarded wall or the
stair or hall is equipped with a sprinkler system conforming to
the provisions of section one hundred eighty-seven. Where
wainscoting is removed in order to fire-retard a public hall or
stair, such wainscoting may be replaced or additional wainscoting
may be applied to make the surfaces of any new partitions or
walls conform to existing partitions or walls provided such
additional wainscoting is similarly backed with fire-retarded
materials.
Sec. 192. Cellar entrance.
a. If there is a cellar, there shall be an independent entrance
thereto from outside the dwelling by means of a metal fire
ladder or fireproof stair leading to an opening in the
outside cellar wall at least two feet six inches in width
and six feet in height. Such entrance to the cellar may be
through an areaway or through a fireproof passageway leading
directly to the street. The entrance to the cellar may be
closed off with a grating or doors which shall not be locked
or bolted unless they can be readily unbolted or unlocked
from the inside without a key and shall be arranged and
constructed so as to be readily opened at all times.
b. In lieu of the requirements set forth in subdivision a
hereof, buildings existing November first, nineteen hundred
forty-nine in cities having a population between five
hundred thousand and one million may comply with the
following:
1. shall have an unobstructed entrance through a yard or
court from a street:
(a) directly to exterior dwelling entrance with
interior entrance to basement or cellar direct
from said entrance, or from a fire retarded public
hall or stair landing, and
(b) to one or more cellar or basement walls containing
accessible windows.
2. The stairway leading to cellar or basement shall be
enclosed with fire retarded partitions or equal
construction and shall have a minimum fire rating of
one hour. Said cellar or basement entrance shall be
equipped with a one hour self-closing fire door
assembly.
Sec. 193. Frame buildings.
No frame building shall be erected or maintained upon the same
lot with a dwelling converted after April twenty-eighth, nineteen
hundred thirty, nor shall any frame building not occupied on
April thirteenth, nineteen hundred forty, as a multiple dwelling
be altered or converted to such use; except that if the walls of
a frame converted dwelling are faced with a veneer of brick and
the entrance story is occupied by not more than one family, such
entrance story may be altered so that it may be occupied by two
families.
Sec. 194. Sprinkler heads in rooms.
1. On and after July first, nineteen hundred fifty-seven, in
every room used for class B occupancy whether in a class A
or class B non-fireproof converted dwelling, there shall be
one or more sprinkler heads. Such sprinkler heads shall be
installed in accordance with the supplementary rules and
regulations of the department. This requirement shall not
apply to dwellings which have a required second means of
egress.
2. The requirements of this section shall not apply to a
dwelling located within an area designated on the master
plan as an area suitable for development and redevelopment,
provided (a) that the agency in charge of such clearance
shall have certified to the department on or before February
first, nineteen hundred fifty-nine that the dwelling will be
demolished within one year after the service of notice of
violation and (b) that the dwelling is not in violation of
any rules and regulations relating to overoccupancy, egress
or fire protection. Such temporary exemption from the
requirements of this section may be extended for an
additional period of not more than six months upon renewal
of such certification of demolition and safety.
TITLE 3
SANITATION
Sec. 200. Water-closets.
Water-closet compartments or bathrooms containing water-closets
in converted multiple dwellings shall comply with the applicable
provisions of section seventy-six.
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ARTICLE 7
TENEMENTS
Section 210. Application of article seven
and other provisions to tenements.
TITLE 1
LIGHT AND AIR
Section 211. Height and bulk.
212. Yards and courts.
213. Lighting and ventilation of rooms.
214. Size of rooms.
215. Alcoves.
216. Rooms in basements and cellars.
217. Lighting and ventilation of
public halls and stairs.
218. Alterations.
TITLE 2
FIRE PROTECTION
Section 230. Chimneys and fireplaces.
231. Egress.
232. Fire-escapes.
233. Bulkheads and scuttles.
234. Stairs and public halls.
235. Stairs in non-fireproof tenements.
236. Stairs in fireproof tenements.
237. Stair construction.
238. Stair and entrance halls.
239. Tower fire-escapes and
supplemental stairs.
240. First tier of beams.
241. Partitions; fire-stopping.
242. Cellar and basement stairs in
non-fireproof tenements.
243. Cellar and basement stairs in
fireproof tenements.
244. Spaces under stairs.
245. Cellar entrance.
TITLE 2-A
SINGLE ROOM OCCUPANCY
Section 248. Single room occupancy.
TITLE 3
SANITATION
Section 250. Water-closets.
251. Vent flues.
252. Privacy.
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Sec. 210. Application of article seven and other provisions to
tenements.
Except as provided in section two hundred forty-eight, the
provisions of this article shall apply only to tenements, as
defined in subdivision eleven of section four, occupied as such
before April eighteenth, nineteen hundred twenty-nine. Unless in
this article otherwise specifically prescribed, none of its
provisions shall be deemed to require any structural alteration
in any tenement erected after April eleventh, nineteen hundred
one and lawfully occupied as such on April eighteenth, nineteen
hundred twenty-nine. Nothing in this article shall apply to
converted dwellings. In addition to the provisions of this
article, the following enumerated articles and sections shall, to
the extent required therein, apply to tenements:
Article 1. Introductory provisions; definitions
2. Miscellaneous application provisions
7-a. Temporary provisions
8. Requirements and remedies
9. Registry of names and service of papers
10. Prostitution
11. Laws repealed; saving clause; legislative
intent; effect
Sec. 28. Two or more buildings on same lot
29. Painting of courts and shafts
31. Size of rooms--subdivision six
33. Cooking spaces
34. Rooms in basements and cellars
35. Entrance doors and lights
37. Artificial hall lighting
51. Shafts, elevators and dumbwaiters
52. Stairs
53. Fire-escapes
55. Wainscoting
56. Frame buildings and extensions
57. Bells; mail receptacles
58. Incombustible materials
59. Bakeries and fat boiling
60. Motor vehicle storage
61. Business uses
62. Parapets, guard railings and wires--
subdivision two
75. Water supply
76. Water-closet and bath accommodations
77. Plumbing and drainage
78. Repairs
79. Heating
80. Cleanliness
81. Receptacles for waste matter
83. Janitor or housekeeper
TITLE 1
LIGHT AND AIR
Sec. 211. Height and bulk.
1. No tenement shall be increased in height so that its height
shall exceed by more than one-half the width of the widest
street upon which it stands. Except as otherwise provided in
subdivision four of this section, no non-fireproof tenement
shall be increased in height so that it shall exceed five
stories, except that any tenement may be increased to any
height permitted for multiple dwellings erected after April
eighteenth, nineteen hundred twenty-nine, if such tenement
conforms to the provisions of this chapter governing like
multiple dwellings erected after such date.
2. If there are bulkheads, superstructures or penthouses
exceeding ten feet in height or exceeding in aggregate area
ten per centum of the area of the roof, the measurement of
height shall be taken to the top of such bulkhead,
superstructure or penthouse, except that this shall not
apply to elevator enclosures not exceeding twenty-three feet
in height used solely for elevator purposes, nor to open
pergolas or similar open ornamental treatment of roof-
gardens or playgrounds.
3. In a fireproof tenement house in which one or more passenger
elevators are operated, penthouses may be erected on the
main roof. Such penthouses shall be set back at least five
feet from the front walls and ten feet from the rear walls
of the dwelling and at least three feet from any court wall.
Such penthouses shall have a clear inside height of not less
than nine feet from finished floor to finished ceiling, and
shall not exceed twelve feet in height from the high point
of the main roof to the highest point of the penthouse roof.
Such penthouses shall not be deemed to affect the
measurement of height of the dwelling. All such penthouses
shall be entirely fireproof except that windows shall not be
required to be glazed with wire glass.
4. Any non-fireproof old-law tenement five stories in height
may be increased in number of stories to six provided that
such increase in number of stories does not result in an
increase in the height of the roof beams above the curb
level. In any tenement so altered, the first floor above the
lowest cellar, or, if there be no cellar, above the basement
or other lowest story, shall be fireproof. Any yard or court
of such altered tenement shall not be less in any dimension
than the minimum dimensions prescribed in section twenty-
six.
Sec. 212. Yards and courts.
1. No tenement shall be enlarged or its lot diminished in any
way which would leave any yard or court less in any
dimension than the minimum dimensions prescribed for yards
or courts in section twenty-six.
The restrictions of this subdivision shall not apply to
tenements erected after April twelfth, nineteen hundred one,
on lots which run through from one street to another street
and do not exceed one hundred feet in depth.
2. Any court constructed on or after December fifteenth,
nineteen hundred sixty-one in a tenement to ventilate any
room, public hall, water-closet compartment or bathroom
shall be of the dimensions prescribed in section twenty-six,
and such court shall under no circumstances be roofed or
covered over at the top. Every such court, if an inner
court, shall be provided at the bottom with one or more
horizontal air-intakes constructed as provided in section
twenty-six.
3. Any shaft or court constructed after April eighteenth,
nineteen hundred twenty-nine, which is used to light or
ventilate any room occupied for living purposes in any old-
law tenement shall be at least twenty-five square feet in
area and four feet in width in every part, and shall under
no circumstances be roofed or covered over at the top. Every
such shaft shall be provided at the bottom with a horizontal
air-intake or duct at least four square feet in area
communicating directly with a street or yard and so arranged
as to be easily cleaned.
4. In every old-law tenement there shall be a door at the
bottom of every shaft and inner court giving access to the
shaft or court and whenever the shaft or inner court is less
than two hundred square feet in area or ten feet in any
dimension, such door and its assembly shall be fireproof
with the door self-closing. Where a window or door existing
on April eighteenth, nineteen hundred twenty-nine, gives
proper access to such a shaft or court, such window or door
shall be deemed sufficient.
Sec. 213. Lighting and ventilation of rooms.
1. No tenement, its lot or any room, public hall or stairs
therein shall be so altered as to have its light or
ventilation diminished in any way not approved by the
department.
2. In every tenement erected after April twelfth, nineteen
hundred one, every stair hall, public hall and living room
and at least one water-closet compartment or bathroom
containing a water-closet in each apartment, shall have at
least one window opening directly upon a street or upon a
lawful yard or court existing on April eighteenth, nineteen
hundred twenty-nine. Such window shall be so located as to
properly light all portions of such hall, room or
compartment. Every part of an apartment of three rooms or
less in such a tenement shall be within eighteen feet of a
street or yard or have a window opening upon a lawful inner
or outer court existing on April eighteenth, nineteen
hundred twenty-nine. When a room in a tenement opens upon an
inner court on a lot line and less than ten feet wide from
the lot line to the opposite wall of the dwelling, such room
shall be provided with a sash window communicating with
another room in the same apartment. Such window shall
contain at least ten square feet of glazed surface and be
made so as to open readily.
3. No room in any old-law tenement shall be occupied for living
purposes unless it meets the conditions in one of the
following paragraphs:
a. Such room has a window opening directly upon a street,
or upon a yard at least four feet in depth, or above
the roof of an adjoining building, or upon a court or
shaft at least twenty square feet in area open to the
sky.
b. Such room is located on the top story and is adequately
lighted by a ventilating skylight opening directly to
the outer air.
c. Such room has a sash window opening directly into an
immediately adjoining room in the same apartment which
latter room opens directly on a street or yard at least
four feet in depth. Such window shall have a vertically
sliding pulley-hung sash not less than three feet by
five feet, except that when it is impossible to
construct a window of such size, the department may
permit such window to be narrower. Both halves of the
sash shall be made so as to open readily, and the lower
half shall be glazed with translucent glass, or with
obscure wire glass if the department shall so require.
So far as possible such window shall be in line with
windows in outer rooms opening on a street or yard, so
as to afford a maximum of light and ventilation.
d. Such room has an alcove opening, of no less dimension
than required for such a sash window, to such an
adjoining room, in addition to the usual door openings.
4. In every existing tenement the department, in addition to
the requirements of subdivision four of section eighty, may,
as often as it deems necessary, require the walls and
ceilings of every room that does not open directly on a
street to be kalsomined or painted white to improve the
lighting of such room.
5. Notwithstanding anything in this section to the contrary, no
room in any old-law tenement in an apartment which is vacant
on June thirtieth, nineteen hundred sixty, or thereafter
becomes vacant, and, on and after June thirtieth, nineteen
hundred seventy no room in any old-law tenement shall be
used for living purposes unless such room shall have a
window opening directly upon the street, or upon a yard not
less than four feet deep, or above the roof of an adjoining
building, or upon a court or shaft of not less than twenty
square feet in area, open to the sky without roof or
skylight, unless such room is located on the top floor and
is adequately lighted and ventilated by a skylight opening
directly to the outer air.
An alcove shall be deemed to comply with the requirements of
this subdivision if (1) it opens directly into an
immediately adjoining room in the same apartment, and (2)
such adjoining room opens directly on a street or yard, and
(3) a single unbroken open space occupies at least sixty per
centum of the area of the vertical plane between the alcove
and such adjoining room. The required open space between any
such alcove and an adjoining room through which it receives
light and ventilation shall not be obstructed by any
curtain, portiere, fixed or movable partition or other
contrivance or device.
Sec. 214. Size of rooms.
1. In every tenement erected after April twelfth, nineteen
hundred one, the sizes of living rooms shall meet the
following requirements:
a. In each apartment there shall be at least one living
room containing at least one hundred twenty square feet
of clear floor area, and every other living room except
a kitchen shall contain at least seventy square feet of
clear floor area.
b. Every living room which contains less than eighty
square feet of clear floor area or which is located in
the cellar or basement shall be at least nine feet
high, and every other living room at least eight feet
high; these measurements to be taken from finished
floor to finished ceiling.
c. Every living room shall have a least horizontal
dimension of at least six feet and, if the tenement was
erected after April eighteenth, nineteen hundred
twelve, of at least seven feet; except that the minimum
horizontal dimension of any kitchen and of a maid's or
servant's sleeping room in a fire-proof tenement in
which one or more passenger elevators are operated,
shall be six feet.
2. In any tenement, apartments containing three or more rooms
may have dining bays, which shall not exceed fifty-five
square feet in floor surface area and shall not be deemed
separate rooms or subject to the requirements for separate
rooms or alcoves. Every such dining bay shall be equipped
with such appropriate permanent fittings as may be required
by the department and shall also be provided with at least
one window opening directly upon a street or upon a yard or
court which was lawful on April eighteenth, nineteen hundred
twenty-nine. The area of such window shall be one-eighth at
least of the floor surface area of such dining bay. No
dining bay shall be permitted in any apartment containing
less than three rooms.
Sec. 215. Alcoves.
No part of any room shall be enclosed or subdivided, wholly or in
part, by a curtain, portiere, fixed or movable partition or other
contrivance or device unless each such enclosure or subdivision
shall contain a separate window conforming to the provisions of
section thirty for rooms in multiple dwellings erected after
April eighteenth, nineteen hundred twenty-nine, and have a clear
floor area of at least seventy square feet.
Sec. 216. Rooms in basements and cellars.
No room in the basement or cellar of any tenement shall be
occupied for living purposes unless there is a written permit
therefor as provided in subdivision five of section three hundred
and it either is part of an apartment which complies with the
conditions of subdivision six of section thirty-four or complies
with the following conditions:
1. a. There shall be appurtenant to every such room a
water-closet constructed and accessible in accordance
with the provisions of section seventy-six for
dwellings erected after April eighteenth, nineteen
hundred twenty-nine.
b. Every such room and all cellars and basements shall be
lighted and ventilated to the satisfaction of the
department.
2. If such room is in a tenement erected after April twelfth,
nineteen hundred one:
a. Such room shall be at least nine feet high in every
part from floor to ceiling.
b. Every part of the ceiling of such room shall be at
least four feet six inches above the curb level of the
street in front of such part when such room or the
apartment containing it is located in the front part of
the dwelling, and at least two feet above such curb
level in front of the dwelling when such room or the
apartment containing it is located in the rear of the
dwelling and the yard is less than sixty feet in depth
and does not extend to a street along its entire width.
c. The level of any yard or court upon which such a room
or apartment opens shall conform to the requirements of
subdivision eight of section twenty-six.
d. Every such room shall have a window opening upon a
street, yard or court, and shall be an integral part of
an apartment containing a room with a window opening
directly upon a street or yard or upon an outer court
at least eighteen feet in width and not more than
thirty feet in depth or upon a larger outer court whose
depth does not exceed its width by more than one-half.
e. Except when the yard is sixty feet or more in depth
there shall be not more than one apartment in any
cellar. It shall contain not more than five rooms and
bath, and no such room shall open upon any court less
than five feet six inches in width. Every part of such
apartment shall either be located within twenty-five
feet of the inner line of the front or rear wall of the
dwelling or have a window opening upon a court which is
at least twelve feet in width. No other rooms in the
cellar shall be occupied for living purposes.
f. The area of every window in such a room shall be at
least twelve square feet, and the total area of windows
in every such room shall be at least one-eighth of the
total floor area of the room. At least half of each
window shall be made to open, and the top of each
window shall be within twelve inches of the ceiling.
g. All walls enclosing such room shall be dampproof and
its floor dampproof and waterproof. The dampproofing
and waterproofing shall run through and up the walls to
the ground level.
h. The entire cellar, or lowest story if there be no
cellar, shall be properly constructed so as to prevent
dampness or water from entering.
3. If such room is in the cellar of any old-law tenement either
the conditions enumerated in subdivision two or the
following conditions shall be complied with:
a. Such room shall be at least eight feet high in every
part from floor to ceiling.
b. Every part of the ceiling of every such room shall be
at least four feet above the surface of the street in
front of every part of such room, or at least half the
height of such room shall be everywhere above the
highest level of the ground outside of and adjoining
every part of the exterior wall of such room for a
distance of thirty feet measured at a right angle to
the outer surface of such wall.
c. Such adjoining ground shall be effectively drained and
shall be open and unoccupied in every part.
d. Such room shall have a window or windows opening
directly to the required unoccupied area of ground
outside of and adjoining such room or to a street or
yard. Every such window shall be made so as to open
readily and such window or windows shall provide at
least twelve square feet of clear openings for
ventilation.
e. Such room shall be thoroughly dry and fit for human
habitation.
f. If the tenement is over marshy ground, or ground on
which water lies or on which there is upward water
pressure, the entire cellar, or lowest story if there
be no cellar, shall be made dampproof and waterproof.
4. If such room is in the basement of any old-law tenement the
provisions of subdivision one and in addition the provisions
of subdivision two or of subdivision three, or the
provisions of paragraph f of subdivision three and of either
of the following paragraphs, shall be complied with:
a. Such room shall be everywhere seven feet or more in
height from floor to ceiling and occupied solely by a
family which occupies the entire story above, and such
room shall not be used for sleeping purposes; or
b. Such room shall be everywhere seven feet six inches or
more in height from floor to ceiling and shall have a
window or windows opening directly to a street, or to a
yard at least twelve feet in depth, or to a court at
least six feet in its least dimension and twelve feet
in its greatest dimensions; every such windows shall be
made so as to open readily; such window or windows
shall provide at least twelve square feet of clear
opening for ventilation, and the apartment containing
such room shall have one or more rooms opening upon a
street or yard.
5. Notwithstanding any provisions of this section or of
subdivision five of section three hundred of this chapter,
an apartment or room in a cellar or basement which was
occupied for living purposes on April first, nineteen
hundred fifty-three may thereafter continue to be occupied
for such purposes until July first, nineteen hundred sixty-
seven, upon the issuance of a joint certificate by the
department and the department of health. Such certificate
shall be renewed for any such apartment or room which
continues to be occupied in an old-law tenement after June
thirtieth, nineteen hundred fifty-seven. The certificate
shall indicate their joint belief that such occupancy is not
detrimental to life and health with due regard to the
following conditions:
a. that the apartment or room is reasonably lighted and
ventilated,
b. that adequate sanitary facilities are provided,
including water supply and water closet accommodations,
c. that the premises are clean and free from rodents and
vermin,
d. that the walls and ceilings are sound and reasonably
free of dampness and there is a minimum of seven feet
in height from floor to ceiling,
e. that the apartment or room is adequately heated from a
central heating system or by other approved means,
f. that the structural arrangement, including egress
facilities, of the apartment or room does not
constitute a fire hazard,
g. that notwithstanding the provisions of this
subdivision, any apartment occupied pursuant to the
provisions of this subdivision which becomes vacant on
or after June first, nineteen hundred fifty-five shall
not thereafter be occupied for dwelling purposes. This
paragraph shall also apply to any room which becomes
vacant on or after June first, nineteen hundred fifty-
six.
Sec. 217. Lighting and ventilation of public halls and stairs.
1. In every tenement erected after April twelfth, nineteen
hundred one, which exceeds four stories in height or is
occupied by three families or more on any story, every
public hall shall have at least one window opening directly
upon a street, yard or court. Such window shall be located
at the end of the hall and at right angles to its length,
with an additional window in each thirty feet of hall or
fraction thereof beyond the first sixty feet from such end
window if the tenement was erected after April eighteenth,
nineteen hundred twelve; or, if the window is not thus
located at the end of the hall, there shall be at least one
window opening directly upon a street, yard or court in
every twenty feet of the length of the hall or fraction
thereof, measured from one end of hall; but the foregoing
provisions shall not apply to that portion of an entrance
hall between the entrance and the first flight of stairs if
the entrance door contains five square feet or more of
glazed surface.
2. When the length of any recess or return off of a public hall
in such a tenement does not exceed twice its width, no
window shall be required therein. But wherever the length of
a recess or return exceeds twice its width there shall be an
additional window or windows meeting the requirements for a
separate public hall.
3. Except as provided in subdivision four, a tenement erected
after April twelfth, nineteen hundred one, which is four
stories or less in height and occupied by not more than two
families on any story shall either have windows in its
public halls as above provided or a stairwell twelve inches
or more in width extending from the entrance story to the
roof. In such a tenement, except as provided in subdivision
four, every entrance door shall contain five square feet or
more of glazed surface, and all doors leading from the
public halls shall be provided with translucent glass panels
five square feet or more in area for each door and fixed
transoms of translucent glass over each door.
4. Neither such windows nor such a stairwell shall be required
in cities of one million or more population in tenements
which do not exceed three stories in height or fifty-five
feet in depth and which are occupied by not more than one
family on any story and in which the stairs descend in a
straight and continuous run from the top story to the
entrance story with proper landings at each story. Such
tenements shall not be required to have glass panels or
transoms in the doors leading from the public halls.
5. In every public hall that is provided with a window or
windows in a tenement erected after April twelfth, nineteen
hundred one, at least one such window shall be at least two
feet six inches wide and five feet high.
6. In every such tenement there shall be provided, at every
floor level, a window opening upon a street, yard, court or
space above a setback to light and ventilate every stair.
Every such required window shall be of the size required by
subdivision five, except that a window opening upon a street
need be only four feet high. On the top story a ventilating
skylight of the same dimensions shall be accepted in lieu of
a window for that story.
7. In every such tenement there shall be in the roof, directly
over each stairwell, a ventilating skylight provided with
ridge ventilators having an opening of at least forty square
inches, or provided with fixed or movable louvres. The roof
of every such skylight shall have at least twenty square
feet of glazed surface. If the stairs and public halls are
not provided at each story with windows opening directly to
the outer air, the skylights shall be provided with ridge
ventilators and also with fixed or movable louvres or
movable sashes.
8. A sash door shall be deemed the equivalent of a window for
the purposes of this section if it contains the amount of
glazed surface prescribed for such windows.
9. In all old-law tenements the public halls and stairs shall
be provided with such skylights, ventilators, windows in
bulkheads or other means of lighting and ventilation as may
be deemed practicable by the department.
10. All skylights installed in old-law tenements after April
eighteenth, nineteen hundred twenty-nine, shall be provided
with ridge ventilators having an opening of at least forty
square inches and also with fixed or movable louvres or with
movable sashes. They shall be of such size as may be
determined to be practicable by the department, and the
roofs of such skylights shall be glazed with plain glass
equipped with suitable wire screen above and below.
11. Whenever a public hall in any old-law tenement four stories
or more in height is not light enough in the daytime to
permit a person to read in every part thereof without the
aid of artificial light, every door at the end of such hall
or opening therefrom into a room shall have a wire glass
panel or panels of an aggregate area of at least four square
feet; or in lieu thereof such hall may be lighted by a
window or windows opening upon a street or upon a lawful
yard, court or shaft, with the plane of each such window at
right angles to the length of the hall. In any such tenement
any public hall or stair which is not provided with a window
opening directly upon a street or yard and which is not
sufficiently lighted in the opinion of the department shall
be provided by the owner with artificial light, which shall
be kept burning at all times.
12. Any part of a public hall that is shut off from any other
part of such hall by a door or doors shall be deemed a
separate hall for the purposes of this section.
Sec. 218. Alterations.
1. Any non-fireproof tenement erected after May fifteenth,
nineteen hundred two, having apartments extending from
street to yard and having one or more outer courts on a side
lot line four feet or more in width or inner courts which
alone or together with adjoining courts are eight feet or
more in width and twelve feet six inches or more in depth,
may be altered into apartments opening either on the street
or the yard, provided all such altered apartments also have
windows opening on such a court. All such altered apartments
shall be provided with a second means of egress as required
by section two hundred thirty-one. The entrance and stair
halls of such tenement shall be fire-retarded.
2. No room in the cellar or basement of any tenement shall be
constructed or altered to be occupied for living purposes
unless all of the conditions of section thirty-four and of
subdivision eight of section twenty-six in regard to
multiple dwellings erected after April eighteenth, nineteen
hundred twenty-nine, are complied with, except that the
minimum depths of yards and courts prescribed for tenements
in subdivision one of section two hundred twelve shall be
substituted for the minimum depths referred to in section
thirty-four.
3. Any additional room or hall constructed or created in a
tenement shall comply in all respects with the provisions of
this article respecting rooms or halls in tenements erected
after April eighteenth, nineteen hundred twelve, except that
in any tenement erected after April fourteenth, nineteen
hundred three, such rooms or halls may be of the same height
as the other rooms or halls on the same story.
4. The number of apartments or suites of rooms on any story in
any tenement erected after April twelfth, nineteen hundred
one, may be altered so as to increase or decrease the number
of living rooms provided such dwelling shall conform with
the applicable provisions of sections two hundred thirty-
five and two hundred thirty-six.
5. If the number of apartments or suites of rooms in any old-
law tenement is increased, the entrance hall and both sides
of the walls of the stair halls adjoining the altered
apartment shall be fire-retarded, the stairs shall extend to
the roof and there shall be no inside stairs from the
entrance story to a cellar, or to a basement or other story
below the entrance story. However, such inside stair may be
permitted provided such stair is constructed of
incombustible material, has closed risers, is enclosed
between the entrance story and the next lowest story with
fireproof materials having a standard fire-resistive rating
of at least three hours, and has fireproof doors and door
assemblies at the top and bottom with the doors and door
assemblies at the top and bottom with the doors self-
closing. The soffit of any stair immediately above an inside
cellar stair shall be fire-retarded and the jib partitions
enclosing such cellar stair at the first story shall be of
incombustible material or fire-retarded on both sides with
materials having a standard fire-resistive rating of at
least one hour.
6. If any old-law tenement shall be so altered as to increase
the number of rooms therein by one-third or more, or if such
tenement is increased both in number of rooms and in height
and after such alteration is more than four stories or parts
of stories above the curb level, or if such tenement is over
three stories in height and is combined with another old-law
tenement and the combined area on any story exceeds three
thousand square feet, the stair halls, entrance halls and
other public halls of the whole dwelling shall be made to
conform to the requirements of subdivision two of section
two hundred thirty-three and sections two hundred thirty-
four to two hundred thirty-eight inclusive, except that such
combined tenements, if over three stories in height, shall
have in the roof a fireproof bulkhead with a fireproof self-
closing door.
7. In lieu of fire retarding required under subdivision five,
there may be installed in public halls an automatic dry pipe
valve system or, where halls are heated, an automatic wet
pipe system. Where a sprinkler system is installed it shall
be equipped on each story with heads in such number and
spaced to protect the complete area of the public halls and
stairs and shall be constructed, located and arranged on
every stair and entrance hall and in every closet opening
therefrom in such a manner as the department may require.
Such sprinkler system shall be maintained continuously in
good repair and serviceable condition.
TITLE 2
FIRE PROTECTION
Sec. 230. Chimneys and fireplaces.
In every existing tenement which is not heated from a central
heating plant there shall be adequate flues or chimneys through
every floor with a fireplace or place for a stove properly
connected with one of such flues or chimneys for every apartment.
Sec. 231. Egress.
1. Every non-fireproof tenement exceeding two stories in height
and every fireproof tenement erected after May sixteenth,
nineteen hundred thirteen, shall have at least two
independent means of egress, which shall extend from the
ground story to the roof, be located remote from each other
and be separated from each other by walls.
2. One of such means of egress shall be a flight of stairs
constructed as provided in sections two hundred thirty-three
to two hundred thirty-eight inclusive; but this sentence
shall not be construed to require any alteration in the
material or width of any stair or its treads and risers
lawfully permitted on April eighteenth, nineteen hundred
twenty-nine.
3. The other required means of egress shall be directly
accessible at each story to each apartment without having to
pass through the first means of egress. Such other means of
egress shall be any one of the following, as the owner may
elect:
a. A system of outside fire-escapes constructed as
provided in section fifty-three.
b. An additional stair, either inside or outside,
constructed and arranged as provided in sections two
hundred thirty-three to two hundred thirty-eight
inclusive.
c. A fire-tower or fire-stair constructed and arranged as
provided in section two hundred thirty-nine.
d. Except as provided in subdivision nine of section fifty-
three, any means of egress lawfully permitted on April
eighteenth, nineteen hundred twenty-nine, except wire,
chain, cable, vertical ladder, or rope fire-escapes.
Sec. 232. Fire-escapes.
1. All fire-escapes erected after April eighteenth, nineteen
hundred twenty-nine, shall be arranged and constructed in
conformity with the provisions of section fifty-three.
2. As specifically indicated in subdivision nine of section
fifty-three, a wire, chain, cable, vertical ladder, or rope
fire-escape is an unlawful means of egress from any
apartment. Every such fire-escape shall be removed and
replaced, if required as a means of egress, by a system of
fire-escapes constructed and arranged as provided in section
fifty-three.
Sec. 233. Bulkheads and scuttles.
1. Every tenement, except as in this section otherwise
provided, shall have in the roof a fireproof bulkhead with a
fireproof door and after January first, nineteen hundred
fifty-seven, the door shall be self-closing. Bulkheads
existing on April eighteenth, nineteen hundred twenty-nine,
shall be lawful and may be replaced or repaired with
material conforming to the material of which such bulkhead
consisted on such date.
2. A bulkhead in the roof of an old-law tenement which is more
than a basement and four other stories in height or which is
a basement and four other stories in height and occupied by
three or more families on any story, may be of wood covered
with metal on the outside and fire-retarded on the inside.
Such a bulkhead shall be equipped with a fire-retarded door
and assembly with the door self-closing.
3. In any old-law tenement which is four stories or less in
height or which is a basement and four other stories in
height and occupied by not more than two families on any
story, no bulkhead shall be required provided such tenement
is equipped with a scuttle located in the ceiling of a
public hall on the top story and with access thereto direct,
uninterrupted and easily accessible to all tenants. All such
scuttles shall be at least twenty-one inches in width and
twenty-eight inches in length. They shall be constructed so
as to be readily opened, covered on the outside with metal
and provided with stairs or stationary iron ladders leading
thereto.
4. Every required stair in every tenement erected after April
eighteenth, nineteen hundred twelve, which is more than a
basement and three other stories in height shall extend to
and through a bulkhead in the roof. Such bulkhead shall have
a fireproof door and assembly with the door self-closing and
may be constructed of wood covered with metal on the outside
and fire-retarded on the inside.
5. Stairs leading to required bulkheads shall be fireproof and
constructed as specified in sections two hundred thirty-four
to two hundred thirty-eight inclusive, except that any such
stairs existing on April eighteenth, nineteen hundred twenty-
nine, shall be permitted without alteration, and that any
such stairs constructed after such date in any old-law
tenement may have such width and angle of ascent, and risers
and treads of such dimensions, as approved by the
department. All stairs to required bulkheads shall be
provided with a guide or hand rail.
6. Bulkhead doors and scuttles shall not be self-locking, and
shall be fastened on the inside with movable bolts, hooks,
or a lock which does not require a key to open it from the
inside of the dwelling. All key locks are unlawful and where
existing shall be removed.
Sec. 234. Stairs and public halls.
1. In every tenement erected after April eighteenth, nineteen
hundred twelve, all stairs shall extend from the entrance
story to the roof, except as otherwise provided in section
two hundred thirty-three, and the stairs and public halls
shall each be at least three feet in clear width. Every
apartment in such a tenement shall be directly accessible at
each story to such stairs and public halls, and every story
of such apartment shall be so accessible to such a stair and
public hall or to a tower fire-escape or stairway, as
provided in this section and sections two hundred thirty-
five to two hundred thirty-nine inclusive.
2. In every tenement erected after April twelfth, nineteen
hundred one, except as provided in paragraph b of
subdivision two of section two hundred thirty-eight, all
stairs and public halls shall be completely separated from
all other stairs and from every elevator by brick walls or
partitions of terra cotta blocks at least four inches thick,
or hollow cement blocks at least four inches thick which
have successfully withstood a three-hour standard fire test
and been approved by the department and have fireproof doors
and assemblies with the doors self-closing at all openings.
From any portion of a public hall in such a tenement there
may be a recess which shall not be deemed a public hall if
the walls, floor and ceilings enclosing it are fire-retarded
and such recess is at all times adequately lighted by
electric lights of at least fifteen watts or equivalent
illumination. Such a recess shall not be more than twenty
feet long and shall not be used as a means of egress from
more than three apartments.
Sec. 235. Stairs in non-fireproof tenements.
1. Every non-fireproof tenement erected after May fifteenth,
nineteen hundred two, containing more than twenty-six
apartments or suites of rooms above the entrance story shall
have an additional stair for every additional twenty-six
apartments or suites or fraction thereof; except that if
such tenement contains not more than thirty-six apartments
above the entrance story, in lieu of an additional stair the
stairs, stair halls and entrance halls throughout the entire
tenement may each be at least one-half wider than is
specified in sections two hundred thirty-four, two hundred
thirty-seven and two hundred thirty-eight.
2. The number of apartments on any story in any non-fireproof
tenement may be altered, if the number of living rooms on
such story is not increased by more than twenty per centum.
If the number of living rooms on any story or section
thereof above the entrance story exceeds twenty, there shall
be an additional stair for each twenty rooms or fraction
thereof on any such story or section thereof, except that if
the number of living rooms on any such story or section does
not exceed thirty, in lieu of an additional stair one stair
and every public hall connected therewith may be at least
one-half wider than is specified in sections two hundred
thirty-four, two hundred thirty-seven and two hundred thirty-
eight.
3. Whenever the total number of rooms, exclusive of bathrooms,
water-closet compartments, and cooking spaces not exceeding
fifty-nine square feet in area, in any non-fireproof
tenement or section thereof is decreased through the process
of an alteration, the number of apartments may be altered
and the provisions of this section which relate to
additional stairs shall not be applicable.
Sec. 236. Stairs in fireproof tenements.
1. Except as in this section otherwise provided, every
fireproof tenement erected after May fifteenth, nineteen
hundred two, containing more than thirty-six apartments or
suites of rooms above the entrance story shall have an
additional stair for every additional thirty-six apartments
or suites or fraction thereof.
2. If such a tenement contains not more than forty-eight
apartments or suites above the entrance story, in lieu of an
additional stair the stairs, stair halls and entrance halls
throughout the entire tenement may each be at least one-half
wider than is specified in sections two hundred thirty-four,
two hundred thirty-seven and two hundred thirty-eight.
3. If such a tenement contains more than seventy-two apartments
or suites but not more than eighty-four above the entrance
story, in lieu of three stairs there may be only two stairs,
provided that one of such stairs and the stair and entrance
halls connected therewith are at least one-half wider than
is specified in sections two hundred thirty-four, two
hundred thirty-seven and two hundred thirty-eight.
4. For the purposes of this section a janitor's apartment in a
penthouse shall not be construed as an additional apartment.
5. The number of apartments on any story in any fireproof
tenement may be altered, if the number of living rooms on
such story is not increased by more than thirty per centum.
If the number of living rooms on any story or section
thereof above the entrance story exceeds thirty, there shall
be an additional stair for each thirty rooms or fraction
thereof on any such story or section thereof, except that if
the number of living rooms on any such story or section does
not exceed forty, in lieu of an additional stair one stair
and every public hall connected therewith may be at least
one-half wider than is specified in sections two hundred
thirty-four, two hundred thirty-seven and two hundred thirty-
eight; but in every such tenement erected before May
sixteenth, nineteen hundred thirteen, and altered as herein
permitted, the occupants of each additional apartment shall
have access to at least two independent means of egress,
which shall be made to conform to the requirements of
section two hundred thirty-one for fireproof tenements
erected after such date.
6. Whenever the total number of rooms, exclusive of bathrooms,
water-closet compartments, and cookings spaces not exceeding
fifty-nine square feet in area, in any fireproof tenement or
section thereof is decreased through the process of an
alteration, the number of apartments may be altered and the
provisions of this section which relate to additional stairs
shall not be applicable.
Sec. 237. Stair construction.
1. Every stair in a tenement erected after April twelfth,
nineteen hundred one, shall be accessible on the entrance
story from a street or street court, or from an inner court
which connects directly with a street.
2. All such stairs shall have risers of eight inches or less
and treads at least ten inches in clear width and three feet
in clear length.
3. Winding stairs shall be unlawful except in a tenement
provided with a passenger elevator. When winding stairs or
radial steps are installed or used, the strings from which
the risers radiate shall be curved on a circle of at least
one foot diameter, the treads shall be at least four inches
wide at the string, not including the nosing, and the angle
formed by the face of each riser and the string shall not
diverge more than forty degrees from a line normal to the
string at the intersection of such riser. It shall be
unlawful to construct new winding stairs.
4. Stairs constructed after April eighteenth, nineteen hundred
twenty-nine, shall comply with the provisions of
subdivisions two to six inclusive of section fifty-two.
Sec. 238. Stair and entrance halls.
All stair and entrance halls in tenements shall be constructed as
provided in this section.
1. In tenements erected after April twelfth, nineteen hundred
one:
a. On every story there shall be fireproof doors and
assemblies with the doors self-closing separating every
such stair and entrance hall from all non-fireproof
parts of the tenement.
b. There shall be no transom, sash or similar opening of
any kind from such stair and entrance halls to any
other part of the tenement.
c. If such tenements are non-fireproof, and are occupied
by three families or more on any story or are five
stories or more in height, the stair and entrance halls
shall be enclosed with brick walls, except as provided
in paragraph a of subdivision three.
2. In tenements erected after April fourteenth, nineteen
hundred three:
a. Every entrance hall shall be at least three feet six
inches in clear width from the entrance up to and
including the stair enclosure, and beyond that at least
three feet in clear width. If such entrance hall is the
only entrance to two stairs or more, that portion of
the hall between the entrance and the first stair,
including the stair enclosure, shall be at least five
feet three inches in clear width.
b. Such halls shall comply with the requirements of
sections two hundred thirty-four to two hundred thirty-
seven inclusive as to construction of stair and
entrance halls, except that if such tenements are
fireproof entrance hall enclosures need only withstand
a fire test of two and one-half hours and angle iron
construction may be substituted for brick walls.
c. In every such tenement access shall be provided from a
street to the yard either in a direct line or through a
court.
d. If such tenements are occupied by not more than two
families on any story and are not more than four
stories in height, the floors of the stair and entrance
halls shall be fireproof or filled in between the floor
beams with at least five inches of concrete deafening.
The stairs shall be fireproof, or may be of wood
provided the soffits of the stairs are fire-retarded,
or covered with plaster board at least one-half inch
thick, with all joints true and well pointed. The stair
and entrance halls in such tenements shall be enclosed
on all sides with brick walls or with partitions of
angle iron and fireproof blocks four inches or more in
thickness, except as provided in paragraph e.
e. If such tenements are occupied by not more than two
families on any story and are not more than three
stories in height, the stair and entrance halls may be
enclosed in wood stud partitions, fire-retarded on both
sides, or covered with plaster board at least one-half
inch thick, with all joints true and well pointed and
with the spaces between the studs filled in with brick
to the height of the floor beams.
3. In tenements erected after April eighteenth, nineteen
hundred twelve:
a. If such tenements are occupied by three or more
families on any story, or are five stories or more in
height, the stairs and entrance halls shall be
fireproof throughout and all stairs provided with
handrails, except that stair treads two inches or more
in thickness and handrails may be of hard wood. All
windows in such halls shall be fireproof and, except
for windows opening on a street in a tenement six
stories or less in height, shall be glazed with wire
glass. Such halls shall be enclosed with brick walls,
except that one or more sides may be left open to a
street, yard or court.
b. Public halls which are more than forty feet in length
and are used as a means of egress from four or more
apartments shall be fireproof throughout and doors
opening therefrom and their assemblies shall be
fireproof with the doors self-closing.
4. In old-law tenements four stories or more in height:
a. Whenever the entrance halls of any such tenements
adjoin they shall be separated by a fire-retarded wall.
b. The walls and ceilings of every entrance hall and stair
hall, and every public hall connected therewith, and
the soffit of every stair shall be fire-retarded. In
all such halls all wood wainscoting except a flat base
and stair stringers ten inches or less in height, and
all wood railings, balustrades and newel posts shall be
removed completely and replaced with metal or other
hard incombustible materials of such size and secured
in such manner as may be approved by the department,
except that handrails may be of hard wood.
c. Every door opening into any entrance hall or stair, or
into any public hall connected therewith, shall be self-
closing; every glazed opening or glazed panel in such a
door shall be glazed with wire glass, and every transom
opening into any public hall shall be glazed with wire
glass and permanently secured in a closed position.
d. Every interior sash, or opening other than a door, in
the walls or partitions of such halls, and every window
therein not opening to the outer air, shall be removed
and the openings closed up and fire-retarded.
Sec. 239. Tower fire-escapes and supplemental stairs.
In fireproof tenements tower fire-escapes or stairs which are
supplemental to the stairs required by law may be installed
providing such tower fire-escapes or stairs shall be shut off
from all other parts of the dwelling by brick walls or partitions
of terra cotta blocks at least four inches thick, or hollow
cement blocks at least four inches thick which have successfully
withstood a three-hour standard fire test and been approved by
the department, and have fireproof doors and assemblies with the
doors self-closing at all openings. Whenever such supplementary
stairs are provided they shall be constructed in accordance with
such supplementary regulations as may be adopted by the
department. Such tower fire-escapes or stairs shall not be used
as service stairs and shall be kept adequately lighted at all
times and free from encumbrance.
Sec. 240. First tier of beams.
1. In all tenements erected after April twelfth, nineteen
hundred one, which are five stories or more in height, the
first floor above the lowest cellar, or, if there be no
cellar, above the basement or other lowest story, shall be
fireproof; and all exposed portions of any iron or steel
beams below the floor arches shall be fire-retarded.
2. In all non-fireproof tenements erected after such date which
are four stories or less in height, the ceiling of the
lowest cellar, or, if there be no cellar, of the basement or
other lowest story, shall be fire-retarded or covered with
plaster boards at least one-half inch in thickness, with all
joints made true and well pointed.
3. In all old-law tenements which are four stories or more in
height the ceiling of the cellar, or, if there be no cellar,
of the basement or other lowest story, shall be fire-
retarded.
Sec. 241. Partitions; fire-stopping.
1. In tenements erected after April eighteenth, nineteen
hundred twelve, wood stud apartment partitions which are
directly over each other shall run through the wood floor
beams and rest upon the plate of the partition below. In
fireproof tenements erected after such date all partitions
shall rest directly upon the fireproof floor construction
and extend to the fireproof beam filling above. Apartment
partitions within the meaning of this section are partitions
crossing the floor beams at any angle and separating one
apartment from another or any part of an apartment from any
public part of the dwelling.
2. In tenements erected after April eighteenth, nineteen
hundred twelve, apartment studding shall be filled in
solidly between the uprights to the depth of the floor beams
with incombustible materials.
3. In non-fireproof tenements erected after April twelfth,
nineteen hundred one, in every wall where wood furring is
used, every course of masonry from the under side to the top
of any floor beams shall project a distance of two inches or
more beyond each face of the wall that is not on the outside
of the dwelling, so as to provide an effective fire stop;
and whenever floor beams run parallel to a wall and wood
furring is used, every such beam shall always be kept two
inches away from the wall, and the space between the beams
and the wall shall be built up solidly with brickwork from
the underside to the top of the floor beams so as to form an
effective fire stop.
Sec. 242. Cellar and basement stairs in non-fireproof tenements.
1. Cellar stairs in non-fireproof tenements erected after April
twelfth, nineteen hundred one, which are occupied by three
families or more on any story or which are five stories or
more in height, shall be governed by the provisions of
section one hundred fifty for non-fireproof multiple
dwellings erected after April eighteenth, nineteen hundred
twenty-nine. In all other non-fireproof tenements erected
after April twelfth, nineteen hundred one, any stair leading
to a cellar may be located inside the building, provided it
is enclosed with fireproof walls and is provided with
fireproof doors and assemblies at both the top and bottom,
with the doors self-closing.
2. In old-law tenements exceeding a basement and three other
stories in height and provided with an inside cellar stair
communicating between the entrance story and a cellar or
lower story, the opening to such stair if located underneath
the main stair leading to the upper stories shall be
enclosed from the level of the entrance story up to the
underside of the first flight of such main stairs. The
soffit of such first flight of main stairs and the
partitions forming such enclosure shall be fire-retarded or
covered with twenty-six gauge metal. The opening to such
enclosure shall be provided with a fireproof door and
assembly with the door self-closing.
Sec. 243. Cellar and basement stairs in fireproof tenements.
In fireproof tenements erected after April eighteenth, nineteen
hundred twelve, the cellar and basement stairs shall be located,
arranged and constructed as provided in section one hundred six
for fireproof dwellings erected after April eighteenth, nineteen
hundred twenty-nine.
Sec. 244. Spaces under stairs.
In non-fireproof tenements erected after April twelfth, nineteen
hundred one, no closet of any kind shall be constructed or
maintained under any stair leading from the entrance story to the
upper stories, and such space shall be kept entirely open and
clear of any encumbrance.
Sec. 245. Cellar entrance.
In tenements erected after April twelfth, nineteen hundred one,
there shall be an entrance to the cellar, or to the basement or
other lowest story if there be no cellar, from the outside of the
tenement.
TITLE 2-A
SINGLE ROOM OCCUPANCY
Sec. 248. Single room occupancy.
1. It shall be unlawful to occupy any frame multiple dwelling
for single room occupancy. It shall be unlawful to occupy
any other existing class A dwelling or part thereof as a
rooming house or furnished room house or for single room
occupancy unless such dwelling or part shall conform to the
provisions of this section and to such other provisions of
this chapter as were applicable to such dwelling before such
conversion. This section shall not be construed to prohibit
the letting by a family of one or more rooms within their
apartment to not more than a total of four boarders, roomers
or lodgers provided, however, that every room in such
apartment shall have free and unobstructed access to each
required exit from such apartment as required by the
provisions of paragraphs a, b and c of subdivision four of
this section. A dwelling occupied pursuant to this section
shall be deemed a class A dwelling.
2. Any such dwelling may be so occupied without increasing the
number of stairs.
3. The number of rooms shall not be increased nor shall the
light or ventilation of any room be impaired.
4. a. No room in any apartment shall be so occupied
unless each room therein shall have free and
unobstructed access to each required means of egress
from the dwelling without passing through any sleeping
room, bathroom or water-closet compartment.
b. There shall be access to a second means of egress
within the apartment without passing through any public
stair or public hall. On and after July first, nineteen
hundred fifty-seven every tenement used or occupied for
single room occupancy in whole or in part under the
provisions of this section and which does not have at
least two means of egress accessible to each apartment
and extending from the ground story to the roof, shall
be provided with at least two means of egress, or, in
lieu of such egress, every stair hall or public hall,
and every hall or passage within an apartment, shall be
equipped on each story with one or more automatic
sprinkler heads approved by the department. Elevator
shafts in such tenements shall be completely enclosed
with fireproof or other incombustible material and the
doors to such shafts shall be fireproof or shall be
covered on all sides with incombustible material.
c. Where access to a required means of egress is provided
through a room, such access to such room shall be
through a clear opening at least thirty inches wide
extending from floor to ceiling and such opening shall
not be equipped with any door or door frame, or with
any device by means of which the opening may be closed,
concealed or obstructed.
d. All doors which open to any public hall or required
stair hall and the door assemblies shall be fireproof
with the doors self-closing.
e. All doors opening from any room to any hall or passage
within an apartment shall be self-closing and all
transoms within an apartment shall be permanently
closed. All plain glass shall be removed from such
doors and transoms and replaced with wire glass, wood
or other non-shatterable material satisfactory to the
department.
f. Directly over the opening to every required means of
egress within an apartment, there shall be a sign of a
type approved by the department marked "Fire Exit" and
lighted in red at all times to indicate clearly the
location of the means of egress, and on the walls of
any hall or passage within the apartment leading to
such means of egress there shall be maintained at all
times arrows to indicate clearly the direction and
location of the fire exit.
g. Every hall or passage within an apartment shall be
unobstructed and well lighted at all times with a
minimum of one foot-candle of light.
h. All wood wainscoting except a flat base not exceeding
ten inches in height shall be removed from every hall
or passage within an apartment.
5. In every such dwelling which is not fireproof every hall or
passage within an apartment shall be equipped with a
sprinkler system, which shall be extended so as to have at
least one sprinkler head in every room. The construction and
arrangement of such sprinkler system shall comply with the
requirements of the department.
6. There shall be provided in each such dwelling an adequate
and reliable fire alarm system, approved by the fire
commissioner by means of which alarms of fire or other
danger may be instantly communicated to every portion of the
dwelling. Where, throughout the dwelling, a closed-circuit,
automatic thermostatic fire-detecting system is installed
which actuates an interior fire alarm system, or where,
throughout the dwelling, an approved-type automatic
sprinkler system is installed which actuates an interior
fire alarm system by the flow of water through such
sprinkler system, a watchman need not be provided as
required in subdivision fifteen of this section.
7. There shall be a fire-retarded bulkhead in the roof
connecting directly with the highest portion of any stairway
to the roof, which bulkhead shall contain a fireproof door
and assembly with the door self-closing. The stairs leading
to such bulkhead shall be fireproof or fire-retarded as
required for public stairways in the other parts of such
dwelling.
8. a. Every wash basin, bath, shower, sink and laundry
tub shall be provided with an adequate supply of hot
and cold water.
b. When the number of occupants of such a dwelling is
eleven or more, there shall be provided for them in
such dwelling at least one laundry tub and facilities
for drying clothes.
9. Cooking shall be permitted only in kitchens and cooking
spaces complying with the provisions of section thirty-
three. Any gas fixture in such spaces shall be connected
with permanent, rigid piping. The use of any movable cooking
apparatus in any sleeping room is unlawful.
10. a. There shall be a central heating system adequate
to heat every sleeping room in a dwelling to the
temperature requirements prescribed by subdivision one
of section seventy-nine of this chapter.
b. The use of any movable heating apparatus in any
sleeping room is unlawful.
c. Every boiler room shall be constructed in accordance
with the provisions of section sixty-five and shall be
adequately ventilated.
11. a. No room may be occupied for sleeping purposes
unless it has a window or windows with an aggregate
glazed area of at least ten per centum of the total
floor area of such room. Each such window shall be at
least twelve feet in area and so constructed that at
least half of its area may be opened.
b. Any room on a top story may be lighted and ventilated
by a skylight of the same area as required for windows
and arranged to provide an opening of at least six
square feet for ventilation.
c. In every sleeping room, except a room on the top story
so lighted and ventilated, there shall be at least one
window meeting the requirements of section two hundred
thirteen, except as otherwise specified in this
subdivision, opening upon a street or upon a yard,
court or shaft meeting the requirements of section two
hundred twelve, but in no case shall such a court or
shaft be less than twenty-eight inches in width.
d. Every room shall be adequately lighted by electricity.
The use of gas or any other type of open flame lighting
is unlawful.
12. No room may be occupied for sleeping purposes by more than
two adults considering children of twelve years or more as
adults and two children between the ages of two and eleven
years inclusive as the equivalent of one adult. Children
under two years of age need not be considered as occupants.
13. Every room rented for single room occupancy and all
furniture and bedding therein shall be thoroughly cleansed
before occupancy and every sleeping room at least once a
week thereafter. When bed linens are provided they shall be
changed at least once every week. When the rent includes the
use of towels, at least one bath towel and two hand towels
shall be provided every week for each occupant. Such
cleansing and service shall be the exclusive obligation of
the person from whom the occupant rents such room.
14. Except as provided in subdivision thirteen, the owner shall
maintain the dwelling in conformity with section eighty
relating to cleanliness.
15. There shall be a competent manager living on the premises,
who shall be responsible for the conduct, operation and
maintenance of the dwelling, and, except as provided in
subdivision six of this section, there shall also be on the
premises at all times a competent watchman in charge of the
dwelling.
16. It shall be unlawful to rent any room in any such dwelling
for a period of less than a week.
17. In each such dwelling a register shall be kept, which shall
show the name, signature, residence, date of arrival and
date of departure of each occupant and the room occupied by
him.
TITLE 3
SANITATION
Sec. 250. Water-closets.
Water-closet compartments in tenements shall comply with the
applicable provisions of section seventy-six.
Sec. 251. Vent flues.
Supplementary water-closet compartments and bathrooms in
fireproof tenements shall be ventilated and lighted in accordance
with the applicable provisions of section seventy-six.
Sec. 252. Privacy.
In every apartment of three or more rooms in any tenement erected
after April twelfth, nineteen hundred one, there shall be access
to every living room and bedroom and to at least one compartment
or bathroom containing a water-closet without passing through any
bedroom.
=================================================================
ARTICLE 7-A
TEMPORARY PROVISIONS
Section *260. Recovery of rent for
certain non-complying premises
restricted during emergency period.
* NB Expired 49/07/01
*261. Recovery of possession of
certain non-complying premises
restricted during emergency period.
* NB Expired 49/07/01
262. Alteration of uncompleted buildings.
*264. Conversion of certain dwellings.
* NB Expired 49/07/01
=================================================================
*Sec. 260. Recovery of rent for certain non-complying
premises restricted during emergency period.
1. Legislative finding.
It is hereby declared that in cities of this state with a
population of over one million there exists an acute
shortage of dwelling accommodations available to low-income
families; that many dwellings formerly occupied by them have
been and are continuing to be vacated and demolished because
of structural inadequacy or danger, obsolescence and
dilapidation, or because owners have refused to comply with
the law, or for other reasons; that the freedom of contract
has been impaired in consequence thereof, and unjust,
unreasonable and oppressive increases in the rents of
dwelling accommodations available to such families are being
and will continue to be exacted; that world war II has
necessitated an almost complete paralysis of building
construction; that the extent of construction of decent,
safe and sanitary dwellings, conforming with the minimum
standards prescribed by law, has failed to produce a
sufficient number of dwellings for the accommodation of
families unable to pay higher rentals; that there has been a
rapid absorption of rentable vacancies in said dwellings and
a sharp increase in rentals; that such communities are
threatened with wholesale evictions; that an emergency
exists by reason of these conditions, which constitute a
menace to the health, safety, morals, welfare and comfort of
the citizens of the state, undermine the standard of living
of a large number thereof, tend to impair and impede the
enforcement of existing statutes, cause overcrowding and
congestion, foster crime, encourage the spread of vice and
disease and increase the death rate; that adequate housing
accommodations to relieve the hardships and suffering
resulting therefrom cannot be sufficiently provided, with or
without public assistance, during the period of the
emergency as herein declared; and the necessity for
legislative intervention, by the enactment of the provisions
of this section and their application until July first,
nineteen hundred forty-nine, is hereby declared as a matter
of legislative determination, and the provisions of this
section shall remain in force and effect only until such
date.
2. For the period during which any old-law tenement or any
converted dwelling shall fail to comply with the applicable
provisions of article six or seven, as the case may be, no
rent therefor or for any part thereof shall be recovered by
the owner, nor shall any action or special proceeding be
maintainable for such rent or to recover possession of such
dwelling or part thereof for non-payment of rent, except
rent at such rate as shall not exceed the lowest rent
charged therefor for any month between September thirtieth,
nineteen hundred thirty-seven, and April first, nineteen
hundred forty-three.
3. In any such action or special proceeding in which there
shall be interposed a defense that the dwelling fails to
comply with the applicable provisions of article six or
seven or that the rent demanded exceeds the lowest rent
charged for any month between September thirtieth, nineteen
hundred thirty-seven, and April first, nineteen hundred
forty-three, the burden of proof shall be upon the party
seeking to recover rent or possession.
4. A certification by the department of the results of a search
made by the department shall be admissible as presumptive
evidence of the existence or non-existence of any violation
of article six or seven as in such certificate specified.
* NB Expired 49/07/01
*Sec. 261. Recovery of possession of certain non-complying
premises restricted during emergency period.
1. Legislative finding.
The public emergency which existed at the time of the
enactment of and which was declared in chapter six hundred
seventy-five of the laws of nineteen hundred thirty-eight,
and in acts amendatory thereof, having continued and still
existing, there having been and there being an acute
shortage of such dwellings, and the intents and purposes of
such provisions having, in a great many instances, been
circumvented by landlords giving their tenants thirty days'
notice terminating their tenancy and instituting proceedings
for their removal, the necessity for legislative
intervention, by the enactment of the provisions of this
section, and their application, until July first, nineteen
hundred forty-nine, is hereby declared as a matter of
legislative determination, and the provisions of this
section shall remain in force and effect only until such
date.
2. For the period during which any old-law tenement or any
converted dwelling shall fail to comply with the applicable
provisions of article six or seven, no action or proceeding
by an owner to recover possession of such dwelling or any
part thereof from a tenant and to remove such tenant
therefrom for the reason that the tenant holds over and
continues in possession of the demised dwelling or any part
thereof after the expiration of his term without the
permission of the owner, shall be maintainable except:
a. A proceeding to recover such possession upon the ground
that the person is holding over and is objectionable,
in which case the owner shall establish to the
satisfaction of the court that the person holding over
is objectionable; or
b. A proceeding when the owner of record of the dwelling,
being a natural person, seeks in good faith to recover
possession of a room or rooms therein for the immediate
and personal occupancy by himself and his family as a
dwelling; or
c. A proceeding where the petitioner shows to the
satisfaction of the court that he desires in good faith
to recover the dwelling for the purpose of altering or
demolishing the same with the intention of providing or
constructing more dwelling units, plans for which shall
have been duly approved by the department in accordance
with the provisions of any applicable local law.
d. In pending proceedings for the recovery of such
dwelling on the grounds that the occupant holds over
after the expiration of his term, a warrant shall not
be issued unless the petitioner establishes to the
satisfaction of the court that the proceeding is one
mentioned in the exceptions enumerated in this
subdivision.
3. The provisions of this section shall not be construed to
apply to an action or proceeding by an owner to recover
possession of such dwelling or any part thereof from a
tenant and to remove such tenant therefrom for the reason
that the tenant holds over and continues in possession of
the demised dwelling or any part thereof without the
permission of the owner after a default in the payment of
the rent.
* NB Expired 49/07/01
Sec. 262. Alteration of uncompleted buildings.
The provisions of this chapter relating to multiple dwellings
erected after April eighteenth, nineteen hundred twenty-nine,
shall not apply to any fireproof building structurally enclosed
but uncompleted on April first, nineteen hundred forty-five,
conforming to the provisions of the local zoning law or
resolution applicable to an apartment hotel, in effect at the
time of the approval of the original plans filed for the
construction of such building, and which building shall
thereafter be altered and completed as a class A multiple
dwelling, in accordance with plans and amendments thereto
approved by the department. Such building, if so altered and
completed on or before July first, nineteen hundred forty-eight,
may be lawfully occupied thereafter as a class A multiple
dwelling if it conforms with the provisions of section twenty-
five applicable to fireproof class A multiple dwellings occupied
as such before April eighteenth, nineteen hundred twenty-nine.
*Sec. 264. Conversion of certain dwellings.
1. Notwithstanding any inconsistent provision of this chapter
or of any other law, it shall be lawful until July first,
nineteen hundred forty-nine, for any owner to convert a non-
fireproof dwelling which is not of frame construction, not
more than a basement and two additional stories in height,
and not occupied by more than two families, for occupancy by
not more than three families, in accordance with the
provisions of this section, providing such dwelling was
existing on April eighth, nineteen hundred forty-six, or was
erected thereafter under plans on file with the department
on or before such date.
2. The provisions of article six of this chapter shall not
apply to conversion of dwellings under this section, except
in so far as compliance therewith is expressly required as
provided in or pursuant to this section.
3. Conversion of such dwellings under this section must be
made:
a. In full compliance with the provisions of sections one
hundred seventy-six, one hundred seventy-seven, and one
hundred eighty-eight, of subdivision two of section one
hundred eighty-nine, and of section two hundred;
b. In full compliance with the provisions of section one
hundred eighty-five, except that if a cellar ceiling is
plastered and in good repair only the area of the
ceiling over any boiler located in the cellar and for
three feet beyond need be covered with fire-retarding
material;
c. In full compliance with the provisions of section one
hundred eighty-seven unless such conversion was
completed under authority of this section before July
first, nineteen hundred forty-seven, and
d. In compliance with such additional provisions of
article six of this chapter, and no other, as may be
specifically required by, and in accordance with, rules
and regulations of the department where the conversion
is proposed to be made.
4. A plan of alteration to effect conversion of any such
dwelling under this section shall be filed with such
department and, when approved by it, shall constitute a
lawful plan for three family occupancy of such dwelling.
* NB Expired 49/07/01
=================================================================
ARTICLE 7-B
JOINT LIVING-WORK QUARTERS FOR ARTISTS,
OR GENERAL RESIDENTIAL OCCUPANCY OF LOFT,
COMMERCIAL OR MANUFACTURING BUILDINGS
Section 275. Legislative findings.
276. Definition of an artist.
277. Occupancy permitted.
278. Application of other provisions.
=================================================================
Sec. 275. Legislative findings.
It is hereby declared and found that in cities with a population
in excess of one million, large numbers of loft, manufacturing,
commercial, institutional, public and community facility
buildings have lost, and continue to lose, their tenants to more
modern premises; and that the untenanted portions of such
buildings constitute a potential housing stock within such cities
which is capable, when appropriately altered, of accommodating
general residential use, thereby contributing to an alleviation
of the housing shortage most severely affecting moderate and
middle income families, and of accommodating joint living-work
quarters for artists by making readily available space which is
physically and economically suitable for use by persons regularly
engaged in the arts.
There is a public purpose to be served by making accommodations
readily available for joint living-work quarters for artists for
the following reasons: persons regularly engaged in the arts
require larger amounts of space for the pursuit of their artistic
endeavors and for the storage of the materials therefor and of
the products thereof than are regularly to be found in dwellings
subject to this article; that the financial remunerations to be
obtained from pursuit of a career in the arts are generally
small; that as a result of such limited financial remuneration
persons regularly engaged in the arts generally find it
financially impossible to maintain quarters for the pursuit of
their artistic endeavors separate and apart from their places of
residence; that the cultural life of cities of more than one
million persons within this state and of the state as a whole is
enhanced by the residence in such cities of large numbers of
persons regularly engaged in the arts; that the high cost of land
within such cities makes it particularly difficult for persons
regularly engaged in the arts to obtain the use of the amounts of
space required for their work as aforesaid; and that the
residential use of the space is secondary or accessory to the
primary use as a place of work.
It is further declared that the legislation governing the
alteration of such buildings to accommodate general residential
use must of necessity be more restrictive than statutes
heretofore in effect, which affected only joint living-work
quarters for artists.
It is the intention of this legislation to promulgate statewide
minimum standards for all alterations of non-residential
buildings to residential use, but the legislature is cognizant
that the use of such buildings for residential purposes must be
consistent with local zoning ordinances. The legislature further
recognizes that it is the role of localities to adopt regulations
which will define in further detail the manner in which
alterations should be carried out where building types and
conditions are peculiar to their local environment.
Sec. 276. Definition of an artist.
As used in this article, the word "artist" means a person who is
regularly engaged in the fine arts, such as painting and
sculpture or in the performing or creative arts, including
choreography and filmmaking, or in the composition of music on a
professional basis, and is so certified by the city department of
cultural affairs and/or state council on the arts.
Sec. 277. Occupancy permitted.
Any building in any city of more than one million persons which
at any time prior to January first, nineteen hundred seventy-
seven was occupied for loft, commercial, institutional, public,
community facility or manufacturing purposes, may,
notwithstanding any other article of this chapter, or any
provision of law covering the same subject matter (except as
otherwise required by the local zoning law or resolution), be
occupied in whole or in part for joint living-work quarters for
artists or general residential purposes if such occupancy is in
compliance with this article. Such occupancy shall be permitted
only if the following conditions are met and complied with.
1. (a) The exterior walls of the building shall be non-
combustible and have a fire-resistive rating of at
least three hours unless the exterior wall or walls,
measured on a horizontal plane perpendicular to said
exterior wall or walls, is a minimum of thirty feet
distant in a direct unobstructed line from another
structure, except that a wet pipe sprinkler system,
with maximum sprinkler spacing of four feet, must be
provided along such wall or walls to protect exposed,
unrated columns or beams at the interior of the wall in
non-fireproof buildings.
(b) Window openings in exterior walls shall conform with
the limitations of table 3-4 chapter twenty-six of the
administrative code of the city of New York, unless
such windows are fire protected and provided with
either a minimum of one sprinkler head per window or
window automatic closing devices, acceptable to the
department of buildings.
2. The building
(a) is of fireproof construction, as provided in section
one hundred one of this chapter, or is of class two
construction, as provided by the requirements of the
building code and regulations of the city of New York
in effect prior to December sixth, nineteen hundred
sixty-eight; or
(b) if non-fireproof, does not exceed a height of six
stories, and eighty-five feet measured to the ceiling
of the highest floor in a depth of one hundred feet; or
does not exceed a height of seven stories, and eighty-
five feet and a depth of one hundred feet and is wet
sprinklered throughout; and has a maximum floor area
between the two hour rated partitions constructed in
accordance with section C26-504.2 of the administrative
code of the city of New York of:
(i) three thousand square feet; or
(ii) five thousand square feet if the building is six
stories or less in height and is fully wet
sprinklered; or
(iii) five thousand square feet if the building is
seven stories in height and is fully wet
sprinklered and has a stand pipe system; or
(iv) ten thousand square feet if the building is
fully wet sprinklered and has one hour rated
ceilings.
(c) complies with the requirements of table 3-4 chapter
twenty-six of the administrative code of the city of
New York for J-2 occupancy.
3. Any part of the building may be occupied for manufacturing
and commercial purposes (as permitted by local zoning law or
resolution), provided, however, that only the second story
and below may be occupied for uses listed as medium fire
hazard in rules of the board of standards and appeals
implementing the labor law unless the entire building is wet
sprinklered; in addition, high fire hazard occupancies shall
not be permitted in any portion of the building.
4. All areas occupied for manufacturing or commercial purposes
shall be protected by an approved wet-pipe automatic
sprinkler system. Such wet-pipe automatic sprinkler system
shall extend to and include public hallways and stairways
coincidentally serving residential occupancies.
5. All occupancies or tenancies shall be separated by a
vertical fire separation, extending to the underside of the
floor above and having a minimum fire-resistance rating of
at least one hour and conform in all respects with
applicable zoning regulations. No separation shall be
required between the working and living portions of a joint
living-work quarters for artists.
6. The building (a) complies with all requirements imposed on
old-law tenements by sections two hundred twelve and two
hundred sixteen of this chapter and on converted dwellings
by sections one hundred eighty-five, one hundred eighty-six,
one hundred eighty-eight, one hundred eighty-nine, one
hundred ninety, one hundred ninety-one and one hundred
ninety-four of this chapter, in addition to those provided
in section two hundred seventy-eight of this article and (b)
complies with the standards of lighting, ventilation, size
of rooms, alcoves and balconies contained in section C26-
1205.0 through and including sections C26-1205.5 and C26-
1205.7 of the administrative code of the city of New York,
except as otherwise provided in paragraph (d) of subdivision
seven of this section.
7. Minimum light and air standards for joint living-work
quarters for artists or general residential portions of
lofts or manufacturing and commercial buildings altered to
residential use shall comply with the following:
(a) Portions of such buildings which are occupied
exclusively as joint living-work quarters for artists
as permitted by local law shall comply with the
following:
(i) The minimum size of a joint living-work quarters
for artists shall be twelve hundred square feet
of interior space, except as otherwise
authorized by the zoning resolution of the city
of New York, for units occupied for residential
purposes on or before January first, nineteen
hundred eighty-five.
(ii) Joint living-work quarters for artists shall
conform to the standards for light and
ventilation of sections C26-1205.0 through and
including section C26-1205.7 of the
administrative code of the city of New York.
(b) Portions of such buildings which are occupied
exclusively as residential units as permitted by local
law shall comply with the following:
(i) Every dwelling unit shall have one or more
windows:
A. which open onto a street, a court with a
dimension of fifteen feet perpendicular to
the windows and one hundred square feet
minimum area above a setback or a thirty foot
rear yard; or
B. for corner lots or lots within one hundred
feet of a corner, where the minimum
horizontal distance between such windows
opening onto a rear yard and the rear lot
line is at least twenty feet; or
C. for interior lots, where the minimum
horizontal distance between such windows
opening onto a rear yard and any wall
opposite such windows on the same or another
zoning lot is at least twenty feet and not
less than a distance equal to one-third of
the total height of such wall above the sill
height of such windows; but need not exceed
forty feet; or
D. for interior lots where the minimum
horizontal distance between such windows
opening onto a rear yard and any wall
opposite such windows on the same or another
zoning lot is at least fifteen feet and the
minimum size of such dwelling unit is twelve
hundred square feet; or
E. in no event shall the distance between such
windows and the rear lot line be less than
five feet; and
F. yards and courts may be existing or may be
new in buildings seven stories or less in
height.
(ii) The minimum required ratio of window area
opening onto a street, rear yard, or court to
the floor area of every living room shall:
A. be ten percent where the floor area of such
living room is less than five hundred square
feet; or
B. decrease, by one percent for every one
hundred square feet greater than five hundred
square feet of floor area of such living
room, to a minimum of five percent; and
C. in no event shall the distance between such
window area and the rear lot line be less
than five feet; and
D. at least fifty percent of the required window
area shall be openable.
(c) Ventilation of spaces other than living rooms,
including enclosed work spaces for joint living-work
quarters for artists shall be either in accordance with
this section or in accordance with the administrative
code of the city of New York.
(d) No building converted pursuant to this article shall be
enlarged, except where the underlying zoning district
permits residential use. Such an enlargement shall be
in conformance with the bulk regulations for conforming
residential use for new construction and shall be in
conformance with the provisions of section twenty-six
of this chapter. No interior floor area enlargement
shall be permitted except that a mezzanine with a
minimum headroom of seven feet shall be allowed within
individual dwelling units, provided that the gross
floor area of such mezzanine does not exceed one-third
of the floor area contained within such dwelling unit.
No mezzanine shall be included as floor area for the
purpose of calculating the minimum required size of a
living room or a dwelling unit or for calculating floor
area devoted to dwellings. For the purpose of this
article a mezzanine may be constructed above the level
of the roof of a building as long as the aggregate area
of roof structures does not exceed one-third of the
total roof area and the roof structures conform with
applicable building code requirements.
(e) The kitchen located within dwelling units and having a
floor area of fifty-nine square feet or more shall have
natural ventilation as prescribed in sub-article 1205.0
of chapter twenty-six of the administrative code of the
city of New York. Open kitchens shall be considered as
part of the adjacent space where forty percent of the
area of the separation between the spaces is open and
without doors. If the floor area of the combined space
exceeds seven hundred fifty square feet, a separate
bedroom shall not be required. When the floor area is
less than fifty-nine square feet the kitchenette shall
be ventilated by either of the following:
(i) Natural means complying with sub-article 1205.0
of chapter twenty-six of the administrative code
of the city of New York and further that the
windows shall have a minimum width of twelve
inches, a minimum area of three square feet, or
ten percent of the floor area of the space,
whichever is greater and be so constructed that
at least one-half of their required area may be
opened. When the space is located at the top
story, the window or windows may be replaced
with a skylight whose minimum width shall be
twelve inches, whose minimum area shall be four
square feet or one-eighth of the floor area of
the space, whichever is greater and which shall
have ventilation openings of at least one-half
of the required area of the skylight.
(ii) Mechanical means exhausting at least two cubic
feet per minute of air per square foot of floor
area. Where doors are to be used to separate the
space, the lower portion of each door shall have
a metal grill containing at least forty-eight
square inches of clean openings or in lieu of
such grill, two clear opening spaces may be
provided, each of at least twenty-four square
inches, one between the bottom of each door and
the floor and the other between the top of each
door and the head jamb.
(f) When bathrooms and toilet rooms are ventilated by
natural means, the natural ventilation sources shall
comply with sub-article 1205.0 of chapter twenty-six of
the administrative code of the city of New York and
shall have an unobstructed free area of at least five
percent of the floor area. In no case shall the net
free area of the ventilation sources be less than one
and one-half square feet. When bathrooms and toilet
rooms are vented by mechanical means, individual vent
shafts or ducts constructed of non-combustible
materials with a minimum cross section area of one
square foot shall be utilized, the exhaust system shall
be capable of exhausting at least fifty cubic feet per
minute of air. Means shall be provided for egress of
air by louvers in doors, by undercutting the door, or
by transfer ducts, grills or other openings. Toilet
exhaust systems shall be arranged to expel air directly
to the outdoors.
(g) A single station smoke detector shall be installed
immediately outside each sleeping or bedroom area of
each dwelling unit. Such device shall be designed and
installed so as to detect smoke and activate an alarm,
be reasonably free from false alarms and provide
visible indication that the alarm is energized. Such
device shall be directly connected to the lighting
circuit of the dwelling or rooming unit with no
intervening wall switch and shall provide a warning
signal clearly audible in all sleeping quarters with
intervening doors closed. Cord connected installations
or smoke detectors which rely exclusively on batteries
are not permissible. Such devices shall either be
approved or listed by an acceptable testing service or
laboratory.
8. All openings from apartments leading into a public hall or
corridor shall be provided with fireproof doors and
assemblies with the doors self-closing. Partitions between
apartments on each floor shall be one hour fire rated
partitions. All windows opening on fire escapes shall be
provided with wire glass, unless such windows are protected
by a wet pipe sprinkler head with a minimum of one head per
window.
9. Such buildings, in regard to egress, shall comply with the
following:
(a) In a non-fireproof building there shall be:
(i) one independently enclosed stairway and a fire
escape from each dwelling unit; or
(ii) where the building is fully wet sprinklered and
not in excess of seventy-five feet in height and
not exceeding five thousand square feet in
building area one independently enclosed
stairway from each dwelling, and an
independently enclosed hallway, of one hour fire
rating where there are two or more tenants on a
floor; or
(iii) a sprinklered enclosed hallway with access to
two independently enclosed stairs.
(b) In a fireproof building, there shall be:
(i) an enclosed hallway and two independently
enclosed stairs; or
(ii) an enclosed hallway and one independently
enclosed stair and a screened exterior stair in
conformance with section two hundred sixty-eight
of the labor law with all glazed openings
thereon equipped with wire glass; or
(iii) for buildings not exceeding seven stories or
seventy-five feet in height, egress conforming
with the provisions of paragraph (a) of this
subdivision; or
(iv) egress conforming with the provisions of section
one hundred two of this chapter.
(c) No more than two dwelling units shall open directly to
a stair without an intervening enclosed hallway.
(d) Enclosed hallways shall have a one hour fire rating.
(e) Enclosed stairways shall be:
(i) one hour fire rated in non-fireproof buildings
four stories or less in height; or
(ii) one hour fire rated and sprinklered in non-
fireproof buildings six stories or less in
height; or
(iii) one hour fire rated in non-fireproof, fully
sprinklered buildings seven stories in height;
or
(iv) two hour fire rated in all other cases.
(f) The travel distance to the means of egress shall comply
with the administrative code of the city of New York.
(g) Wooden stairs permitted by section one hundred eighty-
nine of this chapter may be retained only if, in
addition to meeting all of the requirements set forth
therein, they are within a fully wet-sprinklered
enclosure, and the stair and landing soffit are fire
retarded, notwithstanding any other provisions.
(h) Every required stair shall extend through the roof by a
bulkhead, except that a scuttle may be used if the
dwelling does not exceed four stories and except that
no bulkhead or scuttle is required where the roof is a
peak roof with a pitch of more than fifteen degrees.
(i) Mezzanines shall be provided with a stair at least two
feet six inches wide terminating not more than twenty
feet from an exit door or fire escape, and all portions
of such mezzanines shall be not more than fifty feet
from such exit door or fire escape.
10. In buildings in excess of two stories in height, stairways
shall be provided with skylights at least twenty square feet
in area, glazed with plain glass with a wire screen over and
under and provided with fixed or movable ventilators having
a minimum open area of one hundred forty-four square inches.
In lieu of the skylight and ventilators, a window of equal
area may be provided with fixed louvers having a minimum
open area of one hundred forty-four square inches installed
in or immediately adjacent to the window.
11. Except as otherwise provided in this article, all shafts
shall be enclosed with incombustible material of two hour
fire rating and comply with the administrative code of the
city of New York, provided, however, existing shaft
enclosures constructed in part of combustible material may
be retained if upgraded to obtain a two hour fire rating.
12. Every kitchen or kitchenette or cooking space in such
building shall comply with the requirements imposed on
multiple dwellings erected after April eighteenth, nineteen
hundred twenty-nine by section thirty-three of this chapter.
13. Such building shall comply with all requirements imposed on
multiple dwellings erected after April eighteenth, nineteen
hundred twenty-nine by title three of article three of this
chapter.
14. All interior iron columns in unsprinklered buildings shall
be protected by materials or assemblies having a fire-
resistive rating of at least three hours. Where sprinklers
are provided for an exterior wall as provided in subdivision
one of this section or in a fully wet sprinklered building
such columns shall be protected by two sprinkler heads
located eighteen inches or more away and each on opposite
sides of such column but no further than four feet. Such
sprinklers shall be provided at any interior column where
fire protection is omitted in non-fireproof buildings.
15. The elevator shafts in such buildings shall be enclosed with
incombustible material of two hour fire rating, except that
existing elevator shaft enclosures constructed in part of
combustible material may be retained if upgraded to obtain a
two hour fire rating; and have fireproof doors and
assemblies with (a) the doors self-closing; or (b) a
vestibule the walls of which shall be of non-combustible
material and have a minimum two hour fire resistive rating,
with self-closing fireproof doors and be fire-stopped; or
(c) where the elevator is manually operated in fully
sprinklered buildings have fireproof doors, with approved
interlock devices.
16. The requirements and standards prescribed in this section
shall be subject to variation in specific cases by the
commissioner of buildings, or the board of standards and
appeals, of such city under and pursuant to the provisions
of paragraph two of subdivision b of section six hundred
forty-five and section six hundred sixty-six of the New York
city charter.
Sec. 278. Application of other provisions.
1. The provisions of this article apply to buildings with
residential, mixed or joint living-work quarters or artists'
occupancy as herein provided and to such buildings only. In
addition to the provisions of this article, the following
enumerated articles and sections of this chapter shall, to the
extent required therein, apply to such buildings:
Article 1. Introductory provisions: definitions
2. Miscellaneous application provisions except
subdivision two of section nine
8. Requirements and remedies
9. Registry of names and service of papers
10. Prostitution
11. Laws repealed; saving clause; effect
Section 28. Two or more buildings on same lot
29. Painting of courts and shafts
31. Size of rooms, subdivision six only
37. Artificial hall lighting
53. Fire-escapes
55. Wainscoting, subdivision two only
56. Frame buildings and extensions
57. Bells; mail receptacles
58. Incombustible materials
59. Bakeries and fat boiling
60. Motor vehicle storage
61. Business uses (except paragraph c of
subdivision one and subdivision three)
62. Parapets, guard railings and wires
2. Failure to comply with any provision of this chapter other
than this article and the above enumerated articles and
sections shall not be grounds for refusal of a certificate
of occupancy or compliance.
=================================================================
*ARTICLE 7-C
LEGALIZATION OF INTERIM MULTIPLE DWELLINGS
Section 280. Legislative findings.
281. Definition of "interim
multiple dwelling".
282. Establishment of special loft unit.
283. Occupancy permitted.
284. Owner obligations.
285. Owner protection.
286. Tenant protection.
287. Alternative compliance.
* NB Terminates 96/06/30
=================================================================
*Sec. 280. Legislative findings.
The legislature hereby finds and declares that a serious public
emergency exists in the housing of a considerable number of
persons in cities having a population of over one million, which
emergency has been created by the increasing number of
conversions of commercial and manufacturing loft buildings to
residential use without compliance with applicable building codes
and laws and without compliance with local laws regarding minimum
housing maintenance standards; that many such buildings do not
conform to minimum standards for health, safety and fire
protection; that housing maintenance services essential to
maintain health, safety and fire protection are not being
provided in many such buildings; that as a consequence of the
acute shortage of housing as found and declared in the emergency
tenant protection act of nineteen seventy-four the tenants in
such buildings would suffer great hardship if forced to relocate;
that as a result of the uncertain status of the tenancy in
question the courts have been increasingly burdened with disputes
between landlords and tenants regarding their respective rights
and obligations under the existing circumstances; that some
courts have declared such buildings "de facto" multiple
dwellings; that illegal and unregulated residential conversions
undermine the integrity of the local zoning resolution and
threaten loss of jobs and industry; that the intervention of the
state and local governments is necessary to effectuate
legalization, consistent with the local zoning resolution, of the
present illegal living arrangements in such "de facto" multiple
dwellings, and to establish a system whereby residential rentals
can be reasonably adjusted so that residential tenants can assist
in paying the cost of such legalization without being forced to
relocate; that in order to prevent uncertainty, hardship, and
dislocation, the provisions of this article are necessary and
designed to protect the public health, safety and general
welfare.
* NB Terminates 96/06/30
*Sec. 281. Definition of "interim multiple dwelling".
1. Except as provided in subdivision two of this section, the
term "interim multiple dwelling" means any building or
structure or portion thereof located in a city of more than
one million persons which (i) at any time was occupied for
manufacturing, commercial, or warehouse purposes; and (ii)
lacks a certificate of compliance or occupancy pursuant to
section three hundred one of this chapter; and (iii) on
December first, nineteen hundred eighty-one was occupied for
residential purposes since April first, nineteen hundred
eighty as the residence or home of any three or more
families living independently of one another.
2. Notwithstanding the definition set forth in subdivision one
of this section, the term "interim multiple dwelling"
includes only (i) buildings, structures or portions thereof
located in a geographical area in which the local zoning
resolution permits residential use as of right, or by minor
modification or administrative certification of a local
planning agency, (ii) buildings or structures which are not
owned by a municipality, (iii) buildings, structures or
portions thereof within an area designated by the local
zoning resolution as a study area for possible rezoning to
permit residential use, or (iv) buildings, structures or
portions thereof which may be converted to residential use
pursuant to a special permit granted by a local planning
agency. In the case of classes of buildings specified by
paragraphs (iii) and (iv) of this subdivision and those
buildings specified by paragraph (i) of this subdivision
which require a minor modification or administrative
certification, however, the provisions of subdivision one of
section two hundred eighty-four of this article regarding
compliance with this chapter shall not be applicable, but
the other provisions of this article shall be applicable.
Upon rezoning of any such study area or the granting of any
such special permit, minor modification or administrative
certification to permit residential use of any such building
or portion thereof, subdivision one of section two hundred
eighty-four of this article shall be applicable, with the
timing of compliance requirements set forth in such section
commencing to run upon the effective date of such rezoning
or permit approval. If such rezoning does not permit
residential use of the building or a portion thereof, or if
a special permit, minor modification or administrative
certification is denied, such building shall be exempt from
this article.
3. In addition to the residents of an interim multiple
dwelling, residential occupants in units first occupied
after April first, nineteen hundred eighty and prior to
April first, nineteen hundred eighty-one shall be qualified
for protection pursuant to this article, provided that the
building or any portion thereof otherwise qualifies as an
interim multiple dwelling, and the tenants are eligible
under the local zoning resolution for such occupancy. A
reduction in the number of occupied residential units in a
building after December first, nineteen hundred eighty-one
shall not eliminate the protections of this article for any
remaining residential occupants qualified for such
protections. Non-residential space in a building as of the
effective date of the act which added this article shall be
offered for residential use only after the obtaining of a
residential certificate of occupancy for such space, and
such space shall be exempt from this article, even if a
portion of such building may be an interim multiple
dwelling.
4. Interim multiple dwellings shall also include buildings,
structures or portions thereof that had residential
occupants on May first, nineteen hundred eighty-seven in
units occupied residentially since December first, nineteen
hundred eighty-one that were occupied for residential
purposes since April first, nineteen hundred eighty and
those units shall be qualified for protection pursuant to
this article, provided that the building or any portion
thereof meets the requirements set out in subdivision one of
this section, regardless of whether the buildings,
structures or portions thereof meets the requirements set
out in paragraphs (i), (iii) and (iv) of subdivision two of
this section.
* NB Terminates 96/06/30
*Sec. 282. Establishment of special loft unit.
In order to resolve complaints of owners of interim multiple
dwellings and of residential occupants of such buildings
qualified for the protection of this article, and to act upon
hardship applications made pursuant to this article, a special
loft unit referred to herein as the "loft board" shall be
established which shall consist of from four to nine members
representative of the public, the real estate industry, loft
residential tenants, and loft manufacturing interests, and a
chairperson, all to be appointed by the mayor of the municipality
and to serve such terms as he may designate. The compensation of
the members of the loft board shall be fixed by the mayor. The
members of the loft board shall not be considered employees of
the state or the municipality, provided, however, that state or
municipal employees or officers may be named to the loft board.
The mayor shall establish the loft board within ninety days of
the effective date of the act which added this article. The loft
board shall have such office and staff as shall be necessary to
carry out functions conferred upon it and may request and receive
assistance from any state or municipal agency or department. The
loft board shall have the following duties: (a) the determination
of interim multiple dwelling status and other issues of coverage
pursuant to this article; (b) the resolution of all hardship
appeals brought under this article; (c) the determination of any
claim for rent adjustment under this article by an owner or
tenant; (d) the issuance, after a public hearing, and the
enforcement of rules and regulations governing minimum housing
maintenance standards in interim multiple dwellings (subject to
the provisions of this chapter and any local building code), rent
adjustments prior to legalization, compliance with this article
and the hearing of complaints and applications made to it
pursuant to this article; and (e) determination of controversies
arising over the fair market value of a residential tenant's
fixtures or reasonable moving expenses. The violation of any rule
or regulation promulgated by the loft board shall be punishable
by a civil penalty determined by the loft board not to exceed one
thousand dollars which may be recovered by the municipality by a
proceeding in any court of competent jurisdiction. The loft board
may charge and collect reasonable fees in the execution of its
responsibilities. The loft board may administer oaths, take
affidavits, hear testimony, and take proof under oath at public
or private hearings.
* NB Terminates 96/06/30
*Sec. 283. Occupancy permitted.
Notwithstanding any other provision of this chapter or any other
law, code, rule or regulation, occupancy for residential purposes
of residential units covered by this article is permitted, if
such occupancy is in compliance with this article. Nothing
contained herein shall be construed to limit local authorities
from issuing vacate orders for hazardous conditions, if
appropriate.
* NB Terminates 96/06/30
*Sec. 284. Owner obligations.
1. (i) The owner of an interim multiple dwelling (A)
shall file an alteration application within nine
months from the effective date of the act which added
this article, and (B) shall take all reasonable and
necessary action to obtain an approved alteration
permit within twelve months from such effective date,
and (C) shall achieve compliance with the standards
of safety and fire protection set forth in article
seven-B of this chapter for the residential portions
of the building within eighteen months from obtaining
such alteration permit or eighteen months from such
effective date, whichever is later, and (D) shall
take all reasonable and necessary action to obtain a
certificate of occupancy as a class A multiple
dwelling for the residential portions of the building
or structure within thirty-six months from such
effective date. The loft board may, upon good cause
shown, and upon proof of compliance with the
standards of safety and fire protection set forth in
article seven-B of this chapter, twice extend the
time of compliance with the requirement to obtain a
residential certificate of occupancy for periods not
to exceed twelve months each.
(ii) An owner of an interim multiple dwelling who has not
complied with the requirements of paragraph (i) of
this subdivision by the effective date of the chapter
of the laws of nineteen hundred ninety-two which
added this paragraph shall hereafter be deemed in
compliance with this subdivision provided that such
owner files an alteration application by October
first, nineteen hundred ninety-two, takes all
reasonable and necessary action to obtain an approved
alteration permit by October first, nineteen hundred
ninety-three, achieves compliance with the standards
of safety and fire protection set forth in article
seven-B of this chapter for the residential portions
of the building by April first, nineteen hundred
ninety-five, or within eighteen months from obtaining
an approved alteration permit, whichever is later,
and takes all reasonable and necessary action to
obtain a certificate of occupancy as a class A
multiple dwelling for the residential portions of the
building or structure by October first, nineteen
hundred ninety-five or within six months from
achieving compliance with the aforementioned
standards for the residential portions of the
building, whichever is later.
(iii) An owner who is unable to satisfy any requirement
specified in paragraph (ii) of this subdivision for
reasons beyond his/her control, including, but not
limited to, a requirement to obtain a certificate of
appropriateness for modification of a landmarked
building, a need to obtain a variance from a board of
standards and appeals, or the denial of reasonable
access to a residential unit as required by paragraph
(vii) of this subdivision, may apply to the loft
board for an extension of time to meet the
requirement specified in paragraph (ii) of this
subdivision. The loft board may grant an extension of
time to meet a requirement specified in paragraph
(ii) of this subdivision provided that the owner
demonstrates that he/she has made good faith efforts
to satisfy the requirements.
(iv) If there is a finding by the loft board that an owner
has failed to satisfy any requirement specified in
paragraphs (i) and (ii) of this subdivision, such
owner shall be subject to all penalties set forth in
article eight of this chapter.
(v) In addition to the penalties provided in article
eight of this chapter, if there is a finding by the
loft board that an owner has failed to satisfy any
requirement specified in paragraphs (i) and (ii) of
this subdivision, a court may order specific
performance to enforce the provisions of this article
upon the application of three occupants of separate
residential units qualified for the protection of
this article, or upon the application of the
municipality.
(vi) If, as a consequence of an owner's unlawful failure
to comply with the provisions of paragraphs (i) and
(ii) of this subdivision, any residential occupant
qualified for protection pursuant to this article is
required to vacate his or her unit as a result of a
municipal vacate order, such occupant may recover
from the owner the fair market value of any
improvements made by such tenant and reasonable
moving costs. Any vacate order issued as to such unit
by a local government shall be deemed an order to the
owner to correct the non-compliant conditions,
subject to the provisions of this article.
Furthermore, when such correction has been made, such
occupant shall have the right to re-occupy his or her
unit and shall be entitled to all applicable tenant
protections of this article.
(vii) The occupants of a building shall, upon appropriate
notice regarding the timing and scope of the work
required, afford the owner reasonable access to their
units so that the work necessary for compliance with
this article can be carried out. Access shall also be
afforded, upon reasonable prior notice, for the
purpose of inspecting and surveying units as may be
required to comply with the provisions of this
article and article seven-B of this chapter. Failure
to comply with an order of the loft board regarding
access shall be grounds for eviction of a tenant.
2. Every owner of an interim multiple dwelling, every lessee of
a whole building part of which is an interim multiple
dwelling, and every agent or other person having control of
such a dwelling, shall, within sixty days of the effective
date of the act which added this article, file with the loft
board or any other authority designated by the mayor a
notice in conformity with all provisions of section three
hundred twenty-five of this chapter and with rules and
regulations to be promulgated by the loft board.
* NB Terminates 96/06/30
*Sec. 285. Owner protection.
1. Notwithstanding the provisions of section three hundred two
or three hundred twenty-five of this chapter, the owner of
an interim multiple dwelling may recover rent payable from
residential occupants qualified for the protection of this
article on or after April first, nineteen hundred eighty,
and maintain an action or proceeding for possession of such
premises for non-payment of rent, provided that he is in
compliance with this article.
2. Notwithstanding any other provision of this article, an
owner may apply to the loft board for exemption of a
building or portion thereof from this article on the basis
that compliance with this article in obtaining a legal
residential certificate of occupancy would cause an
unjustifiable hardship either because: (i) it would cause an
unreasonably adverse impact on a non-residential conforming
use tenant within the building or, (ii) the cost of
compliance renders legal residential conversion infeasible.
Residential and other tenants shall be given not less than
sixty days notice in advance of the hearing date for such
application. If the loft board approves such application,
the building or portion thereof shall be exempt from this
article, and may be converted to non-residential conforming
uses, provided, however, that the owner shall, as a
condition of approval of such application, agree to file an
irrevocable recorded covenant in form satisfactory to the
loft board enforceable for fifteen years by the
municipality, that the building will not be re-converted to
residential uses during such time. The standard for granting
such hardship application for a building or portion thereof
shall be as follows: (a) the loft board shall only grant the
minimum relief necessary to relieve any alleged hardship
with the understanding if compliance is reasonably possible
it should be achieved even if it requires alteration of
units, relocation of tenants to vacant space within the
building, re-design of space or application for a non-use-
related variance, special permit, minor modification or
administrative certification; (b) self-created hardship
shall not be allowed; (c) the test for cost infeasibility
shall be that of a reasonable return on the owner's
investment not maximum return on investment; (d) the test
for unreasonably adverse impact on a non-residential
conforming use tenant shall be whether residential
conversion would necessitate displacement. Such hardship
applications shall be submitted to the loft board within
nine months of the establishment of the loft board (or, in
the case of interim multiple dwellings referred to in
subdivision four of section two hundred eighty-one of this
chapter, within nine months of the effective date of that
subdivision), but shall not be considered, absent a waiver
by the loft board, unless the owner has also filed an
alteration application. In determination of any such
hardship application, the loft board may demand such
information as it deems necessary. In approving any such
hardship application, the loft board may fix reasonable
terms and conditions for the vacating of residential
occupancy.
3. An owner of an interim multiple dwelling shall be exempt
from paying a conversion contribution required by the zoning
resolution of the city of New York for that portion of any
building or structure determined by the loft board to be an
interim multiple dwelling.
* NB Terminates 96/06/30
*Sec. 286. Tenant protection.
1. It shall not be a ground for an action or proceeding to
recover possession of a unit occupied by a residential
occupant qualified for the protection of this article that
the occupancy of the unit is illegal or in violation of
provisions of the tenant's lease or rental agreement because
a residential certificate of occupancy has not been issued
for the building, or because residential occupancy is not
permitted by the lease or rental agreement.
2. (i) Prior to compliance with safety and fire
protection standards of article seven-B of this
chapter, residential occupants qualified for
protection pursuant to this article shall be entitled
to continued occupancy, provided that the unit is
their primary residence, and shall pay the same rent,
including escalations, specified in their lease or
rental agreement to the extent to which such lease or
rental agreement remains in effect or, in the absence
of a lease or rental agreement, the same rent most
recently paid and accepted by the owner; if there is
no lease or other rental agreement in effect, rent
adjustments prior to article seven-B compliance shall
be in conformity with guidelines to be set by the
loft board for such residential occupants within six
months from the effective date of this article.
(ii) In addition to any rent adjustment pursuant to
paragraph (i) of this subdivision, on or after the
effective date of this paragraph, the rent for
residential units in interim multiple dwellings that
are not yet in compliance with the requirements of
subdivision one of section two hundred eighty-four of
this article shall be adjusted as follows:
(A) Upon the owners' filing of an alteration
application, as required by paragraph (ii) of
subdivision one of section two hundred eighty-
four of this article, an adjustment equal to six
percent of the rent in effect at the time the
owner files the alteration application.
(B) Upon obtaining an alteration permit, as required
by paragraph (ii) of subdivision one of section
two hundred eighty-four of this article, an
adjustment equal to eight percent of the rent in
effect at the time the owner obtains the
alteration permit.
(C) Upon achieving compliance with the standards of
safety and fire protection set forth in article
seven-B of this chapter for the residential
portions of the building, an adjustment equal to
six percent of the rent in effect at the time
the owner achieves such compliance.
(D) Owners who filed an alteration application prior
to the effective date of this subparagraph shall
be entitled to a prospective adjustment equal to
six percent of the rent on the effective date of
this subparagraph.
(E) Owners who obtained an alteration permit prior
to the effective date of this subparagraph shall
be entitled to a prospective adjustment equal to
fourteen percent of the rent on the effective
date of this subparagraph.
(F) Owners who achieved compliance with the
standards of safety and fire protection set
forth in article seven-B of this chapter for the
residential portions of the building prior to
the effective date of this subparagraph shall be
entitled to a prospective adjustment equal to
twenty percent of the rent on the effective date
of this subparagraph.
(iii) Any rent adjustments pursuant to paragraph (ii)
of this subdivision shall not apply to units
which were rented at market value after June
twenty-first, nineteen hundred eighty-two and
prior to the effective date of this paragraph.
(iv) Payment of any rent adjustments pursuant to
paragraph (ii) of this subdivision shall
commence the month immediately following the
month in which the act entitling the owner to
the adjustment occurred.
3. Upon or after compliance with the safety and fire protection
standards of article seven-B of this chapter, an owner may
apply to the loft board for an adjustment of rent based upon
the cost of such compliance. Upon approval by the loft board
of such compliance, the loft board shall set the initial
legal regulated rent, and each residential occupant
qualified for protection pursuant to this article shall be
offered a residential lease subject to the provisions
regarding evictions and regulation of rent set forth in the
emergency tenant protection act of nineteen seventy-four,
except to the extent the provisions of this article are
inconsistent with such act. At such time, the owners of such
buildings shall join a real estate industry stabilization
association in accordance with such act.
4. The initial legal regulated rent established by the loft
board shall be equal to (i) the rent in effect, including
escalations, as of the date of application for adjustment
("base rent"), plus, (ii) the maximum annual amount of any
increase allocable to compliance as provided herein; and
(iii) the percentage increase then applicable to one, two or
three year leases, as elected by the tenant, as established
by the local rent guidelines board, and applied to the base
rent, provided, however, such percentage increases may be
adjusted downward by the loft board if prior increases based
on loft board guidelines cover part of the same time period
to be covered by the rent guidelines board adjustments.
5. An owner may apply to the loft board for rent adjustments
once based upon the cost of compliance with article seven-B
of this chapter and once based upon the obtaining of a
residential certificate of occupancy. If the initial legal
regulated rent has been set based only upon article seven-B
compliance, a further adjustment may be obtained upon the
obtaining of a residential certificate of occupancy. Upon
receipt of such records as the loft board shall require, the
loft board shall determine the costs necessarily and
reasonably incurred, including financing, in obtaining
compliance with this article pursuant to a schedule of
reasonable costs to be promulgated by it. The adjustment in
maximum rents for compliance with this article shall be
determined either (i) by dividing the amount of the cash
cost of such improvements exclusive of interest and service
charges over a ten year period of amortization, or (ii) by
dividing the amount of the cash cost of such improvements
exclusive of interest and service charges over a fifteen
year period of amortization, plus the actual annual mortgage
debt service attributable to interest and service charges in
each year of indebtedness to an institutional lender, or
other lender approved by the loft board, incurred by the
owner to pay the cash cost of the improvements, provided
that the maximum amount of interest charged includable in
rent shall reflect an annual amortization factor of one-
fifteenth of the outstanding principal balance. Rental
adjustments to each residential unit shall be determined on
a basis approved by the loft board. An owner may elect that
the loft board shall deem the total cost of compliance with
this article to be the amounts certified by the local
department of housing preservation and development of such
municipality in any certificate of eligibility issued in
connection with an application for tax exemption or tax
abatement to the extent such certificate reflects categories
of costs approved by the loft board as reasonable and
necessary for such compliance. Rental adjustments
attributable to the cost of compliance with this article
shall not become part of the base rent for purposes of
calculating rents adjusted pursuant to rent guidelines board
increases.
6. Notwithstanding any provision of law to the contrary, a
residential tenant qualified for protection pursuant to this
chapter may sell any improvements to the unit made or
purchased by him to an incoming tenant provided, however,
that the tenant shall first offer the improvements to the
owner for an amount equal to their fair market value. Upon
purchase of such improvements by the owner, any unit subject
to rent regulation solely by reason of this article and not
receiving any benefits of real estate tax exemption or tax
abatement, shall be exempted from the provisions of this
article requiring rent regulation if such building had fewer
than six residential units as of the effective date of the
act which added this article, or rented at market value
subject to subsequent rent regulation if such building had
six or more residential units at such time. The loft board
shall establish rules and regulations regarding such sale of
improvements which shall include provisions that such right
to sell improvements may be exercised only once for each
unit subject to this article, and that the opportunity for
decontrol or market rentals shall not be available to an
owner found guilty by the loft board of harassment of
tenants.
7. The local rent guidelines board shall annually establish
guidelines for rent adjustments for the category of
buildings covered by this article in accordance with the
standards established pursuant to the emergency tenant
protection act of nineteen seventy-four. The local rent
guidelines board shall consider the necessity of a separate
category for such buildings, and a separately determined
guideline for rent adjustments for those units in which heat
is not required to be provided by the owner, and may
establish such separate category and guideline. The loft
board shall annually commission a study by an independent
consultant to assist the rent guidelines board in
determining the economics of loft housing.
8. Cooperative and condominium units occupied by owners or
tenant-shareholders shall not be subject to rent regulation
pursuant to this article.
9. No eviction plan for conversion to cooperative or
condominium ownership for a building which is, or a portion
of which is an interim multiple dwelling shall be submitted
for filing to the department of law pursuant to the general
business law until a residential certificate of occupancy is
obtained as required by this article, and the residential
occupants qualified for protection pursuant to this article
are offered one, two or three year leases, as elected by
such persons, in accordance with the provisions for
establishment of initial legal regulated rent contained
herein. Non-eviction plans for such buildings may be
submitted for filing only if the sponsor remains responsible
for compliance with article seven-B and for all work in
common areas required to obtain a residential certificate of
occupancy. Cooperative conversion shall be fully in
accordance with section three hundred fifty-two-eeee of the
general business law, the requirements of the code of the
local real estate industry stabilization association, and
with the rules and regulations promulgated by the attorney
general.
10. The functions of the local conciliation and appeals board of
such municipality regarding owners and tenants subject to
rent regulation pursuant to this article shall be carried
out by the loft board until such time as provided otherwise
by local law.
11. Residential occupants qualified for protection pursuant to
this article shall be afforded the protections available to
residential tenants pursuant to the real property law and
the real property actions and proceedings law.
12. No waiver of rights pursuant to this article by a
residential occupant qualified for protection pursuant to
this article made prior to the effective date of the act
which added this article shall be accorded any force or
effect; however, subsequent to the effective date an owner
and a residential occupant may agree to the purchase by the
owner of such person's rights in a unit.
13. The applicability of the emergency tenant protection act of
nineteen seventy-four to buildings occupied by residential
tenants qualified for protection pursuant to this article
shall be subject to a declaration of emergency by the local
legislative body. In the event such act expires prior to the
expiration of this article, tenants in interim multiple
dwellings shall be included in coverage of the rent
stabilization law of nineteen hundred sixty-nine of the city
of New York. * NB Terminates 96/06/30
*Sec. 287. Alternative compliance.
In any case in which a local building code or this chapter
provides an alternative means of meeting the fire and safety
standards of article seven-B of this chapter, an owner of an
interim multiple dwelling may, to the extent permitted by such
local code or this chapter, elect to comply with the standards of
such code or this chapter rather than with article seven-B. Such
an election shall not affect an owner's obligations to meet the
deadlines for compliance set forth in this article, and in such
cases references herein to article seven-B shall be deemed to
include any such local building code or the applicable provisions
of this chapter.
* NB Terminates 96/06/30
=================================================================
ARTICLE 8
REQUIREMENTS AND REMEDIES
Section 300. Permits.
301. Certificate of compliance or
occupancy.
302. Unlawful occupation.
302a Abatement of rent in the
case of serious violations.
302b Removal of violations by
mortgagees.
302c Right of tenant to offset
payments for heat failure; certain
cases.
303. Enforcement.
304. Penalties for violations.
305. Violation of local laws and
regulations.
306. Judicial procedure and orders.
307. Liens.
308. Notice of pendency of action.
309. Repairs, vacation and
demolition of buildings.
309a Multiple dwelling;
apartment prohibitions for certain
employees.
310. Board of appeals.
=================================================================
Sec. 300. Permits.
1. It shall be unlawful to commence the construction or
alteration of a multiple dwelling or any part or section
thereof, or of any building or structure on the same lot
with such a dwelling, or the alteration or conversion of a
building for use as a multiple dwelling, or the moving of a
dwelling from one lot to another, until the issuance of a
permit by the department upon compliance with all of the
following requirements:
a. The owner, or a registered architect or licensed
professional engineer designated by the owner as his
agent, shall file with the department, upon a form
furnished by it, a detailed statement of the
specifications for the construction, alteration,
conversion or moving of such dwelling or structure and
for its use and occupancy, together with as many
complete copies of the plans of such work as may be
required by the department.
b. Such statement shall give the name and residence, by
street and number, of the owner of such dwelling or
structure. If such construction, alteration, conversion
or moving is proposed to be done by any other person
than the owner of the land in fee, such statement shall
also contain the name and residence, by street and
number, of every person interested in such land and
dwelling, either as owner, as lessee or in any
representative capacity.
c. Such statement shall be verified by an affidavit of the
person making it. Said affidavit shall allege that said
specifications and plans are true and contain a correct
description of such dwelling or structure, of the class
and kind thereof, of its occupancy of the lot and of
the proposed work. No architect or engineer shall be
recognized as the agent of the owner unless he shall
file with the department a written instrument, signed
by the owner, designating him as such agent. Any false
allegation in respect to a material point shall be
deemed perjury.
d. Such specifications, plans and statements shall be
filed in the department, which shall cause them to be
examined. If such plans and specifications conform to
the provisions of this chapter, to the building code
and regulations, and to all other applicable law, they
shall be approved by the department, and a written
certificate to that effect shall be issued to the
person entitled thereto.
2. The construction, alteration, conversion or moving of such
dwelling or structure or any section or part thereof shall
be in accordance with such approved specifications, plans
and statements. The department may approve changes in any
plans, specifications and statements previously approved by
it, provided that when so changed they are in conformity
with law and with the provision of subdivision four.
3. Nothing contained in this section shall prevent the
department from issuing a permit for the erection of the
foundation or cellar walls of a dwelling, provided plans
have been filed and approved in the department for the
erection of such walls, but no construction above the first
tier of beams shall be authorized under such permit.
4. Any permit or approval which may be issued by the
department, but under which no work has been done above the
foundation or cellar walls within two years from the time of
the issuance of such permit or approval, shall expire. The
department may reissue any permit or renew any approval that
has so expired, but shall require, except as otherwise
provided in subdivision one of section twenty-six, that the
plans be made to conform with any amendments to any laws
applicable thereto that may have been enacted after the
approval of the original application.
5. Any permit or approval issued for plans filed prior to
December fifteenth, nineteen hundred sixty-one, where such
plans do not comply with the provisions of paragraph d of
subdivision one of section twenty-six, shall expire on
December fifteenth, nineteen hundred sixty-seven.
6. No room in a cellar or basement shall be occupied for living
purposes unless the department shall issue a written permit
for such occupancy after all the applicable provisions of
law have been complied with. If such permit is refused or
revoked, the reason for such action shall be stated by the
department in writing and a copy of such statement shall be
recorded by the department and be accessible to the public.
In a tenement such permit shall be kept readily accessible
in the main living room of the apartment containing such
cellar or basement room.
7. The department shall have power to revoke or cancel any
permit or approval in case of any failure to comply with any
of the provisions of this chapter, or in case any false
allegation or representation is made in any specifications,
plans or statements submitted or filed for such permit or
approval.
8. All specifications, plans, permits and statements filed in
the department shall be public records and shall not be
removed from the department.
Sec. 301. Certificate of compliance or occupancy.
1. No multiple dwelling shall be occupied in whole or in part
until the issuance of a certificate by the department that
said dwelling conforms in all respects to the requirements
of this chapter, to the building code and rules and to all
other applicable law, except that no such certificate shall
be required in the case of:
a. Any class B multiple dwelling existing on April
eighteenth, nineteen hundred twenty-nine, for which a
certificate of occupancy was not required before such
date and in which no changes or alterations have been
made except in compliance with this chapter, and
b. Any old-law tenement, or any class A multiple dwelling
erected after April twelfth, nineteen hundred one,
which was occupied for two years immediately before
January first, nineteen hundred nine, and in which no
changes or alterations have been made except in
compliance with the tenement house law or this chapter,
or wherein:
(1) two or more apartments are combined creating
larger residential units, and
(2) the total legal number of families within the
building is being decreased, and
(3) the bulk of the buildings is not being increased
These exceptions shall not be deemed to relieve any
owner from the obligation to make every alteration
required in any old-law tenement or other multiple
dwelling in compliance with the applicable provisions
of this chapter.
2. Except as above provided, no dwelling constructed as or
altered or converted into a multiple dwelling after
April eighteenth, nineteen hundred twenty-nine, shall
be occupied in whole or in part until the issuance of a
certificate of compliance or occupancy.
3. Such certificate shall be issued within ten days after
written application therefor if the dwelling shall be
entitled thereto. The department shall, on request of
the owner or of his certified agent, issue a
certificate of compliance or occupancy for any existing
multiple dwelling not requiring such certificate,
provided that, after an inspection by the department,
no violations are found against such dwelling.
4. The head of the department may, on the request of the owner
or his certified agent, issue a temporary certificate of
compliance or occupancy for a multiple dwelling or a section
or a part thereof for a period of ninety days or less,
provided that such certificate shall bear the endorsement
that the dwelling has been inspected by the department and
complies with all the requirements of this chapter, and that
such temporary occupancy will not jeopardize life, health or
property. Such temporary certificate may be renewed at the
discretion of the head of the department for similar periods
but shall not extend, together with such renewals, beyond a
total period of two years from the date of its original
issuance.
5. A certificate, a record in the department, or a statement
signed by the head of the department that a certificate has
been issued, may be relied upon by every person who in good
faith purchases a multiple dwelling or who in good faith
lends money upon the security of a mortgage covering such a
dwelling. Whenever any person has so relied upon such a
certificate, no claim that such dwelling had not, prior to
the issuance of such certificate, conformed in all respects
to the provisions of this chapter shall be made against such
person or against the interest of such person in a multiple
dwelling to which such a certificate applies or concerning
which such a statement has been issued.
6. Notwithstanding any general or local law to the contrary, a
certificate issued for any multiple dwelling organized
pursuant to the provisions of article nine-B of the real
property law, shall be deemed issued for each dwelling unit
contained within such multiple dwelling in full compliance
with the requirements of this section.
Sec. 302. Unlawful occupation.
1. a. If any dwelling or structure be occupied in whole
or in part for human habitation in violation of section
three hundred one, during such unlawful occupation any
bond or note secured by a mortgage upon said dwelling
or structure, or the lot upon which it stands, may be
declared due at the option of the mortgagee.
b. No rent shall be recovered by the owner of such
premises for said period, and no action or special
proceeding shall be maintained therefor, or for
possession of said premises for nonpayment of such
rent.
c. During such period the department in charge of water
supply shall not permit water to be furnished in any
such dwelling or structure and said premises shall be
deemed unfit for human habitation, and the department
of health or the department charged with the
enforcement of this chapter shall cause them to be
vacated.
2. The department may cause to be vacated any dwelling or any
part thereof which contains a nuisance as defined in section
three hundred nine, or is occupied by more families or
persons than permitted in this chapter, or is erected,
altered or occupied contrary to law. Any such dwelling shall
not again be occupied until it or its occupancy, as the case
may be, has been made to conform to law.
Sec. 302-a. Abatement of rent in the case of serious
violations.
1. The provisions of this section shall apply to all cities
with a population of four hundred thousand or more.
2. a. A "rent impairing" violation within the meaning of
this section shall designate a condition in a multiple
dwelling which, in the opinion of the department,
constitutes, or if not promptly corrected, will
constitute, a fire hazard or a serious threat to the
life, health or safety of occupants thereof.
b. The determination as to which violations are "rent
impairing" shall be made in the following manner.
Within six months after the enactment of this section,
the department shall promulgate a list of conditions
constituting violations of the provisions of this
chapter and of any regulations promulgated pursuant to
the provisions of subdivision four of section three of
this chapter. Such list shall contain a brief
description of the condition constituting the
violation, the section of this chapter or regulation
violated, and the order number assigned thereto. The
department may from time to time change the number or
description of violations on such list, as may seem
appropriate to the department. Such list shall be
available at all times to the public.
c. At the time of the promulgation of the list of
violations, the department shall also designate, by
reference to the order number, those violations which
it proposes to classify as rent impairing as above
defined. Within thirty days thereafter, the department
shall hold a public hearing at which all persons
interested may be heard as to the propriety of the
classification of such violations as rent impairing. At
least twenty days' notice of such hearing shall be
given by publication in the city record or other
publication in which official notices of the city are
regularly published. Within a reasonable time after the
hearing, the department shall make and publish a list
of those violations which are classified as rent
impairing. Any person interested may, within four
months thereafter, seek a review by the supreme court
of the propriety of the classification of any of such
violations as "Rent Impairing" by a special proceeding
pursuant to article seventy-eight of the civil practice
law and rules. No other body or officer shall have the
power to review said classification.
d. The department may at any time change the number or
description of rent impairing violations but no such
change shall be made except in the manner above set
forth after notice and public hearing.
3. a. If (i) the official records of the department
shall note that a rent impairing violation exists in
respect to a multiple dwelling and that notice of such
violation has been given by the department, by mail, to
the owner last registered with the department and (ii)
such note of the violation is not canceled or removed
of record within six months after the date of such
notice of such violation, then for the period that such
violation remains uncorrected after the expiration of
said six months, no rent shall be recovered by any
owner for any premises in such multiple dwelling used
by a resident thereof for human habitation in which the
condition constituting such rent impairing violation
exists, provided, however, that if the violation is one
that requires approval of plans by the department for
the corrective work and if plans for such corrective
work shall have been duly filed within three months
from the date of notice of such violation by the
department to the owner last registered with the
department, the six-months period aforementioned shall
not begin to run until the date that plans for the
corrective work are approved by the department; if
plans are not filed within said three-months period or
if so filed, they are disapproved and amendments are
not duly filed within thirty days after the date of
notification of the disapproval by the department to
the person having filed the plans, the six-months
period shall be computed as if no plans whatever had
been filed under this proviso. If a condition
constituting a rent impairing violation exists in the
part of a multiple dwelling used in common by the
residents or in the part under the control of the owner
thereof, the violation shall be deemed to exist in the
respective premises of each resident of the multiple
dwelling.
b. The provisions of subparagraph a shall not apply if (i)
the condition referred to in the department's notice to
the owner last registered with the department did not
in fact exist, notwithstanding the notation thereof in
the records of the department; (ii) the condition which
is the subject of the violation has in fact been
corrected, though the note thereof in the department
has not been removed or canceled; (iii) the violation
has been caused by the resident from whom rent is
sought to be collected or by members of his family or
by his guests or by another resident of the multiple
dwelling or the members of the family of such other
resident or by his guests, or (iv) the resident
proceeded against for rent has refused entry to the
owner for the purpose of correcting the condition
giving rise to the violation.
c. To raise a defense under subparagraph a in any action
to recover rent or in any special proceeding for the
recovery of possession because of non-payment of rent,
the resident must affirmatively plead and prove the
material facts under subparagraph a, and must also
deposit with the clerk of the court in which the action
or proceeding is pending at the time of filing of the
resident's answer the amount of rent sought to be
recovered in the action or upon which the proceeding to
recover possession is based, to be held by the clerk of
the court until final disposition of the action or
proceeding at which time the rent deposited shall be
paid to the owner, if the owner prevails, or be
returned to the resident if the resident prevails. Such
deposit of rent shall vitiate any right on the part of
the owner to terminate the lease or rental agreement of
the resident because of nonpayment of rent.
d. If a resident voluntarily pays rent or an installment
of rent when he would be privileged to withhold the
same under subparagraph a, he shall not thereafter have
any claim or cause of action to recover back the rent
or installment of rent so paid. A voluntary payment
within the meaning hereof shall mean payment other than
one made pursuant to a judgment in an action or special
proceeding.
e. If upon the trial of any action to recover rent or any
special proceeding for the recovery of possession
because of non-payment of rent it shall appear that the
resident has raised a defense under this section in bad
faith, or has caused the violation or has refused entry
to the owner for the purpose of correcting the
condition giving rise to the violation, the court, in
its discretion, may impose upon the resident the
reasonable costs of the owner, including counsel fees,
in maintaining the action or proceeding not to exceed
one hundred dollars.
Sec. 302-b. Removal of violations by mortgagees.
1. Notwithstanding any other provision of law, where a receiver
has been appointed in foreclosure proceedings instituted by
a mortgagee with respect to any multiple dwelling, such
mortgagee may advance to such receiver funds necessary for
the operation of such multiple dwelling and for the making
of repairs therein necessary to remove conditions
constituting violations of this chapter. Such receiver
shall, to the extent possible, repay any and all such
advances from income received by him with respect to the
property and, if such income is insufficient to permit
complete repayment of such advances, any amounts which
cannot be so repaid, with interest, shall be added to the
amount of the lien of such mortgagee upon entry of a
foreclosure judgment, provided, however, that such amounts
shall not be the basis for any additional personal liability
on the part of the mortgagor.
2. Notwithstanding any other provisions of law, a mortgagee
advancing funds to a receiver pursuant to subdivision one of
this section shall be liable only for gross and willful
negligence with respect to any repair made at his direction
and with funds so advanced.
Sec. 302-c. Right of tenant to offset payments for heat
failure; certain cases.
1. Any tenant acting alone or together with other tenants of a
multiple dwelling employing an oil fired heating device for
which the owner is responsible and wherein there exists a
lack of heat due to the owner's failure to have oil supplied
to the premises, may contract and pay for the delivery of
such oil in accordance with the provisions of this section.
Any payment so made shall be deductible from rent providing
the following provisions have been substantially complied
with by the tenant or someone acting on his behalf:
a. Reasonable efforts were made to contact the owner or
his agent to inform the owner of such failure to supply
oil.
b. Reasonable efforts were made to have the normal fuel
supplier to the premises deliver the requested fuel.
c. Delivery of fuel oil to the premises was secured from a
fuel supplier regularly engaged in such business at a
price within the range of prices listed by the
department in the index provided for in subdivision
three of this section.
d. The fuel supplier from whom oil is secured provided a
written statement containing the following:
(1) The name of the person or persons who requested
the delivery; and
(2) The date, time of and premises to which delivery
was made; and
(3) The amount, grade and price of the oil
delivered; and
(4) A certification that the usable fuel supply
before the delivery was exhausted; and
(5) The charge, if any, for refiring the burner; and
(6) The amounts and from whom any payments were
received.
e. A tenant shall not be required to comply with the
provisions of paragraph a or b hereof unless the owner
has continuously kept posted in a conspicuous place at
the premises a notice containing his name, address and
telephone number or that of his agent and the name,
address and telephone number of the fuel supplier to
the premises.
f. For purposes of this section, a multiple dwelling shall
be considered to lack heat if, during the months
between October first and May thirty-first, while its
usable fuel supply was exhausted, the outdoor
temperature fell below fifty-five degrees Fahrenheit at
any time during the hours between six o'clock in the
morning and ten o'clock in the evening.
2. The deduction from rent allowed by this section shall also
include a reasonable charge, if any, made by the supplier
for refiring the oil burner at the premises.
3. The department charged with the enforcement of laws,
ordinances and regulations in relation to multiple dwellings
shall:
a. Maintain and, to the extent practicable, update at
least bi-weekly an index reflecting the range of prices
of fuel oil according to grade and quantity paid per
gallon on deliveries within the jurisdiction of the
department during the last two week period for which
statistics are available; and
b. Maintain and keep current and available a list of
suppliers which have agreed to make deliveries of fuel
oil in the circumstances, and to render such assistance
as is otherwise required hereby to enable tenants to
obtain the benefits, contemplated by this section.
4. The payment for fuel oil at a price within the range of
prices permitted by paragraph c of subdivision one of this
section shall be conclusively presumed to have been a
reasonable price.
5. The introduction into evidence in any action or proceeding
of any statement rendered in compliance with the provisions
of paragraph d of subdivision one of this section shall be
presumptive of the facts stated therein. Sufficient
foundation for the allowance into evidence of such statement
shall consist of the oral testimony of any person named as a
payer of all or part of the amount indicated thereon
relating the facts and circumstances in which the statement
was rendered.
6. Any tenant who has in good faith secured and paid for fuel
oil otherwise in conformance with the provisions of this
section and against whom an action or proceeding to recover
possession of the premises for nonpayment of rent or any
other action or proceeding attributable at least in part to
the tenant seeking or taking a deduction from rent as
allowed by this section shall, in addition to any other
amounts, be entitled to recover reasonable costs and
attorney's fees against an owner bringing such action or
proceeding.
7. No owner or agent shall be entitled to recover any amounts
in damages from any fuel oil supplier who attempts in good
faith and acts reasonably to carry out the intendment of
this section except damages arising out of gross negligence.
8. The remedy provided in this section shall not be exclusive
and a court may provide such other relief as may be just and
proper in the circumstances. Nothing in this section shall
be construed to limit or deny any existing constitutional,
statutory, administrative or common law right of a tenant to
contract and pay for the delivery of fuel oil for the
multiple dwelling in which he resides or to pay for the cost
of any other goods and services for such multiple dwelling.
This section shall not be construed to preclude any defense,
counterclaim or cause of action asserted by a tenant that
may otherwise exist with respect to an owner's failure to
provide heat or any other service.
9. Any agreement by a tenant of a dwelling waiving or modifying
his rights as set forth in this section shall be void as
contrary to public policy.
10. The provisions of this section shall be liberally construed
so as to give effect to the purposes set forth herein.
*11. Nothing contained in this section and no payment made
pursuant to this section shall be deemed to discharge the
liability of a renter with an interest in real property
pursuant to subdivision two of section three hundred four of
the real property tax law from taxes levied on such
interest.
* NB (Effective pending ruling by Commissioner of Internal
Revenue)
Sec. 303. Enforcement.
1. Except as herein otherwise provided, the provisions of this
chapter shall be enforced by the department charged with the
enforcement of laws, ordinances and regulations in relation
to multiple dwellings.
1-a. For the purpose of enforcing the provisions of this chapter,
the department shall have the power to subpoena witnesses,
administer oaths and take testimony, compel the production
of books, papers, records and documents and to hold public
or private hearings, subject to the right of any person who
shall appear hereunder to be represented by counsel of his
own choosing, at any such hearing. The department may
designate one or more of its members, officers or employees
to exercise any one or more of such powers.
2. Nothing in this chapter shall be construed to abrogate or
impair the powers of any department or of the courts to
enforce the provisions of any local law, ordinance, rule,
regulation or charter not inconsistent with this chapter, or
to prevent violations or punish violators thereof.
Sec. 304. Penalties for violations.
1. Except as otherwise in this section specifically provided,
every person who shall violate or assist in the violation of
any provision of this chapter shall be guilty of a
misdemeanor punishable, for a first offense, by a fine of
not exceeding five hundred dollars or by imprisonment for a
period of not exceeding thirty days, or by both such fine
and imprisonment; for the second and any subsequent offense
arising from the failure to remove the violation upon which
the first offense was based, by a fine of not exceeding one
thousand dollars or by imprisonment for a period of not
exceeding six months, or by both such fine and imprisonment.
1-a. Every person who shall violate or assist in the violation of
any provision of sections twenty-nine, thirty-seven, sixty-
two, eighty eighty-one, eighty-three or three hundred twenty-
five of this chapter shall be guilty of an offense. The
maximum fine for a first violation of any provision of such
sections hereinbefore in this subdivision set forth, with
respect to a particular dwelling, shall be fifty dollars;
the maximum fine for the second offense arising from the
failure to remove the violation upon which the first offense
was based shall be two hundred fifty dollars; the maximum
fine for the third or any subsequent offense arising from
the failure to remove the violation upon which the first and
second offenses were based shall be five hundred dollars.
Such a violation under this subdivision shall not be a crime
and the penalty or punishment imposed therefor shall not be
deemed for any purpose a penal or criminal penalty or
punishment, and shall not impose any disability upon or
affect or impair the credibility as a witness, or otherwise,
of any person convicted thereof.
2. Any person who, having been served with a notice or order to
remove any nuisance or violation, shall fail to comply
therewith within five days after such service, or shall
continue to violate any provision or requirement of this
chapter in the respect named in such notice or order, shall
also be subject to a civil penalty of two hundred fifty
dollars. Such persons shall also be liable for all costs,
expenses and disbursements incurred by any such department
or its agent or contractor in the removal of any such
nuisance or violation.
3. In case the notice required by section three hundred twenty-
five is not filed, or the owner of a dwelling does not
reside within the state or cannot after diligent effort be
served with process therein, the existence of a nuisance or
of any other violation of this chapter or of an order or a
notice made by the department, shall subject the dwelling
and lot to a penalty of two hundred fifty dollars.
4. An action may be brought in any court of competent civil
jurisdiction for the recovery of any such penalties, costs
and disbursements.
5. All penalties collected shall be paid into the treasury of
the city, but no provision of this chapter shall prohibit
the city from creating and maintaining out of such penalties
a separate fund not in excess of twenty-five thousand
dollars, out of which payment may be made for repairs made
by any department charged with the enforcement of this
chapter or its agents or contractors, as provided in section
three hundred nine.
6. No civil or criminal liability or penalty shall attach to
any person who has acquired or shall acquire any tenement or
converted dwelling by foreclosure of a mortgage or deed in
lieu of foreclosure of a mortgage, because of his failure
for a period of six months after the delivery of the
referee's deed in foreclosure or the delivery of such deed
in lieu of foreclosure, to comply with the provisions of
this chapter in reference to such tenement or converted
dwelling, provided he remains the owner thereof. Upon the
transfer of title by such person prior to the termination of
the said six months, and in any event upon the termination
of such period, such penalties shall apply as provided in
this section.
6-a. No civil or criminal liability or penalty shall attach to
any person who has, by an order of a court, been appointed
as a receiver in a foreclosure action to collect rents,
because of his failure for a period of six (6) months after
he qualifies as such receiver, to comply with any of the
provisions of this chapter.
Upon the receiver's discharge by the court prior to the
termination of such period, and in any event upon the
termination of such period, the penalties provided in this
section shall thereafter apply.
6-b. No civil or criminal liability or penalty shall attach to
any person who shall by operation of law become an owner of
a multiple dwelling then or thereafter certified and
declared a public nuisance to any extent pursuant to
paragraph b of subdivision one of section three hundred nine
of this chapter, or the holder or beneficial owner of stock
in such owner, if a corporation, because of his failure to
comply with any of the provisions of this chapter for a
period of six months after he acquires ownership of said
multiple dwelling or the stock or beneficial interest in the
stock of a corporation which is the owner.
7. None of the civil or criminal penalties provided in this
section shall apply to any person because of his failure to
comply with the provisions of section two hundred thirty-
three, subdivision four of section two hundred thirty-eight,
subdivision three of section two hundred forty or
subdivisions two and three of section two hundred fifty in
reference to any old-law tenement, if he agrees in writing
with the department to comply with such provisions or to
vacate or demolish such tenement, within a period not
exceeding six months fixed by the department. Such agreement
shall be in form satisfactory to the department, and shall
contain provisions to secure the performance thereof and
such other terms as may be mutually agreed upon. The
transfer of title or control by such person, or the
termination of such period by limitation, shall subject the
person then directly or indirectly in control of such
tenement to the penalties prescribed by this section, if
violations of such provisions then exist.
8. Whenever a multiple dwelling shall have been declared a
public nuisance to any extent pursuant to paragraph b of
subdivision one of section three hundred nine of this
chapter and such declaration shall have been filed as
therein provided, all officers, directors and persons having
an interest, as holder or beneficial owner thereof, in more
than ten per cent of the issued and outstanding stock of any
corporation, other than a banking organization as defined in
section two of the banking law, a national banking
association, a federal savings and loan association, The
Mortgage Facilities Corporation, Savings Banks Life
Insurance Fund, The Savings Banks Retirement System, an
authorized insurer as defined in section one hundred seven
of the insurance law, or a trust company or other
corporation organized under the laws of this state all the
capital stock of which is owned by at least twenty savings
banks or a subsidiary corporation all of the capital stock
of which is owned by such trust company or other
corporation, then in operation and control of such multiple
dwelling, shall, in addition to all other liabilities and
penalties provided in this chapter and elsewhere, be jointly
and severally liable for all injury to person or property
thereafter sustained by any tenant of such multiple dwelling
or any other person by reason of the condition constituting
such public nuisance and for all costs and disbursements
including attorneys' fees of any suit brought by such tenant
or other person.
9. No civil or criminal liability or penalty shall attach to
any person by reason of his ownership or beneficial
ownership of stock in a corporation owning a multiple
dwelling declared to be a public nuisance pursuant to
paragraph b of subdivision one of section three hundred nine
of this chapter because of his failure to comply with any of
the provisions of this chapter, whose interest in such
corporation is less than twenty-five per cent of the issued
and outstanding stock thereof, as owner or beneficial owner
thereof, and who has sustained the burden of proving that he
has not participated directly or indirectly in the
management, operation or control of such multiple dwelling.
10. No criminal liability or penalty shall attach to any person
by reason of his ownership or beneficial ownership of stock
in a corporation owning a multiple dwelling declared to be a
public nuisance pursuant to paragraph b of subdivision one
of section three hundred nine of this chapter because of his
failure to comply with any of the provisions of this chapter
unless and until he has had a reasonable period of time to
comply following his having become an owner as defined in
this chapter.
11. The term "person" as used in this section shall include the
owner, mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent or any other
person, firm or corporation directly or indirectly in
control of a dwelling or part thereof. Whenever a multiple
dwelling shall have been declared a public nuisance to any
extent pursuant to paragraph b of subdivision one of section
three hundred nine of this chapter and such declaration
shall have been filed as therein provided, the term "person"
shall be deemed to include, in addition to those mentioned
hereinabove, all the officers, directors and persons having
an interest in more than ten percent of the issued and
outstanding stock of the owner as herein defined, as holder
or beneficial owner thereof, if such person be a corporation
other than a banking organization as defined in section two
of the banking law, a national banking association, a
federal savings and loan association, The Mortgage
Facilities Corporation, Savings Banks Life Insurance Fund,
The Savings Banks Retirement System, an authorized insurer
as defined in section one hundred seven of the insurance
law, or a trust company or other corporation organized under
the laws of this state all the capital stock of which is
owned by at least twenty savings banks or a subsidiary
corporation all of the capital stock of which is owned by
such trust company or other corporation.
Sec. 305. Violation of local laws and regulations.
Any owner, architect, builder, contractor, sub-contractor,
construction superintendent or their agents who shall, in the
construction or alteration of any building or structure intended
to be occupied as a multiple dwelling, knowingly violate any of
the provisions of local laws, ordinances, rules or regulations
shall be guilty of a misdemeanor.
Sec. 306. Judicial procedure and orders.
1. In case any multiple dwelling or structure or any part
thereof or the lot on which it is situated is constructed,
altered, converted or maintained in violation of any
provision of this chapter or of any order or notice of the
department, or in case a nuisance exists in any such
dwelling or structure or part thereof or upon the lot on
which it is situated, the department may institute any
appropriate action or proceeding to prevent such unlawful
construction, alteration, conversion or maintenance, to
restrain, correct or abate such violation or nuisance, to
prevent the occupation of said dwelling or structure or any
part thereof, or to prevent any illegal act, conduct or
business in or about such dwelling, structure or lot.
2. In any such action or proceeding the department may, by
affidavit setting forth the facts, apply to the supreme
court, or to any justice thereof, or, if the premises in
respect to which the action is brought are situated in the
city of New York, to the New York city civil court, for:
a. An order granting the relief for which said action or
proceeding is brought, or enjoining all persons from
doing or permitting to be done any work in or about
such dwelling, structure or lot or any part thereof, or
from occupying or using the same for any purpose, until
the entry of final judgment or order.
b. An order authorizing the department to execute and
carry out the provisions of any notice or order which
is issued by the department and not complied with, to
remove any violation specified in such notice or order,
or to abate any nuisance in or about such dwelling,
structure or lot.
3. In an action to establish a lien under this chapter, the
service and procedure, except as otherwise provided in
section three hundred nine, shall be as set forth in
sections three hundred twenty-six and three hundred fifty-
six to three hundred sixty, both inclusive.
4. The judgment in any such action may provide for the sale at
public auction of the property affected, and for such other
remedies to secure the enforcement thereof as the court may
deem proper.
5. The court or any justice thereof is authorized to make any
order specified in this section.
6. In no case shall the city, or the department or any officer
or employee thereof, be liable for costs in any action or
proceeding that may be commenced pursuant to this chapter.
Sec. 307. Liens.
Every fine imposed by judgment under section three hundred four
upon an owner shall be a lien upon the premises in relation to
which the fine is imposed from the time of the filing of a
certified copy of said judgment in the office of the clerk of the
county in which such premises are situated, subject only to
taxes, assessments and water rates and to such mortgage and
mechanics' liens as may exist thereon prior to such filing; and
it shall be the duty of the department upon the entry of said
judgment to file such certified copy forthwith, and such copy
shall be forthwith indexed by such clerk in the index of
mechanics' liens.
Sec. 308. Notice of pendency of action.
1. In any action or proceeding instituted by the department the
plaintiff or petitioner may file in the county clerk's
office of the county where the premises affected by such
action or proceeding are situated, a notice of the pendency
of such action or proceeding. Such notice may be filed at
any time after the service of any notice or order issued by
the department, at the time of the commencement of the
action or proceeding, or at any time afterwards, before
final judgment or order.
2. Each county clerk with whom such a notice is filed shall
record and index it to the name of each person specified in
a direction subscribed by the corporation counsel or other
legal officer of the city.
3. Any such notice may be vacated upon the order of a judge or
justice of the court in which such action or proceeding was
instituted or is pending, or upon the consent in writing of
the corporation counsel or other legal officer of the city.
The clerk of the county where such notice is filed shall
mark such notice and any record or docket thereof as
canceled of record upon the presentation and filing of such
consent or of a certified copy of such order.
Sec. 309. Repairs, vacation and demolition of buildings.
1. a. The term "nuisance" shall be held to embrace
public nuisance as known at common law or in equity
jurisprudence. Whatever is dangerous to human life or
detrimental to health, and whatever dwelling is
overcrowded with occupants or is not provided with
adequate ingress and egress or is not sufficiently
supported, ventilated, sewered, drained, cleaned, or
lighted in reference to its intended or actual use, and
whatever renders the air or human food or drink
unwholesome, are also severally, in contemplation of
this law, nuisances. All such nuisances are unlawful.
b. Whenever the department shall certify that any multiple
dwelling, or any part of its premises, or the plumbing,
sewerage, drainage, lighting or ventilation thereof, is
in a condition or in effect dangerous to life or
health, the department may, after giving notice to the
owner and an opportunity to be heard at a hearing held
for such purpose declare the same, to the extent it may
specify, a public nuisance. Such declaration shall be
filed as provided by section three hundred twenty-eight
of this chapter, if applicable, or as a public record
in the department. The officers of a corporation upon
which notice of such hearing has been served other than
a banking organization as defined in section two of the
banking law, a national banking association, a federal
savings and loan association, The Mortgage Facilities
Corporation, Savings Banks Life Insurance Fund, The
Savings Banks Retirement System, an authorized insurer
as defined in section one hundred seven of the
insurance law, or a trust company or other corporation
organized under the laws of this state all the capital
stock of which is owned by at least twenty savings
banks or a subsidiary corporation all of the capital
stock of which is owned by such trust company or other
corporation, shall serve similar notice on all
stockholders of record of the corporation and other
persons known to be stockholders or beneficial owners
of the stock of the corporation. A stockholder upon
whom such notice has been served shall serve similar
notice upon any persons holding a beneficial interest
in his stock.
c. The department may order or cause such nuisance to be
removed, abated, suspended, purified, altered, repaired
or otherwise improved as the order shall specify.
d. The department may order or cause any multiple dwelling
or any part of its premises, or any excavation,
structure, sewer, plumbing, pipe, passage, matter or
thing in or about such premises to be purified,
cleansed, disinfected, removed, altered, repaired or
improved.
e. Whenever the department shall certify that a nuisance
exists in a multiple dwelling, or any part of its
premises, which constitutes a serious fire hazard or is
a serious threat to life, health or safety, the
department may issue a written order to the owner
directing the removal or remedying of such nuisance in
the manner and within the time specified in such order
which shall be not less than twenty-one days after the
service thereof on the owner in the manner specified in
subdivision one of section three hundred twenty-six of
this chapter except that if the department shall
determine that the condition is such that a delay of
twenty-one days in remedying or removing the same may
cause irreparable harm to the building or constitutes
an imminent danger to its occupants, or the occupants
of adjoining property or the general public, then the
time specified for such remedy or removal may be less
than twenty-one days.
f. If any order of the department is not complied with or
not so far complied with as the department may regard
as reasonable, within the time therein designated, then
such order may be executed by the department, its
agents or contractors, or, as an alternative, if the
multiple dwelling involved shall have been declared to
be a public nuisance pursuant to paragraph b of
subdivision one of section three hundred nine of this
chapter and such declaration shall have been filed as
therein provided, the department or a receiver
appointed pursuant to subdivision five of this section
or any tenant of such multiple dwelling may institute
and maintain an action in the supreme court in the
county where the multiple dwelling is located, or in
the housing part of the New York city civil court, if
the multiple dwelling is located in the city of New
York, against any owner or owners to whom the order was
issued pursuant to paragraph e of subdivision one of
this section for an order compelling such owner of
owners to comply with the department's order and, if
such action be brought by such receiver or tenant, for
payment of the costs and disbursements of the action
including legal fees. Except as owners may have
otherwise agreed, any owner who removes or remedies the
nuisance in compliance with an order of the department
or court shall de entitled to recover a proportionate
share of the total expense of such compliance from all
other owners to whom the department's order was issued
or to whom such owner sent a copy of the department's
order within thirty days of receipt of same by
registered mail.
g. The department may in its discretion let out contracts
for the repairs to be done pursuant to this section in
accordance with the provisions of local laws,
ordinances, rules and regulations of the city
applicable to the letting of contracts for public
works.
2. a. An "untenanted hazard" is a multiple dwelling or
any part thereof, or any structure on the same premises
with a multiple dwelling, which has been untenanted for
a period of sixty days or more and either is not
guarded continuously by a resident caretaker or has any
exterior openings which are not sealed in a manner
approved by the department and is a fire hazard or in a
condition dangerous or detrimental to human life,
health or morals.
b. Whenever an officer of the department shall certify
that any multiple dwelling or part thereof is an
untenanted hazard, the department shall so notify the
owner by attaching a notice in a conspicuous place on
the premises to such effect, and sending by registered
mail a copy of such notice to such owner, at the
address or addresses registered with the department,
or, if no address is registered with the department and
such owner cannot with due diligence be served
personally, by sending a copy of such notice by
registered mail to the last known address of such
owner. The department shall also send a copy of such
notice by registered mail to every owner of record of a
mortgage upon such premises, at the address of such
owner appearing in the record of such mortgage in the
office in which mortgages are registered in the county
in which such premises are located or, if no address
appear therein, by sending such notice by registered
mail to the person at whose request such instrument was
recorded.
c. Such notice shall contain a description of the
dwelling, and a statement of the particulars in which
the dwelling is deemed to be an untenanted hazard, and
the order that the dwelling or part thereof be
demolished. Such notice and order shall require the
person thus served to certify within ten days
thereafter to the department his assent or refusal to
demolish the same.
d. If such demolition is not commenced within twenty-one
days after the mailing and posting of such notice and
order, such department shall then serve all such
aforementioned persons further notice to the effect
that on a certain day it will apply to the special term
of the supreme court for the hearing of motions for the
county in which such premises are located, or to the
housing part of the New York city civil court, if the
premises are located in the city of New York, for an
order declaring such untenanted hazard to exist and
directing the demolition of such premises or part
thereof.
e. Such court shall, if it finds the statements in the
notice to be true, direct that, if within five days
after the order is entered it is not complied with, the
department may proceed with the execution of such order
through contractors in accordance with the provisions
of local laws, ordinances, rules and regulations of the
city applicable to the letting of contracts for public
works, or through its own officers, agents or
employees.
f. The expenses and disbursements incurred by the
department in carrying out such orders shall be met
from any appropriation for such purpose or, to the
extent that no such appropriation has been made or that
any such appropriation is insufficient, from the
proceeds of the sale of obligations pursuant to the
local finance law.
3. Whenever the department has incurred any expense for which
payment is due under the provisions of this section, the
department may institute and maintain a suit against the
owner of the dwelling in respect to which such expense shall
have been incurred and may recover the amount of such
expense as in this section provided. In any case where
expenditures made or obligations incurred by a receiver
appointed pursuant to subdivision five of this section in
remedying a nuisance are not paid or reimbursed from the
rents and income of the dwelling or where the receivership
expenses, fees and commissions are not paid or reimbursed
from the rents and income of the dwelling, the receiver may
institute and maintain a suit against the owner of the
dwelling to recover such deficiency.
4. a. The department or a receiver appointed pursuant to
subdivision five of this section shall have a lien, for
the expenses necessarily incurred in the execution of
an order, upon the premises upon or in respect of which
the work required by said order has been done or
expenses incurred, which lien shall have priority over
all other mortgages, liens and encumbrances of record,
except taxes and assessments levied pursuant to law. In
the event that a receiver having a lien, in favor of
the department of real estate, is discharged and such
lien is in effect at the time of such discharge, such
lien shall continue to vest in the department of real
estate.
b. No such lien shall be valid for any purpose until the
department or receiver, as the case may be, shall file
where notices of mechanics' liens are required to be
filed, a notice containing the same particulars as
required to be stated with reference to mechanics'
liens, with the further statement that the expense has
been incurred in pursuance of the order of the
department, and giving the date of the order, or in
performance by the receiver of the work required to
remedy a condition pursuant to an order of the court
establishing the receivership and giving the date of
the order, or that a deficiency has accrued with
respect to the receivership established pursuant to an
order of the court and giving the date of the order, as
the case may be. Such notice shall be filed at any time
during the progress of the work required by such order
or undertaken by the receiver, or within four months
after the completion of the contract, or the final
performance of the work or the final furnishing of the
materials, dating from the last item of work performed
or materials furnished or, in the case of a deficiency,
at any time before the discharge of the receiver.
c. The officer with whom such notice is filed shall make
the same entry on the book or index in which mechanics'
liens are entered as he is required to enter in cases
of mechanics' liens, together with a reference to such
order by date; and thereafter such lien shall, except
as herein otherwise provided, have the same effect in
all respects as to all persons as a mechanics' lien;
and all proceedings with reference to such lien, its
enforcement and discharge, shall be carried on in the
same manner as similar proceedings with reference to
other mechanics' liens.
d. Unless, within six months after actual notice of such
filing, proceedings are taken by the party against whom
or whose premises a lien is claimed, to discharge such
lien, the filing shall, as to all persons having such
actual notice, become conclusive evidence that the
amount claimed in the notice of lien, with interest, is
due, and is a just lien upon the premises.
e. Such lien shall continue to be a lien for a period of
one year from the time of its filing unless proceedings
are in the meantime taken to enforce or discharge it,
which may be done at any time during its continuance.
In case proceedings are so taken, the lien shall remain
in effect until the final termination of such
proceedings; and if such proceedings shall result in a
judgment for the amount claimed or any portion thereof,
such judgment shall, to such extent, be a lien in the
same manner and from the same time as the original
lien.
5. a. If the department shall desire that a receiver be
appointed as hereinafter provided to remove or remedy a
nuisance described in paragraph e of subdivision one of
this section and that such receiver shall obtain a lien
for cost incurred in connection therewith in favor of
the department of real estate, which shall have the
priority with respect to existing mortgages or liens
provided in paragraph e of this subdivision, it shall
within five days after the service of the order upon
the owner serve a copy of such order upon every
mortgagee and lienor of record personally or by
registered mail, return receipt requested, at the
address set forth in the recorded mortgage or lien.
Appended to the copy of such order shall be a notice
addressed to such mortgagee and lienor stating that in
the event the nuisance is not removed or remedied in
the manner and within the time specified in the order,
the department may apply to the supreme court, or to
the housing part of the New York city civil court, if
the premises are located in the city of New York, for
an order to show cause why a receiver of the rents,
issues and profits of the property shall not be
appointed with rights therein superior to those of such
owner, mortgagee or lienor.
b. The department shall file a copy of such notice and
order in the office of the county clerk in which
mechanics liens affecting the property would be filed.
c. 1. The department may thereafter apply to the
supreme court in the county where the property
is situated, or to the housing part of the civil
court of the city of New York, if the property
is situated in the city of New York, by verified
petition for an order directing the owner and
any mortgagees or lienors of record to show
cause why the commissioner or chief executive of
the bureau or department of real estate of the
municipality should not be appointed receiver of
the rents, issues and profits of the property
and why said receiver should not remove or
remedy such condition and obtain a lien in favor
of the department of real estate against the
property having the priority provided in
paragraph e of this subdivision to secure
repayment of the costs incurred by the receiver
in removing or remedying such condition. Such
application shall contain (a) proof by affidavit
that an order of the department has been issued
and served on the owner, mortgagees and lienors
in accordance with and within the periods
specified in paragraph e of subdivision one of
this section and paragraph a of this subdivision
and filed in accordance with the provisions of
paragraph b of this subdivision; (b) a statement
that a nuisance which constitutes a serious fire
hazard or is a serious threat to life, health,
or safety continued to exist in said property
after the time fixed for the removal thereof in
the department order and a description of the
property and conditions constituting such
nuisance; (c) a brief description of the nature
of the work required to remove or remedy the
condition and an estimate as to the cost
thereof. Such order to show cause shall be
returnable not less than five days after service
is completed and shall provide for personal
service of a copy thereof and the papers on
which it is based on the owners and mortgagees
of record and lienors. If any such owner,
mortgagee or lienor cannot with due diligence be
served personally within the city where the
property is located and within the time fixed in
such order, then service may be made on such
persons by posting a copy thereof in a
conspicuous place on the premises where the
nuisance exists, and by sending a copy thereof
by registered mail, return receipt requested, to
the owner at the last address registered by him
with the department, or in the absence of such
registration, to the address set forth in the
last recorded deed with respect to said
premises, or, in the case of a mortgagee or
lienor, to the address set forth in the recorded
mortgage or lien and by publication in a
newspaper of general circulation in the county
where such premises are located, which
newspaper, if there is an official law paper for
such county, shall be such official law paper.
Service shall be deemed complete on filing proof
of service thereof in the office of the clerk of
the court in which such application is made.
2. If the condition constituting the nuisance is
such that unless immediately cured irreparable
damage may be caused to the building or it
constitutes an imminent danger to its occupants,
or the occupants of adjoining properties then
the order to show cause may be returnable in the
discretion of the court in less than five days,
and in such case, service may be made on the
owner, mortgagee and lienor by posting a copy
thereof in a conspicuous place on the premises
where the nuisance exists and by mailing a copy
in the case of the owner to the address filed
with the department and in the case of the
mortgagee and lienor to the address recorded. If
a receiver be appointed as hereinafter provided,
and service shall not have been made in
accordance with subparagraph one, then his
appointment shall be temporary only and expire
not more than thirty days thereafter unless,
prior to the expiration of such thirty days, the
department shall serve notice on the owner,
mortgagees and lienors in the manner provided
for in subparagraph one hereof of intention to
apply to the court at a date fixed in such
notice and not less than five days after the
service of such notice, for an extension of said
receivership. In such event the period of the
appointment of the temporary receiver shall be
deemed to be extended for a further period of
fifteen days. In addition to the requirements
set forth in subparagraph one, such notice shall
also contain a statement of any expenditures
made or obligations incurred by the receiver
during the period of his temporary appointment.
On the date fixed in such notice, the court
shall determine whether or not to extend the
period of receivership and such determination
shall be made as if the application were an
original one for the appointment of a receiver,
pursuant to subparagraph one.
3. On the return of said order to show cause,
determination shall have precedence over every
other business of the court unless the court
shall find that some other pending proceeding,
having a similar statutory precedence, shall
have priority. If the court shall find that the
facts stated in such application warrant the
granting thereof, then the commissioner or chief
executive of the bureau or department of real
estate of the municipality shall be appointed
receiver of the rents, issues and profits of the
property. However after determination of the
issue if the owner or any mortgagee or lienor or
other person having an interest in the property
shall apply to the court to be permitted to
remove or remedy the conditions constituting the
nuisance and shall (1) demonstrate the ability
promptly to undertake the work required; and (2)
post security for the performance thereof within
the time, and in the amount and manner, deemed
necessary by the court, then the court may in
lieu of appointing such receiver issue an order
permitting such person to perform the work
within a time fixed by the court. If at the time
fixed in the order the conditions constituting
the nuisance have not been satisfactorily
remedied or removed, then the court shall
appoint such receiver. If after the granting of
an order permitting a person to perform the work
but before the time fixed by the court for the
completion thereof it shall appear to the
department that the person permitted to do the
same is not proceeding with due diligence, then
the department may apply to the court on notice
to those persons who have appeared in the
proceeding for a hearing to determine whether
such receiver shall be appointed immediately. On
the failure of any such owner, mortgagee, lienor
or other person having an interest in the
property to complete the work in accordance with
the provisions of said order, the department, or
any such receiver thereafter appointed shall be
reimbursed for costs incurred by him in removing
or remedying the condition and other charges
herein provided for out of such security.
d. 1. Any receiver appointed pursuant to this
subdivision shall have all of the powers and
duties of a receiver appointed in an action to
foreclose a mortgage on real property, together
with such additional powers and duties as herein
granted and imposed. The receiver shall with all
reasonable speed remedy the nuisance and remove
all the delinquent matters and deficiencies in
the dwelling including those constituting a fire
hazard or a threat to life, health or safety and
may, in addition to ordinary repairs,
maintenance and replacement, make other
improvements to effect a rehabilitation of the
property, in such fashion as is consistent with
maintaining safe and habitable conditions over
the remaining useful life of the dwelling. He
shall have the power to let contracts therefor
or incur expenses in accordance with the
provisions of local laws, ordinances, rules and
regulations applicable to contracts for public
works except that advertisement shall not be
required for each such contract. Notwithstanding
any such laws, ordinances, rules or regulations,
the receiver may let contracts or incur expenses
for individual items of repairs, improvements or
supplies without the procurement of competitive
bids where the total amount of any such
individual item does not exceed twenty-five
hundred dollars. The receiver shall not be
required to file any bond. He shall collect the
accrued and accruing rents, issues and profits
of the dwelling and apply the same to the cost
of removing or remedying such nuisance, to the
making of such other improvements as
aforestated, to the payment of expenses
reasonably necessary to the proper operation and
management of the property, including insurance
and the fees of the managing agent, and the
necessary expenses of his office as receiver,
the repayment of all monies advanced to the
receiver by the department of real estate to
cover the costs incurred by the receiver and
interest thereon; and then, if there be a
surplus, to unpaid taxes, assessments, water
rents, sewer rents and penalties and interest
thereon, and then to sums due to mortgagees or
lienors. If the income of the property shall be
insufficient to cover the cost of remedying or
removing such nuisance, or to making of such
other improvements as aforestated, or of the
expenses reasonably necessary to the proper
operation and management of the property and
other necessary expenses of the receiver, the
department of real estate shall advance to the
receiver any sums required to cover such cost
and expenses and thereupon shall have a lien
against the property having the priority
provided in paragraph e for any such sums so
advanced with interest thereon.
2. Nothing herein contained shall be deemed to
relieve the owner of any civil or criminal
liability incurred or any duty imposed by this
chapter by reason of acts or omissions of the
owner prior to the appointment of any receiver
hereunder, nor shall anything contained herein
be construed to suspend during the receivership
any obligation of the owner for the payment of
taxes or other operating and maintenance
expenses of the dwelling nor of the owner or any
other person for the payment of mortgages or
liens.
3. The receiver shall be entitled to the same fees,
commissions and necessary expenses as receivers
in actions to foreclose mortgages. Such fees and
commissions shall be paid into the fund created
pursuant to subdivision nine of this section.
The receiver shall be liable only in his
official capacity for injury to person and
property by reason of conditions of the premises
in a case where an owner would have been liable;
he shall not have any liability in his personal
capacity. The personnel and facilities of the
bureau or department of real estate and the
corporation counsel shall be availed of by the
receiver for the purpose of carrying out his
duties as such receiver and the cost of such
services shall be deemed a necessary expense of
the receiver.
4. The receiver shall be discharged upon rendering
a full and complete accounting to the court when
such condition has been removed and the cost
thereof and all other costs authorized by this
paragraph have been paid or reimbursed from the
rents and income of the dwelling and the surplus
money, if any, has been paid over to the owner
or the mortgagee or lienor as the court may
direct. However, at any time, the receiver may
be discharged upon filing his account as
receiver without affecting the right of the
department of real estate to its lien. Upon the
removal of such condition, the owner, the
mortgagee or any lienor may apply for the
discharge of the receiver upon payment to the
receiver of all moneys expended by the receiver
for removal of such condition and all other
costs authorized by this paragraph which have
not been paid or reimbursed from the rents and
income of the dwelling.
5. Anything herein contained to the contrary
notwithstanding, a temporary receiver appointed
on the return of an order to show cause served
only in accordance with subparagraph two of
paragraph c of this subdivision shall not,
without express order of the court, make any
repairs or improvements to the property or incur
any expenses in the operation thereof during the
period of his temporary appointment except such
as may be necessary to remedy or remove the
immediate condition which called for his
appointment and to the ordinary operation and
maintenance of the property. For such specific
purpose the receiver shall be entitled to let
such contracts and undertake such expenses as
may be necessary to accomplish the specific
results without advertisements and without
procuring competitive bids.
e. Any lien of a receiver, in favor of the department of
real estate, arising under this section shall have
priority over all other mortgages, liens and
encumbrances of record except taxes and assessments
levied pursuant to law.
f. Failure to serve a copy of the order and notice
required in the manner specified by paragraph e of
subdivision one and paragraph a of this subdivision, or
failure to serve any mortgagee or lienor with a copy of
the order to show cause as required by subparagraph one
of paragraph c of this subdivision shall not affect the
validity of the proceeding or the appointment of a
receiver, but the rights of the department of real
estate or of the receiver shall not in such event be
superior in any way to the rights of any mortgagee or
lienor who shall not have been served as provided
herein.
g. Any mortgagee or lienor who at his expense remedies or
removes the nuisance to the satisfaction of the court
pursuant to the provisions of subparagraph three of
paragraph c of this subdivision shall have and be
entitled to enforce a lien equivalent to the lien
granted to the receiver in favor of the department of
real estate hereunder. Any mortgagee or lienor who,
following the appointment of a receiver by the court,
shall reimburse the receiver and the department of real
estate for all costs and charges as hereinabove
provided shall be entitled to an assignment of the lien
granted to the receiver in favor of the department of
real estate.
6. When the department shall have executed any order so far as
it may require, the department shall file among its records
such order and an affidavit stating with fairness and
accuracy in general terms the items of expense and the date
of execution of such order. When it shall appear that such
execution, or the expenses thereof, related to several
premises belonging to different persons, such affidavit
shall state what part belongs to or arose in respect to each
of the premises as the department may direct. The department
may revise the correctness of such apportionment of expenses
as truth and justice may require.
7. a. Whenever the department shall sue for the expenses
involved in the execution of any order, it may join in
the same suit any claim for any penalty for the
violation of any provisions of this chapter. Joint or
several judgments may be had against one or more of the
defendants in the suit, as they or any of them may be
liable in respect of all or any of such claims. The
expenses of executing such an order, and any judgment
in any abatement suit provided for in this chapter, and
the several judgments that may be recovered for any
such penalties and expenses, until the same are paid or
discharged shall be a lien like other judgments, and
also a lien and charge upon rent and compensation due
or then maturing from any tenant or occupant of the
dwelling and premises or parts thereof to which any
such order or judgment relates, or in respect of which
any such expenses were incurred.
b. The department may serve a copy of an order or a
transcript of a judgment and any affidavit showing the
expense of execution upon any person who owes or is
about to owe any rent or compensation for the occupancy
of any premises to which such order or judgment
relates, and in respect of which such expenses were
incurred. The department may, at any time after such
service, demand in writing that such rent or
compensation to the extent of such claim shall, when
such rent or compensation becomes due and payable, be
paid to the department and such person shall thereupon
become obligated to pay the same. A receipt shall be
given for each such payment stating on account of what
order or judgment and expenses it has been received.
The amount so received shall be deposited wherever
other funds of the department are kept. If a special
fund has been created and maintained, as provided in
section three hundred four, such payments shall be
deposited to the credit of such fund.
c. Any person refusing or omitting to make such a payment
after such service and demand may be sued therefor by
the department. Such person shall not in such suit
dispute the authority of the department to incur or
order such expenses or the validity or correctness of
such expenses or judgment in any particular, or the
right of the department to have the same paid from such
rent or compensation. The receipt of the department for
any sum so paid shall, in all suits and proceedings and
for every purpose, be as effectual in favor of any
person holding the same as actual payment of the amount
thereof to the owner or other person or persons who
would, but for the provisions of this section and of
such demand, have been entitled to receive the sum so
paid. No tenant or occupant of any premises shall be
dispossessed or disturbed, nor shall any lease or
contract or rights be forfeited or impaired, nor any
forfeiture or liability be incurred, by reason of any
omission to pay to any owner, contractor or other
person any sum so paid to the department.
8. The department shall retain any money so paid until twelve
days after it has received evidence by satisfactory
affidavit that the party or parties, or his or their agent,
who but for the provisions hereof would have been entitled
to receive the same, has had written notice of such payment
being made, which notice shall be served in the manner
provided by this chapter for the service of an order. If at
the end of such twelve days the party or parties so notified
have not instituted suit to recover such money the
department shall pay it to the fiscal officer of the city.
If a special fund has been created and maintained as
provided in section three hundred four, the fiscal officer
shall deposit such money to the credit of such fund.
9. The expenses incurred by the receiver in removing or
remedying a condition pursuant to the provisions of this
section shall be met from a fund to be known as the multiple
dwelling section three hundred nine operating fund. Such
fund shall consist of such amounts as may be appropriated by
the board of estimate or other analogous appropriating body
of the city. Such fund shall be maintained in a separate
account by the department of real estate and expenditures
therefrom may be made by the receiver to meet the costs of
removing or remedying such conditions, subject to audit by
the comptroller or chief fiscal officer of the city. The
receiver shall repay the amounts so expended to such fund
from the proceeds of any amounts recovered pursuant to the
provisions of this section. In the event that the amount in
such fund is insufficient for such purposes and if no
appropriation or an insufficient appropriation has been made
therefor, the expenses incurred by the receiver in removing
or remedying such conditions may be met from the proceeds of
the sale of bonds issued in accordance with the provisions
of the local finance law.
In the event that the amounts from time to time in such fund
exceed two hundred thousand dollars ($200,000), such excess
may be applied to the payment of the principal and interest
due upon any bonds issued pursuant to this subdivision, or,
if no such bonds are outstanding, any such excess may be
transferred to the general fund of the city.
10. Reference in this section to a bureau or department of real
estate or to a commissioner or chief executive of a bureau
or department of real estate of a municipality, when used in
connection with or affecting either a receiver or a multiple
dwelling in the city of New York, shall be construed to mean
the department or commissioner of housing preservation and
development or the department or commissioner of buildings,
or both such departments or commissioners, as the case may
be, of the city of New York.
11. a. Notwithstanding any other provision of law, where
a repair has been made by the department pursuant to
this section, or any other law, to abate a hazardous
condition or correct any violation of this chapter, or
any other state or local law, which arises from the
existence of lead based paint, the department may, in
whole or in part, waive its right to a lien on the
affected premises and repayment of such expenses and
disbursements as were necessary to abate such hazardous
conditions or correct such violation of law. The
department shall promulgate rules setting forth the
standards for such waivers.
b. Notwithstanding any other provision of law, where there
is a hazardous condition or violation of this chapter
or other state or local law which arises from the
existence of lead based paint, the department may make
grants or loans to owners for the expenses, in whole or
in part, of abating such hazardous condition or
correcting such violation of law. The department shall
promulgate rules setting forth the standards for such
grants or loans.
Sec. 309-a. Multiple dwelling; apartment prohibitions for
certain employees.
1. No janitor, superintendent, manager, custodian, or the like,
of a multiple dwelling shall be permitted to reside in an
apartment unit in the multiple dwelling in which he is
employed if the rental of such apartment unit to a tenant is
prohibited by any general, special, or local law.
2. An owner, agent or operator of a multiple dwelling may apply
to the department for a waiver of the provisions of this
section on the ground that there is a bona fide
unavailability of a suitable apartment unit for occupation
by any of the above mentioned employees. Upon a
determination that such unavailability does exist, the
department may grant an exemption from the application of
the provisions of subdivision one of this section upon such
terms and conditions as it shall deem appropriate.
3. For the purposes of this section, the term "multiple
dwelling" shall mean a building in which there is either
rented, leased, let or hired out to be occupied, or is
occupied as the residence or home of three of more families
living independently of each other.
Sec. 310. Board of appeals.
1. As used in this section "board" shall mean the agency of a
city constituted as a board and authorized by law both to
grant variances of the zoning resolution and to make rules
supplemental to laws regulating construction, maintenance,
use and area of buildings; provided, however, that where, in
a city to which this chapter applies, there is no board as
so described, then a board may be created by local law or
ordinance to possess the powers, perform the functions and
grant the variances as hereinafter in this section provided;
and any board so created shall be deemed to be a "board"
within the meaning of such term as hereinbefore in this
subdivision described.
2. Where the compliance with the strict letter of this chapter
causes any practical difficulties or any unnecessary
hardships the board shall have the power, on satisfactory
proof at a public hearing, provided the spirit and intent of
this chapter are maintained and public health, safety and
welfare preserved and substantial justice done, to vary or
modify any provision or requirement of this chapter, or of
any rule, regulation, supplementary regulation, ruling or
order of the department with respect to the provisions of
this chapter, as follows:
a. For multiple dwellings and buildings existing on July
first, nineteen hundred forty-eight, in cities with a
population of one million or more, and for multiple
dwellings and buildings existing on November first,
nineteen hundred forty-nine, in cities with a
population of five hundred thousand or more but less
than one million, provisions relating to:
(1) Height and bulk;
(2) Required open spaces;
(3) Minimum dimensions of yards or courts;
(4) Means of egress;
(5) Basements and cellars in tenements and converted
dwellings.
The population restrictions contained in this paragraph
shall not apply to any multiple dwelling otherwise
entitled to the variances herein pursuant to the
provisions of subdivision seven of section fifty-six of
this chapter.
b. For multiple dwellings and buildings erected or to be
erected or altered after July first, nineteen hundred
forty-eight pursuant to plans filed prior to December
fifteenth, nineteen hundred sixty-one, provisions
relating to:
(1) Required open spaces; or
(2) Minimum dimensions of yards or courts.
c. For multiple dwellings and buildings erected or to be
erected or altered pursuant to plans filed on or after
December fifteenth, nineteen hundred sixty-one, or
before such date provided such plans comply with the
provisions of paragraph d of subdivision one of section
twenty-six, provisions relating to:
(1) Height and bulk;
(2) Required open spaces; or
(3) Minimum dimensions of yards and courts.
Variations or modifications may be granted pursuant to
Paragraphs b and c only on condition that open areas
for light and air are provided which are at least
equivalent in area to those required by the applicable
provisions of this chapter and pursuant to sub-
paragraph one of paragraph c only on the further
conditions that there are unique physical or
topographical features, peculiar to and inherent in the
particular premises, including irregularity, narrowness
or shallowness of the lot size or shape and such
variance would be permitted under any provision
applicable thereto of the local zoning ordinance.
d. In the city of Buffalo, until July first, nineteen
hundred and sixty-four for frame multiple dwellings,
existing on November first, nineteen hundred forty-
nine, and for buildings on the same lot existing on
such date or altered after such date, applicable
provisions relating to sections nine, eleven, fifty-
six, two hundred sixty-four and article six.
e. In the city of Buffalo, until July first, nineteen
hundred and sixty-four for dwellings three stories or
less in height converted prior to November first,
nineteen hundred forty-nine, applicable provisions of
section one hundred eighty-five provided that (1) where
such dwelling is occupied by three families, all the
provisions of article six must be complied with and the
cellar stairs enclosed with fire retarded materials
with a one hour fire door; (2) where such dwelling is
occupied by more than three families and there are two
independent means of egress accessible on each story to
each apartment, the cellar stairs must be enclosed with
fire retarded materials with a one hour fire door and
there must be automatic sprinklers in the public halls
and stairways; (3) where such dwelling is occupied by
more than three families and there are not two
independent means of egress accessible from each story
to each apartment, the cellar stairs must be enclosed
with fire retarded materials with a one hour fire door,
there must be automatic sprinklers in the public halls
and stairways and there must be two independent means
of egress accessible to each apartment on the third
story.
f. The variance authorized by paragraphs d or e of this
subdivision may be granted only upon the prior approval
of the fire, health and building departments of such
city and certification by the heads of such departments
that the variance sought is not against the public
interest.
g. The board may, as a condition of granting the variance
authorized by paragraphs d or e of this subdivision,
impose such additional requirements of health and
safety as it may deem necessary or advisable for the
proper protection of the occupants of the dwelling.
*h. Notwithstanding any other provision of law, the city of
Buffalo may grant variances regarding subdivision
twenty-five of section four and subdivision five of
section one hundred one of this chapter only where such
variances comply with the minimum standards set forth
in the New York state building construction code which
is applicable to multiple dwellings, and have been
approved by the state division of housing and community
renewal.
* NB Expires 84/01/01
3. An application for such a variance or modification may be
made by any person aggrieved or by the head of any public
agency, within such time and under such procedure,
conditions and rules as may be prescribed by the board. The
board shall fix a reasonable time for the hearing of an
application and shall require that due notice be given of
the time and place of such hearing to the applicant and to
the department. Any person or a duly authorized
representative of any public agency may appear at any such
hearing and be heard on any such application.
4. In every case the board shall state the reason or reasons
for its decision. All decisions of the board shall be
subject to review in the same manner as is provided by law
for review of decisions of such board respecting variances
of the zoning resolution.
5. A record of all decisions of the board, indexed according to
the section or sections of this chapter affected thereby,
shall be kept in the office of the board. Such record shall
be open to public inspection at all times during business
hours.
6. The board shall have power to charge and collect reasonable
fees and to make rules governing such charges. All moneys so
collected shall be deposited in the general fund of the
city.
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ARTICLE 9
REGISTRY OF NAMES AND SERVICE OF PAPERS
Section 325. Registry of owner, agent and
lessee.
326. Service of notices, orders and
summonses.
327. Indexing names; fees for
searches.
328. Central Violations Bureau.
329. Certificate of inspection
visits.
=================================================================
Sec. 325. Registry of owner, agent and lessee.
1. Every owner of a multiple dwelling, every lessee of a whole
dwelling and every agent or other person having control of
such a dwelling, shall file in the department a notice
containing his name, address and a description of the
premises, by street number or otherwise, and the class and
kind of the dwelling thereon, in such manner as will enable
the department to find the same; and also the number of
apartments and rooms in each apartment on each story, and
the number of families occupying the apartments. If such
owner or lessee be a corporation, other than a banking
organization as defined in section two of the banking law, a
national banking association, a federal savings and loan
association, The Mortgage Facilities Corporation, Savings
Banks Life Insurance Fund, The Savings Banks Retirement
System, an authorized insurer as defined in section one
hundred seven of the insurance law, or a trust company or
other corporation organized under the laws of this state all
the capital stock of which is owned by at least twenty
savings banks or a subsidiary corporation all of the capital
stock of which is owned by such trust company or other
corporation, the names and residence addresses of its
officers shall also be contained in such notice. A similar
notice shall be filed within thirty days following an
election of any new officer or a change of address of any
such officer. The provisions of this section also shall
apply to successors in title, ownership or control of any
premises, whether by act of the parties or by process or
operation of law and, within thirty days after such
succession, particulars of such ownership or control shall
be filed in the department. If any successor in interest be
under the age of twenty-one years his duly appointed
guardian or, if there be no guardian, his administrator
shall comply with this section in his behalf. Where after
the filing of any notice under this section, the premises
shall have been declared a public nuisance to any extent
pursuant to paragraph b of subdivision one of section three
hundred nine of this chapter and such declaration shall have
been filed as therein provided, the owner, if a corporation,
other than a banking organization as defined in section two
of the banking law, a national banking association, a
federal savings and loan association, The Mortgage
Facilities Corporation, Savings Banks Life Insurance Fund,
The Savings Banks Retirement System, an authorized insurer
as defined in section one hundred seven of the insurance
law, or a trust company or other corporation organized under
the laws of this state all the capital stock of which is
owned by at least twenty savings banks or a subsidiary
corporation all of the capital stock of which is owned by
such trust company or other corporation, shall file a
similar notice within ten days which shall in addition
contain the name and residence and business address of each
director and stockholder of the corporation and of each
person known to have any beneficial interest in such stock.
2. In any city of over one million which, by local law,
requires the registration of owners of multiple dwellings
and which prescribes penalties, remedies, and sanctions to
be imposed for the violation of such local registration
requirements, no rent shall be recovered by the owner of a
multiple dwelling who fails to comply with such registration
requirements until he complies with such requirements. If a
resident of an unregistered dwelling voluntarily pays rent
or an installment of rent when he had a right to withhold
the same under this subdivision, he shall not thereafter
have any claim or cause of action to recover back the rent
or installment of rent so paid. A voluntary payment within
the meaning of this subdivision means payment other than one
made pursuant to judgment in an action or special
proceeding.
Sec. 326. Service of notices, orders and summonses.
1. Every notice, order or summons relative to a dwelling shall
be served five days before the time for compliance
therewith. The posting of a copy of such notice, order or
summons in a conspicuous place in such dwelling, together
with the mailing of a copy thereof, within five days of such
posting, to each person whose name has been filed with the
department of health or the department charged with the
enforcement of this chapter, in accordance with the
provisions of section three hundred twenty-five, at his
address as therewith filed, shall be sufficient service
thereof, except as provided in subdivision three.
2. Except as provided by the provisions of this chapter which
are less restrictive than the provisions of this
subdivision, if any notice, order or summons is directed to
any person pursuant to any provision of this chapter,
including the provisions of subdivision two of section three
hundred nine, and if the address of such person is not
registered or, in any case for which personal service is
provided, if such person cannot with due diligence be served
personally, then such notice, order or summons may be served
by posting a copy thereof in a conspicuous place upon the
premises within which a violation is alleged to have been
placed or a condition complained of is alleged to exist, and
by sending a copy thereof by registered mail, return receipt
requested, addressed to such person at his last known
address or place of residence.
3. In the case of a summons if the address of any agent or
lessee whose name and address have been filed in accordance
with the provisions of section three hundred twenty-five is
in the city in which the dwelling is situated, then a copy
of the summons shall also be delivered at such address to a
person of lawful age, if upon reasonable application
admittance can be obtained and such person found; and
provided also that personal service of the summons upon the
owner of such dwelling shall be sufficient service thereof
upon him.
4. Notwithstanding any inconsistency with this section, in a
city, having a population of one million or more, a local
law may provide for the manner of serving civil process for
the enforcement of penalties, sanctions and remedies
provided in such local law.
Sec. 327. Indexing names; fees for searches.
1. The names and addresses filed in accordance with section
three hundred twenty-five shall be indexed under the
direction of the registrar of records of the department in
such a manner that all of those filed in relation to each
dwelling shall be together and readily ascertainable. The
department shall provide the necessary books and clerical
assistance for that purpose, and the expense thereof shall
be paid by the city. Such indices shall be public records.
2. The department shall have power to charge and collect fees
for searches, and to make rules governing charges for
certification of pending violations.
Sec. 328. Central Violations Bureau.
1. In cities having a population of one million or more, the
department shall establish a central violations bureau which
shall establish and maintain currently an index showing and
a file containing, with respect to each building located in
the city, the name, address and telephone number of the
present owner of the building and whether or not he is a
member in good standing of the rent stabilization
association or registered pursuant to the emergency tenant
protection act of nineteen seventy-four or the rent
stabilization law of nineteen hundred sixty-nine where one
or more dwelling units therein are subject to the rent
stabilization law, each notice and order of the building
department, the fire department, the health department, the
water supply, gas and electricity department and of every
other municipal department or agency having jurisdiction
over such building alleging the occupation of such building
in violation of law or the existence of a nuisance therein
and of each notice, order, rule or certificate showing the
clearance, correction or abatement of such violation or
nuisance.
2. It shall be the duty of the department and of every other
municipal department and agency having jurisdiction over
buildings located in the city of New York to file with the
central violations bureau established by this section a true
copy of each notice and order of such department or agency
alleging the occupation of a building in violation of law or
the existence of a nuisance therein and of each notice,
order, rule or certificate showing the clearance, correction
or abatement of such violation or nuisance within seventy-
two hours from the date of issuance of such notice, order,
rule or certificate.
3. In any action or proceeding before the housing part of the
New York city civil court either (a) the visually displayed
or (b) the printed computerized violation files of the
department responsible for maintaining such files and all
other computerized data as shall be relevant to the
enforcement of state and local laws for the establishment
and maintenance of housing standards, including but not
limited to the name, address and telephone number of the
present owner of the building and whether or not he is a
member in good standing of the rent stabilization
association or registered pursuant to the emergency tenant
protection act of nineteen seventy-four or the rent
stabilization law of nineteen hundred sixty-nine where one
or more dwelling units therein are subject to the rent
stabilization law, shall be prima facie evidence of any
matter stated therein and the courts shall take judicial
notice thereof as if same were certified as true under the
seal and signature of the commissioner of that department.
Sec. 329. Certificate of inspection visits.
In a city of over one million population the department shall
issue without fee to all owners of multiple dwellings located in
such city, a certificate of inspection visits upon which shall
appear the title in bold print "CERTIFICATE OF INSPECTION
VISITS", the name, address and telephone number of the owner of
the building, the street address of the building and the words,
"The undersigned hereby certifies that he visited the above-
described building on the date and for the purposes set opposite
his name". The certificate shall be placed and maintained in a
conspicuous place inside the multiple dwelling within view of the
place at which mail is delivered to the building or at such other
location as may be approved by the department and in a place
readily accessible for signature by employees of the department.
In the event that the certificate is destroyed or defaced or the
signature lines become filled with signatures, the owner shall
apply for and the department shall issue to him free of charge a
duplicate certificate of inspection visits. Whenever an employee
of such department shall visit any multiple dwelling for any
purpose related to his official capacity, he shall sign his name
to the certificate of inspection visits and opposite thereto set
forth the date and purpose of his visit.
=================================================================
ARTICLE 10
PROSTITUTION
Section 351. Lien.
352. Recovery of premises.
353. Permission of owner or lessee.
354. Rules of evidence.
355. Title of action or proceeding
and parties.
356. Jurisdiction and procedure.
357. Judgment.
358. Sale of premises.
359. Receivership.
360. Cancellation of notice of
pendency of action.
=================================================================
Sec. 351. Lien.
A multiple dwelling shall be subject to a penalty of one thousand
dollars if it or any part of it shall be used as a house of
prostitution or assignation with the permission of the owner, and
such penalty shall be a lien upon the dwelling and lot upon which
it is situated.
Sec. 352. Recovery of premises.
If a multiple dwelling, or any part thereof, shall be used as a
house of prostitution or assignation with the permission of the
lessee or his agent, the lease shall be terminable at the
election of the lessor, and the owner shall be entitled to
recover possession of said premises by summary proceedings.
Sec. 353. Permission of owner or lessee.
A multiple dwelling shall be deemed to have been used for the
purposes specified in the last two sections with the permission
of the owner, agent or lessee thereof in the following cases:
1. If summary proceedings for the removal of the tenants of
such dwelling or of so much thereof as is unlawfully used,
shall not have been commenced within five days after notice
of such unlawful use has been served by the department in
the manner prescribed by article nine of this chapter for
the service of notices and orders; or having been commenced,
are not in good faith diligently prosecuted to final
determination.
2. If there be two or more convictions in such dwelling within
a period of six months, under sections 230.00, 230.25, or
230.40 of the penal law.
Sec. 354. Rules of evidence.
In any action to establish a lien or in any action or proceeding
for a fine, penalty or other punishment for a violation of any of
the provisions of this, article, proof of the ill-repute or the
ill-fame of the premises which are the subject-matter of the
action or proceeding or of the inmates thereof, or of those
resorting thereto, shall constitute presumptive evidence that
such use was with the permission of the owner, agent or lessee.
The certificate of the department that the building was intended,
arranged or designed to be occupied as a dwelling shall be
presumptive evidence of the fact that it is so occupied.
Sec. 355. Title of action or proceeding and parties.
Any action or proceeding referred to in this article shall be
brought against the premises as defendant. Such premises may be
described in the title of the action or proceeding by their
street number or by any other method sufficiently precise to
secure identification and shall be described in the complaint.
The plaintiff, except as hereinafter provided, shall be the
department. In case the department shall not institute any action
or proceeding within ten days after receiving a written request
to do so from any taxpayer in the city, then such taxpayer may
institute and maintain such action or proceeding against the
premises in his own name, and the court may, in its discretion,
require from him security for costs.
Sec. 356. Jurisdiction and procedure.
Any action or proceeding referred to in this article shall be
brought in the supreme court, county court or other court of
competent jurisdiction in the county in which the premises are
situated. At or before the commencement of the action or
proceeding the complaint shall be filed in the office of the
clerk of the county, together with a notice of the pendency of
the action or proceeding, containing the names of the parties,
the object of the action or proceeding and a brief description of
the premises affected thereby. Said notice shall be recorded
immediately by the clerk. The owner or lessee, or both, of said
premises may appear in such action or proceeding and answer or
move with respect to the complaint, and the subsequent procedure
shall be the same as in other actions or proceedings brought to
establish a lien or encumbrance upon real property. Such action
or proceeding shall be entitled to a preference in the trial or
hearing thereof.
Sec. 357. Judgment.
The judgment in such action or proceeding, if in favor of the
plaintiff, shall establish the penalty sued for as a lien upon
such premises, subject only to taxes, assessments, water rates,
mortgages and mechanics' liens as may exist thereon prior to the
filing of the notice of pendency of the action or proceeding.
Sec. 358. Sale of premises.
At any time after the entry of any judgment establishing a lien
upon such premises the department, if there be no stay pending
appeal, may apply to the court for leave to sell such premises.
Upon such application the court may order such premises sold at
public auction, subject to taxes, assessments, water rates,
mortgages and mechanics' liens. The deed to the purchaser shall
be made by the department. The justices of the appellate division
of the supreme court of any judicial department may establish
rules of practice which shall be followed by the department
charged with the enforcement of this chapter in the conduct of
such sales in such judicial department.
Sec. 359. Receivership.
Whenever the lien or liens established by judgment pursuant to
this article shall amount to one thousand dollars or more, and
there be no stay pending appeal, the department shall appoint a
receiver of the rents and profits of such premises. Such receiver
shall give security for the performance of his duties in the
manner and form fixed by the department. He shall have the powers
and duties of a receiver of rents and profits of real estate
appointed by the supreme court; provided, that the corporation
counsel shall act as his counsel and the receiver shall not be
allowed any expenditure for counsel fees, and his commissions
shall be ten per centum of his collections, which sum shall be
full compensation for his services and those of any agent or
agents whom he may employ. Such receivership shall continue until
the amount of such liens with interest thereon at the rate of six
per centum, and of the commissions, have been fully paid;
provided, that nothing in this section shall be construed to
prevent any prior lienor from applying to the court in a proper
case for a receiver of the premises.
Sec. 360. Cancellation of notice of pendency of action.
If an action or proceeding to establish a lien upon such premises
terminates otherwise than in a judgment establishing such a lien,
or if the judgment be fully paid, such notice of pendency of
action or proceeding may be canceled. Prior to the termination of
such action or proceeding the notice may be canceled by giving an
undertaking.
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ARTICLE 11
LAWS REPEALED; SAVING CLAUSES; EFFECT
Section 365. Laws repealed.
366. Saving clauses.
367. Effect of invalidity in part.
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Sec. 365. Laws repealed.
All statutes of the state and local laws, ordinances and
regulations of cities to which this chapter is or hereafter
becomes applicable, so far as inconsistent with the provisions of
this chapter, are hereby repealed; provided that nothing in this
chapter contained shall be construed as abridging the right of
any city to adopt local laws, ordinances, resolutions or
regulations not less restrictive than the provisions of this
chapter.
Sec. 366. Saving clauses.
1. The repeal of any provisions of this chapter, or the repeal
of any provisions of any statute of the state or local law,
ordinance, resolution or regulation shall not affect or
impair any act done, offense committed or right accruing,
accrued or acquired, or liability, penalty, forfeiture or
punishment incurred or imposed prior to the time of such
repeal, but the same may be enjoyed, asserted, enforced,
prosecuted or inflicted as fully and to the same extent and
in the same manner as if such provisions had not been
repealed.
2. Any action or proceeding, civil or criminal, begun before
April eighteenth, nineteen hundred twenty-nine, under or
pursuant to or by virtue of any provision of the tenement
house law which is superseded by this chapter as in this
chapter provided, may be prosecuted, conducted and completed
in the same manner as if such law were not so superseded but
continued to be fully effective.
3. No action or proceeding, civil or criminal, pending at the
time this chapter, as amended by the laws of nineteen
hundred forty-six, takes effect, brought by or against a
city or any agency or officer thereof, shall be affected or
abated by the adoption of this chapter as so amended, or by
anything therein contained, and all such actions and
proceedings may be continued in full force and effect under
the appropriate provisions of this chapter.
4. No existing right or remedy of any kind shall be lost or
impaired by reason of the adoption of this chapter as so
amended unless by specific provision of a law which does not
amend all articles of this chapter.
5. Except as otherwise provided in subdivision six of section
three, the provisions of this chapter shall not operate to
limit or decrease the power of any city to adopt local laws,
ordinances, resolutions or regulations in relation to any
matter in respect to which such power would otherwise exist.
6. The tenement house law shall, from and after the taking
effect of this chapter, not apply to cities with a
population of eight hundred thousand or more.
Sec. 367. Effect of invalidity in part.
If any term, part, provision, article, section, subdivision or
paragraph of this chapter shall be held unconstitutional, or
ineffective in whole or in part, then to the extent that it is
not unconstitutional or ineffective, this chapter and such term,
part, provision, article, section, subdivision or paragraph
thereof shall be in full force and effect; and such determination
shall not be deemed to invalidate the remaining terms, parts,
provisions, articles, sections, subdivisions or paragraphs
thereof.
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