Title MDW, Multiple Dwelling

§ 28. Two or more buildings on same lot. 1. If any separate multiple\ndwelling is erected after April eighteenth, nineteen hundred\ntwenty-nine, upon the rear of a lot which has another multiple dwelling\non the front or upon the front of a lot which has another multiple\ndwelli…

§ 280. Legislative findings. The legislature hereby finds and declares\nthat a serious public emergency exists in the housing of a considerable\nnumber of persons in cities having a population of over one million,\nwhich emergency has been created by the increasing number of con…

§ 281. Definition of "interim multiple dwelling". 1. Except as\nprovided in subdivision two of this section, the term "interim multiple\ndwelling" means any building or structure or portion thereof located in\na city of more than one million persons which (i) at any time was\noc…

§ 282. Establishment of special loft unit. 1. In order to resolve\ncomplaints of owners of interim multiple dwellings and of residential\noccupants of such buildings qualified for the protection of this\narticle, and to act upon hardship applications made pursuant to this\nartic…

§ 282-a. Applications for coverage of interim multiple dwellings and\nresidential units. 1. Where any occupant has filed an application for\ncoverage pursuant to this article and has received a docket number from\nthe loft board, it shall be unlawful for an owner to cause or int…

§ 283. Occupancy permitted. Notwithstanding any other provision of\nthis chapter or any other law, code, rule or regulation, occupancy for\nresidential purposes of residential units covered by this article is\npermitted, if such occupancy is in compliance with this article. Noth…

§ 284. Owner obligations. 1. (i) The owner of an interim multiple\ndwelling (A) shall file an alteration application within nine months\nfrom the effective date of chapter three hundred forty-nine of the laws\nof nineteen hundred eighty-two, and (B) shall take all reasonable and…

§ 285. Owner protection. 1. Notwithstanding the provisions of section\nthree hundred two or three hundred twenty-five of this chapter, the\nowner of an interim multiple dwelling may recover rent payable from\nresidential occupants qualified for the protection of this article on …

§ 286. Tenant protection. 1. It shall not be a ground for an action or\nproceeding to recover possession of a unit occupied by a residential\noccupant qualified for the protection of this article that the occupancy\nof the unit is illegal or in violation of provisions of the ten…

§ 287. Alternative compliance. In any case in which a local building\ncode or this chapter provides an alternative means of meeting the fire\nand safety standards of article seven-B of this chapter, an owner of an\ninterim multiple dwelling may, to the extent permitted by such l…

§ 288. Definitions. As used in this article, the following terms shall\nhave the following meanings:\n 1. The term "community district" shall refer to a community district\nas established pursuant to chapter sixty-nine of the New York city\ncharter.\n 2. The term "inhabited base…

§ 289. Basement and cellar local laws and regulations. 1.\nNotwithstanding any other provision of this chapter to the contrary, in\na city with a population of one million or more, the local legislative\nbody may, by local law, establish a pilot program to address, (a) the\nlega…

§ 29. Painting of courts and shafts. The exterior surface of all walls\nof all courts and shafts of multiple dwellings, except of outer courts\nopening on a street, and courts having dimensions of at least fifty\npercent in excess of the minimum set forth in section twenty-six, …

§ 290. Tenant protections in inhabited basement dwelling units and\ninhabited cellar dwelling units. 1. The program authorized by this\narticle shall require an application to make alterations to legalize an\ninhabited basement dwelling unit or inhabited cellar dwelling unit be\…

§ 3. Application to cities, towns and villages. 1. This chapter shall\napply to all cities with a population of three hundred twenty-five\nthousand or more.\n 2. The legislative body of any other city, town or village may adopt\nthe provisions of this chapter and make the same a…

§ 30. Lighting and ventilation of rooms. 1. The provisions of this\nsection shall apply only to multiple dwellings erected after April\neighteenth, nineteen hundred twenty-nine, and shall apply to all such\ndwellings unless otherwise expressly limited.\n 2. Except as in this sec…

§ 300. Permits. 1. It shall be unlawful to commence the construction\nor alteration of a multiple dwelling or any part or section thereof, or\nof any building or structure on the same lot with such a dwelling, or\nthe alteration or conversion of a building for use as a multiple\…

§ 301. Certificate of compliance or occupancy. 1. No multiple dwelling\nshall be occupied in whole or in part until the issuance of a\ncertificate by the department that said dwelling conforms in all\nrespects to the requirements of this chapter, to the building code and\nrules …

§ 302. Unlawful occupation. 1. a. If any dwelling or structure be\noccupied in whole or in part for human habitation in violation of\nsection three hundred one, during such unlawful occupation any bond or\nnote secured by a mortgage upon said dwelling or structure, or the lot\nu…

§ 302-a. Abatement of rent in the case of serious violations.\n 1. The provisions of this section shall apply to all cities with a\npopulation of four hundred thousand or more.\n 2. a. A "rent impairing" violation within the meaning of this section\nshall designate a condition i…

§ 302-b. Removal of violations by mortgagees. 1. Notwithstanding any\nother provision of law, where a receiver has been appointed in\nforeclosure proceedings instituted by a mortgagee with respect to any\nmultiple dwelling, such mortgagee may advance to such receiver funds\nnece…

§ 302-c. Right of tenant to offset payments for heat failure; certain\ncases. 1. Any tenant acting alone or together with other tenants of a\nmultiple dwelling employing an oil fired heating device for which the\nowner is responsible and wherein there exists a lack of heat due t…

§ 303. Enforcement. 1. Except as herein otherwise provided, the\nprovisions of this chapter shall be enforced by the department charged\nwith the enforcement of laws, ordinances and regulations in relation to\nmultiple dwellings.\n 1-a. For the purpose of enforcing the provision…

§ 304. Penalties for violations. 1. Except as otherwise in this\nsection specifically provided, every person who shall violate or assist\nin the violation of any provision of this chapter shall be guilty of a\nmisdemeanor punishable, for a first offense, by a fine of not exceedi…

§ 305. Violation of local laws and regulations. Any owner, architect,\nbuilder, contractor, sub-contractor, construction superintendent or\ntheir agents who shall, in the construction or alteration of any\nbuilding or structure intended to be occupied as a multiple dwelling,\nkn…

§ 306. Judicial procedure and orders. 1. In case any multiple dwelling\nor structure or any part thereof or the lot on which it is situated is\nconstructed, altered, converted or maintained in violation of any\nprovision of this chapter or of any order or notice of the departmen…

§ 307. Liens. Every fine imposed by judgment under section three\nhundred four upon an owner shall be a lien upon the premises in relation\nto which the fine is imposed from the time of the filing of a certified\ncopy of said judgment in the office of the clerk of the county in …

§ 308. Notice of pendency of action. 1. In any action or proceeding\ninstituted by the department the plaintiff or petitioner may file in the\ncounty clerk's office of the county where the premises affected by such\naction or proceeding are situated, a notice of the pendency of …

§ 309. Repairs, vacation and demolition of buildings. 1. a. The term\n"nuisance" shall be held to embrace public nuisance as known at common\nlaw or in equity jurisprudence. Whatever is dangerous to human life or\ndetrimental to health, and whatever dwelling is overcrowded with\…

§ 309-a. Multiple dwelling; apartment prohibitions for certain\nemployees. 1. No janitor, superintendent, manager, custodian, or the\nlike, of a multiple dwelling shall be permitted to reside in an\napartment unit in the multiple dwelling in which he is employed if the\nrental o…

§ 31. Size of rooms. 1. The provisions of this section, except\nsubdivision six, shall apply only to multiple dwellings erected after\nApril eighteenth, nineteen hundred twenty-nine, and shall apply to all\nsuch dwellings unless otherwise expressly limited.\n 2. Except as in thi…

§ 310. Board of appeals. 1. As used in this section "board" shall mean\nthe agency of a city constituted as a board and authorized by law both\nto grant variances of the zoning resolution and to make rules\nsupplemental to laws regulating construction, maintenance, use and area\…

§ 32. Alcoves. 1. Every alcove, except a lawful cooking space, opening\nfrom any room in any multiple dwelling erected after April eighteenth,\nnineteen hundred twenty-nine, shall be separately lighted and ventilated\nas provided for other rooms in section thirty. It shall have …

§ 325. Registry of owner, agent and lessee. 1. Every owner of a\nmultiple dwelling, every lessee of a whole dwelling and every agent or\nother person having control of such a dwelling, shall file in the\ndepartment a notice containing his name, address and a description of\nthe …

§ 326. Service of notices, orders and summonses. 1. Every notice,\norder or summons relative to a dwelling shall be served five days before\nthe time for compliance therewith. The posting of a copy of such notice,\norder or summons in a conspicuous place in such dwelling, togeth…

§ 327. Indexing names; fees for searches. 1. The names and addresses\nfiled in accordance with section three hundred twenty-five shall be\nindexed under the direction of the registrar of records of the\ndepartment in such a manner that all of those filed in relation to each\ndwe…

§ 328. Central Violations Bureau. 1. In cities having a population of\none million or more, the department shall establish a central violations\nbureau which shall establish and maintain currently an index showing and\na file containing, with respect to each building located in …

§ 329. Certificate of inspection visits. In a city of over one million\npopulation the department shall issue without fee to all owners of\nmultiple dwellings located in such city, a certificate of inspection\nvisits upon which shall appear the title in bold print "CERTIFICATE O…

§ 33. Cooking spaces. 1. Every space which is intended, arranged or\ndesigned for cooking or warming of food shall be either a kitchen or\nkitchenette. The term "kitchen" shall mean such a space eighty square\nfeet or more in floor area. The term "kitchenette" shall mean such a\…

§ 34. Rooms in basements and cellars. 1. In any multiple dwelling\nerected after April eighteenth, nineteen hundred twenty-nine, every room\nin a cellar or basement shall have a permit as provided in subdivision\nfive of section three hundred and, except as provided in subdivisi…

§ 35. Entrance doors and lights. In every multiple dwelling erected\nafter April eighteenth, nineteen hundred twenty-nine, every door giving\naccess to an entrance hall from outside the dwelling shall contain at\nleast five square feet of glazed surface. The width of every such …

§ 351. Lien. A multiple dwelling shall be subject to a penalty of one\nthousand dollars if it or any part of it shall be used as a house of\nprostitution or assignation with the permission of the owner, and such\npenalty shall be a lien upon the dwelling and lot upon which it is…

§ 352. Recovery of premises. If a multiple dwelling, or any part\nthereof, shall be used as a house of prostitution or assignation with\nthe permission of the lessee or his agent, the lease shall be terminable\nat the election of the lessor, and the owner shall be entitled to\nr…

§ 353. Permission of owner or lessee. A multiple dwelling shall be\ndeemed to have been used for the purposes specified in the last two\nsections with the permission of the owner, agent or lessee thereof in\nthe following cases:\n 1. If summary proceedings for the removal of the…

§ 354. Rules of evidence. In any action to establish a lien or in any\naction or proceeding for a fine, penalty or other punishment for a\nviolation of any of the provisions of this, article, proof of the\nill-repute or the ill-fame of the premises which are the subject-matter\n…

§ 355. Title of action or proceeding and parties. Any action or\nproceeding referred to in this article shall be brought against the\npremises as defendant. Such premises may be described in the title of\nthe action or proceeding by their street number or by any other method\nsu…

§ 356. Jurisdiction and procedure. Any action or proceeding referred\nto in this article shall be brought in the supreme court, county court\nor other court of competent jurisdiction in the county in which the\npremises are situated. At or before the commencement of the action o…

§ 357. Judgment. The judgment in such action or proceeding, if in\nfavor of the plaintiff, shall establish the penalty sued for as a lien\nupon such premises, subject only to taxes, assessments, water rates,\nmortgages and mechanics' liens as may exist thereon prior to the filin…

§ 358. Sale of premises. At any time after the entry of any judgment\nestablishing a lien upon such premises the department, if there be no\nstay pending appeal, may apply to the court for leave to sell such\npremises. Upon such application the court may order such premises sold…

§ 359. Receivership. Whenever the lien or liens established by\njudgment pursuant to this article shall amount to one thousand dollars\nor more, and there be no stay pending appeal, the department shall\nappoint a receiver of the rents and profits of such premises. Such\nreceive…