S6873A-2009 Actions

• Jul 23, 2010: APPROVAL MEMO.6
• Jul 16, 2010: SIGNED CHAP.225
• Jul 13, 2010: DELIVERED TO GOVERNOR
• Jul 1, 2010: returned to senate
• Jul 1, 2010: passed assembly
• Jul 1, 2010: ordered to third reading rules cal.528
• Jul 1, 2010: substituted for a10008b
• Jun 25, 2010: referred to housing
• Jun 24, 2010: DELIVERED TO ASSEMBLY
• Jun 24, 2010: PASSED SENATE
• Jun 22, 2010: ORDERED TO THIRD READING CAL.1093
• Jun 22, 2010: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 17, 2010: PRINT NUMBER 6873B
• Jun 17, 2010: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jun 10, 2010: PRINT NUMBER 6873A
• Jun 10, 2010: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Feb 18, 2010: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S6873A-2009 Votes

S6873A-2009 Memo

BILL NUMBER:S6873A

TITLE OF BILL:

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

SUMMARY OF PROVISIONS:

Sections 1, 5, 6 and 7 of this bill would amend provisions of (i) the
Multiple Dwelling Law [MDL � 4(8)(a))] and, (ii) the Administrative Code
of the City of New York [1968 Building Code �27-265, New York City
Building Code � BC 310.1.2 and New York City Housing Maintenance Code
27-2004 (a)(8)(a)] to delete the terms "as a rule" and "primarily"
preceding the term "permanent residence purposes" or the description of
month to month residence as used in such provisions.

Some owners of class A multiple dwellings have been illegally using
Class A dwelling units as transient hotels. When called upon to justify
this fundamentally unsafe and illegal practice, they have cited the
ambiguity of the terms "as a rule" and "primarily" preceding the
requirement of "permanent residence" or "long term" residence for such
dwellings. These owners have also claimed that the permanent or long
term residence requirement is met when the dwelling unit is leased by a
corporate entity for more than 30 days even though the actual occupancy
by individuals is less than 30 days. This bill would put an end to these
spurious defenses by defining the term "permanent residence purposes" as
occupancy by a natural person or family for 30 consecutive days or long-
er (the permanent occupants).  Only the permanent occupants would be
permitted to allow occupancy of the dwelling unit for less than 30
consecutive days and even then only by lawful boarders, roomers or lodg-
ers or house guests living within the household of the permanent occu-
pants or while the permanent occupants are temporarily absent for vaca-
tion or other personal reason if there is no monetary compensation for
such use.  (This would not restrict any right a landlord might have to
limit such use.)

Section 2 of this bill adds a new subdivision 16 to Section 67 of the
Multiple Dwelling Law that would permit legalization of the use of Class
A dwelling units for other than permanent residence purposes in certain
dwellings constructed pursuant to plans filed on or prior to April 18,
1929 but prior to December 15, 1961, subject to certain conditions
relating to past and present hotel occupancy and fire safety require-
ments. Occupancy of such dwelling units for other than permanent resi-
dence purposes would be permitted to continue for up to two years after
the effective date of such subdivision if that occupancy existed on and
after January 1, 2009, and if the dwelling units are registered with the
enforcing agency and the owner submits certification by an architect or
engineer that the dwelling complies with the fire safety requirements of
such subdivision. The owner must obtain a certificate of occupancy

authorizing use of the dwelling for other than permanent residence
purposes within two years after such effective date. If no such certif-
icate of occupancy is obtained within such 2-year period, the department
may grant a third year with cause. The applicant may apply to the Board
of Standards and Appeals for no more than two extensions of one year if
circumstances beyond the applicant's control or hardship prevent obtain-
ing a new certificate. All use of registered dwelling units for other
than permanent residence purposes must thereafter cease.

Section 3 of the bill would add a new Section 120 to the Multiple Dwell-
ing Law that would permit legalization of the use of Class A dwelling
units for other than permanent residence purposes in certain dwellings
constructed pursuant to plans filed after April 18, 1929 but prior to
December 15, 1961, subject to certain conditions relating to past and
present hotel occupancy and fire safety requirements.  Occupancy of such
dwelling units for other than permanent residence purposes would be
permitted to continue for up to three years after the effective date of
such subdivision if that occupancy existed on and after January 1, 2009,
and if the dwelling units are registered with the enforcing agency and
the owner submits certification by an architect or engineer that the
dwelling complies with the fire safety requirements of such subdivision.
The owner must obtain a certificate of occupancy authorizing use of the
dwelling for other than permanent residence purposes within two years
after such effective date. If no such certificate of occupancy is
obtained within such 2-year period, the department may grant a third
year with cause. The applicant may apply to the Board of Standards and
Appeals for no more than two extensions of one year if circumstances
beyond the applicant's control or hardship prevent obtaining a new
certificate. All use of registered dwelling units for other than perma-
nent residence purposes must thereafter cease.

Section 4 of the bill would amend subdivision 1 of Section 248 of the
Multiple Dwelling Law and delete subdivision 16 of such section to clar-
ify that a dwelling occupied as a class A dwelling pursuant to such
section may only be occupied for permanent residence purposes in accord-
ance with paragraph a of subdivision 8 of Section 4 of this Chapter, as
amended by Section 1 of this bill.

JUSTIFICATION:

The Multiple Dwelling Law and local Building, Fire and Housing Mainte-
nance Codes establish stricter fire safety standards for dwellings such
as hotels that rent rooms on a day to day (transient) basis than the
standards for dwellings intended for month to month (permanent) resi-
dence. There are substantial penalties for owners who use dwellings
constructed for permanent occupancy (Class A) as illegal hotels.  Howev-
er, the economic incentive for this unlawful and dangerous practice has
increased, while it is easier than ever to advertise illegal hotel rooms
for rent to tourists over the internet. This is especially so in New
York City, which is attracting visitors and tourists from around the
world in record numbers. In most cases tourists responding to such
advertisements are unaware that the rooms are being offered in violation

of the law. Not only does this practice offer unfair competition to
legitimate hotels that have made substantial investments to comply with
the law but it is unfair to the legitimate "permanent" occupants of such
dwellings who must endure the inconvenience of hotel occupancy in their
buildings and it decreases the supply of affordable permanent housing.
It endangers both the legal and illegal occupants of the building
because it does not comply with fire and safety codes for transient use.

Recently, law enforcement actions against illegal hotels have been
hindered by challenges to the interpretation of "permanent residence"
that enforcing agencies have relied on for decades. In City of New York
v. 330 Continental. LLC. 60 AD3d 226, 231 (151 Dept. 2009) the court
held that the Multiple Dwelling Law allows a minority of the units in
building classified as a Class" A" Multiple Dwelling to be occupied for
non-permanent or transient occupancy. The court based this holding, in
part, on the definition of Class "A" multiple dwelling, as set forth
under Section 4(8)(a) of the Multiple Dwelling Law. In interpreting
Section 4(8)(a) of the Multiple Dwelling Law, the court held that "the
statute's use of the phrase 'as a rule' indicates that a secondary use
of the building, different from the specified primary use, is permit-
ted." The court concluded that no violation of the Class A certificate
of occupancy would result from use of a minority of the units in one of
the buildings for non-permanent or transient occupancy.

It is impossible to enforce the law against illegal hotels if the law is
interested in the maimer compelled in this case. This bill will fulfill
the original intent of the law, as construed by enforcing agencies,
including the New York City Department of Buildings, by modifying the
specific provisions of the Multiple Dwelling Law and applicable local
codes that have been cited by defendants in enforcement proceedings as
authority for the use of Class A dwellings as illegal transient hotels.
The only "secondary" transient use of class A dwelling units allowed
would be use by the permanent occupants natural persons, not corporate
entities - for house guests, boarders, roomers or lodgers living within
the household of the permanent occupants or for circumstances such as
the occasional pet or apartment "sitter" when the permanent occupants
are absent for personal reasons, such as vacation or for medical treat-
ment.

There is a small number of Class A buildings, some constructed before
April 1929 and some constructed before December 1961, currently.  oper-
ating as hotels, which have a historic record of hotel use that precedes
a zoning classification that prohibits such hotel use. These buildings
would be allowed to convert to Class B occupancy and to continue to rent
Class A dwelling units as hotel rooms during a two year conversion peri-
od commencing on the effective date of this bill. Hotel use of Class A
dwelling units in such buildings during the conversion period would be
subject to registration and stringent fire safety requirements and must
cease at the end of such period unless the owner has obtained a Class B
certificate of occupancy which the Department of Buildings could issue
upon compliance with the building codes for transient occupancy.

There is a more than adequate supply of legitimate hotels with accommo-
dations in all price ranges.  Should the growth of tourism result in
increased demand for hotel rooms in the future, commercially zoned areas
of the city allow widespread opportunities for new legitimate hotels.
The enactment of this legislation will protect public safety by assist-
ing law enforcement efforts to curb the proliferation of illegal hotels.

Provisions of the bill are keyed to 1929 and 1961 because significant
relevant changes in the Multiple Dwelling Law and New York City zoning
were made at those times.

The City of New York supports this bill.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

S6873A-2009 Text

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

                                   6873--A

                              I N  SENATE

                              February 18, 2010
                                 ___________

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

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

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


    Section  1.  Paragraph a of subdivision 8 of section 4 of the multiple
  dwelling law, as amended by chapter 562 of the laws of 1954, is  amended
  to read as follows:

    a.  A  "class A" multiple dwelling is a multiple dwelling [which] THAT
  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. A CLASS A MULTIPLE DWELLING SHALL ONLY BE USED FOR  PERMANENT
  RESIDENCE  PURPOSES.    FOR  THE PURPOSES OF THIS DEFINITION, "PERMANENT
  RESIDENCE PURPOSES" SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE
  SAME NATURAL PERSON OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE AND  A
  PERSON OR FAMILY SO OCCUPYING A DWELLING UNIT SHALL BE REFERRED TO HERE-
  IN  AS THE PERMANENT OCCUPANTS OF SUCH DWELLING UNIT. THE FOLLOWING USES
  OF A DWELLING UNIT BY THE  PERMANENT  OCCUPANTS  THEREOF  SHALL  NOT  BE
  DEEMED  TO  BE INCONSISTENT WITH THE OCCUPANCY OF SUCH DWELLING UNIT FOR
  PERMANENT RESIDENCE PURPOSES:

    (1) OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY  CONSECUTIVE
  DAYS  BY OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE PERMA-
  NENT OCCUPANT SUCH AS HOUSE GUESTS OR LAWFUL BOARDERS, ROOMERS OR  LODG-
  ERS; OR
    (2)  INCIDENTAL  AND  OCCASIONAL  OCCUPANCY  OF SUCH DWELLING UNIT FOR
  FEWER THAN THIRTY CONSECUTIVE DAYS BY OTHER  NATURAL  PERSONS  WHEN  THE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15564-06-0

 S. 6873--A                          2

  PERMANENT  OCCUPANTS ARE TEMPORARILY ABSENT FOR PERSONAL REASONS SUCH AS
  VACATION OR MEDICAL  TREATMENT,  PROVIDED  THAT  THERE  IS  NO  MONETARY
  COMPENSATION PAID TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY.
    S  2.  Section  67 of the multiple dwelling law is amended by adding a
  new subdivision 16 to read as follows:

    16. A. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
  WITHIN  A DWELLING TO WHICH THIS SECTION IS APPLICABLE THE USE OF DWELL-
  ING UNITS AS A HOTEL FOR OTHER THAN  PERMANENT  RESIDENCE  PURPOSES,  AS
  DEFINED  IN  PARAGRAPH  A  OF  SUBDIVISION EIGHT OF SECTION FOUR OF THIS
  CHAPTER, THAT WOULD  OTHERWISE  BE  PROHIBITED  SHALL  BE  PERMITTED  TO
  CONTINUE  FOR  A  PERIOD  OF  TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
  SUBDIVISION PROVIDED THAT:

    (1) SUCH DWELLING UNITS WERE USED FOR OTHER THAN  PERMANENT  RESIDENCE
  PURPOSES  ON  JANUARY FIRST, TWO THOUSAND NINE AND ON THE EFFECTIVE DATE
  OF THIS SUBDIVISION AND FIFTY-ONE PERCENT OR MORE OF THE TOTAL NUMBER OF
  DWELLING UNITS IN SUCH DWELLING WERE USED FOR OTHER THAN PERMANENT RESI-
  DENCE PURPOSES ON SUCH DATES;
    (2) SUCH DWELLING WAS OCCUPIED AS A HOTEL  FOR  OTHER  THAN  PERMANENT
  RESIDENCE PURPOSES ON DECEMBER FIFTEENTH, NINETEEN HUNDRED SIXTY-ONE;
    (3)  SUCH  DWELLING  IS OF FIREPROOF CONSTRUCTION AND WAS OF FIREPROOF
  CONSTRUCTION ON JANUARY FIRST, TWO THOUSAND NINE;
    (4) SUCH DWELLING  UNITS  USED  FOR  OTHER  THAN  PERMANENT  RESIDENCE
  PURPOSES  HAVE  AT  LEAST  TWO  LAWFUL  MEANS  OF EGRESS, INCLUDING EXIT
  STAIRS, FIRE TOWERS OR EXTERIOR STAIRS BUT EXCLUDING  FIRE  ESCAPES  AND
  HAD SUCH LAWFUL MEANS OF EGRESS ON JANUARY FIRST, TWO THOUSAND NINE;
    (5)  SUCH  DWELLING HAS OPERATIONAL EXIT SIGNS AND A FIRE ALARM SYSTEM
  COMPLYING WITH THE PROVISIONS  FOR  EXISTING  TRANSIENT  OCCUPANCIES  IN
  ACCORDANCE  WITH LOCAL LAW AND HAD SUCH EXIT SIGNS AND FIRE ALARM SYSTEM
  ON JANUARY FIRST, TWO THOUSAND NINE; AND
    (6) SUCH DWELLING  UNITS  USED  FOR  OTHER  THAN  PERMANENT  RESIDENCE
  PURPOSES  ARE  REGISTERED  WITH THE DEPARTMENT WITHIN ONE HUNDRED EIGHTY
  DAYS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION IN A FORM  AND  MANNER
  TO  BE  PROVIDED  BY  SUCH  DEPARTMENT, INCLUDING A REQUIREMENT THAT THE
  APPLICANT SUBMIT CERTIFICATION OF COMPLIANCE WITH  SUBPARAGRAPHS  THREE,
  FOUR  AND  FIVE  OF  THIS  PARAGRAPH,  SIGNED AND SEALED BY A REGISTERED
  ARCHITECT OR LICENSED PROFESSIONAL ENGINEER IN GOOD STANDING  UNDER  THE
  EDUCATION  LAW.  THE DEPARTMENT MAY ASSESS FEES TO COVER ALL COSTS ASSO-
  CIATED WITH SUCH REGISTRATION. THE DEPARTMENT  MAY  REFUSE  TO  REGISTER
  DWELLING  UNITS  OR  MAY  REVOKE SUCH REGISTRATION IF IT DETERMINES SUCH
  DWELLING UNITS OR DWELLING DO NOT COMPLY WITH THE CONDITIONS FOR  REGIS-
  TRATION SET FORTH IN SUBPARAGRAPHS ONE THROUGH FIVE OF THIS PARAGRAPH.
    B.  THE  OWNER  SHALL OBTAIN A CERTIFICATE OF OCCUPANCY FOR THE USE OF
  REGISTERED DWELLING UNITS FOR OTHER THAN  PERMANENT  RESIDENCE  PURPOSES
  WITHIN  TWO  YEARS  AFTER  THE  EFFECTIVE DATE OF THIS SUBDIVISION. UPON
  APPLICATION PRIOR TO THE EXPIRATION OF SUCH TWO YEAR PERIOD, THE DEPART-
  MENT MAY, FOR GOOD CAUSE, EXTEND SUCH TIME FOR UP TO ONE ADDITIONAL YEAR
  BUT NO SUCH EXTENSION SHALL BE GRANTED UNLESS THE DEPARTMENT FINDS THAT:

    (1) THE OWNER HAS OBTAINED THE NECESSARY PERMIT  OR  PERMITS  FOR  ALL
  WORK  NECESSARY TO BRING SUCH DWELLING INTO COMPLIANCE WITH THE REQUIRE-
  MENTS OF THIS CHAPTER AND ALL LOCAL HOUSING, BUILDING AND FIRE CODES FOR
  THE USE OF DWELLING UNITS FOR OTHER THAN PERMANENT RESIDENCE PURPOSES;
    (2) ALL CONSTRUCTION AUTHORIZED BY SUCH PERMIT  OR  PERMITS  HAS  BEEN
  SUBSTANTIALLY COMPLETED; AND
    (3)  THERE  ARE NO CONSIDERATIONS OF PUBLIC SAFETY, HEALTH AND WELFARE
  THAT HAVE BECOME APPARENT SINCE THE  ISSUANCE  OF  THE  ABOVE  DESCRIBED
  PERMIT  OR  PERMITS THAT INDICATE AN OVERRIDING BENEFIT TO THE PUBLIC IN

 S. 6873--A                          3

  ENFORCING THE REQUIREMENT THAT THE APPLICANT  OBTAIN  A  CERTIFICATE  OF
  OCCUPANCY FOR THE USE OF REGISTERED DWELLING UNITS FOR OTHER THAN PERMA-
  NENT  RESIDENCE  PURPOSES  WITHIN  TWO YEARS AFTER THE EFFECTIVE DATE OF
  THIS SUBDIVISION.
    C.  UPON APPLICATION PRIOR TO THE EXPIRATION OF THE TIME FOR OBTAINING
  A CERTIFICATE OF OCCUPANCY, AS EXTENDED BY THE  DEPARTMENT  PURSUANT  TO
  PARAGRAPH  B OF THIS SUBDIVISION, THE BOARD OF STANDARDS AND APPEALS MAY
  GRANT FURTHER EXTENSIONS OF TIME TO OBTAIN A CERTIFICATE OF OCCUPANCY IN
  A CASE WHERE THERE ARE CIRCUMSTANCES BEYOND THE APPLICANT'S  CONTROL  OR
  HARDSHIP  IN  THE  WAY  OF  OBTAINING  SUCH  CERTIFICATE WITHIN THE TIME
  ALLOWED BY THE DEPARTMENT BUT NO MORE THAN TWO SUCH  EXTENSIONS  OF  ONE
  YEAR EACH SHALL BE GRANTED FOR A BUILDING AND NO SUCH EXTENSION SHALL BE
  GRANTED UNLESS THE BOARD FINDS THAT THERE ARE NO OUTSTANDING BUILDING OR
  FIRE CODE VIOLATIONS OF RECORD AT THE PROPERTY.
    D. THE DEPARTMENT SHALL ISSUE SUCH CERTIFICATE OF OCCUPANCY UPON PROOF
  THAT  SAID DWELLING CONFORMS IN ALL RESPECTS TO THE REQUIREMENTS OF THIS
  CHAPTER AND ALL LOCAL HOUSING, BUILDING AND FIRE CODES FOR  THE  USE  OF
  DWELLING  UNITS  FOR OTHER THAN PERMANENT RESIDENCE PURPOSES. IF NO SUCH
  CERTIFICATE OF OCCUPANCY IS ISSUED WITHIN TWO YEARS AFTER THE  EFFECTIVE
  DATE  OF THIS SUBDIVISION OR, IF APPLICABLE, WITHIN THE TIME AS EXTENDED
  BY THE DEPARTMENT OR AS FURTHER EXTENDED BY THE BOARD OF  STANDARDS  AND
  APPEALS,  ALL  USE  OF DWELLING UNITS FOR OTHER THAN PERMANENT RESIDENCE
  PURPOSES SHALL THEREAFTER CEASE.
    E. IF AFTER A CERTIFICATE OF OCCUPANCY IS ISSUED PURSUANT TO PARAGRAPH
  D OF THIS SUBDIVISION, THE USE OF SUCH DWELLING  UNITS  FOR  OTHER  THAN
  PERMANENT  RESIDENCE  PURPOSES IS DISCONTINUED, NOTHING IN THIS SUBDIVI-
  SION SHALL BE CONSTRUED TO LIMIT THE APPLICATION  OF  THE  LOCAL  ZONING
  RESOLUTION WITH RESPECT TO SUCH DISCONTINUANCE.
    S 3. Article 4 of the multiple dwelling law is amended by adding a new
  title 3 to read as follows:


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

  SECTION 120. USE  OF  DWELLING  UNITS IN A CLASS A MULTIPLE DWELLING FOR
                 OTHER THAN PERMANENT RESIDENCE PURPOSES.
    S 120. USE OF DWELLING UNITS IN A CLASS A MULTIPLE DWELLING FOR  OTHER
  THAN   PERMANENT   RESIDENCE  PURPOSES.  1.  NOTWITHSTANDING  ANY  OTHER
  PROVISION OF LAW TO THE CONTRARY, WITHIN A CLASS A MULTIPLE DWELLING  TO
  WHICH  THIS  ARTICLE  IS APPLICABLE THE USE OF DWELLING UNITS AS A HOTEL
  FOR OTHER THAN PERMANENT RESIDENCE PURPOSES, AS DEFINED IN  PARAGRAPH  A
  OF  SUBDIVISION EIGHT OF SECTION FOUR OF THIS CHAPTER, THAT WOULD OTHER-
  WISE BE PROHIBITED SHALL BE PERMITTED TO CONTINUE FOR A  PERIOD  OF  TWO
  YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION PROVIDED THAT:

    A.  SUCH  DWELLING  UNITS WERE USED FOR OTHER THAN PERMANENT RESIDENCE
  PURPOSES ON JANUARY FIRST, TWO THOUSAND NINE AND ON THE  EFFECTIVE  DATE
  OF THIS SUBDIVISION AND FIFTY-ONE PERCENT OR MORE OF THE TOTAL NUMBER OF
  DWELLING UNITS IN SUCH DWELLING WERE USED FOR OTHER THAN PERMANENT RESI-
  DENCE PURPOSES ON SUCH DATES;
    B.  (1)  SUCH  DWELLING WAS INITIALLY CONSTRUCTED AS AND IDENTIFIED ON
  ITS INITIAL CERTIFICATE OF OCCUPANCY AS "APARTMENT HOTEL"  OR  "CLASS  A
  HOTEL"  AND  OCCUPIED  AS  A  HOTEL  FOR  OTHER THAN PERMANENT RESIDENCE
  PURPOSES ON DECEMBER FIFTEENTH, NINETEEN HUNDRED SIXTY-ONE OR,  IF  SUCH
  DWELLING  WAS  UNDER CONSTRUCTION AND NOT YET COMPLETE ON SUCH DATE, WAS
  OCCUPIED AS A HOTEL FOR OTHER THAN PERMANENT RESIDENCE PURPOSES  AT  THE

 S. 6873--A                          4

  TIME  THE  DWELLING  WAS  COMPLETED,  OR  (2) SUCH DWELLING IS IN ZONING
  DISTRICT C5 AS DESIGNATED IN THE NEW YORK CITY ZONING RESOLUTION AND WAS
  INITIALLY CONSTRUCTED AS A HOTEL  FOR  OTHER  THAN  PERMANENT  RESIDENCE
  PURPOSES  PRIOR  TO  DECEMBER  FIFTEENTH, NINETEEN HUNDRED SIXTY-ONE AND
  OCCUPIED AS A HOTEL FOR  OTHER  THAN  PERMANENT  RESIDENCE  PURPOSES  ON
  DECEMBER FIFTEENTH, NINETEEN HUNDRED SIXTY-ONE, OR (3) SUCH DWELLING (A)
  IS WITHIN TWELVE HUNDRED FEET OF ZONING DISTRICT C5 AS DESIGNATED IN THE
  NEW  YORK  CITY  ZONING  RESOLUTION,  (B) WAS INITIALLY CONSTRUCTED AS A
  HOTEL FOR OTHER THAN PERMANENT RESIDENCE PURPOSES IN ACCORDANCE  WITH  A
  PERMIT  THAT  WAS  ISSUED  PRIOR TO DECEMBER FIFTEENTH, NINETEEN HUNDRED
  SIXTY-ONE, AND (C) WAS  COMPLETED  AFTER  DECEMBER  FIFTEENTH,  NINETEEN
  HUNDRED  SIXTY-ONE  AND WAS INITIALLY OCCUPIED AS A HOTEL FOR OTHER THAN
  PERMANENT RESIDENCE PURPOSES;
    C. SUCH DWELLING IS OF FIREPROOF CONSTRUCTION  AND  WAS  OF  FIREPROOF
  CONSTRUCTION ON JANUARY FIRST, TWO THOUSAND NINE;
    D.  SUCH  DWELLING  UNITS  USED  FOR  OTHER  THAN  PERMANENT RESIDENCE
  PURPOSES HAVE AT LEAST  TWO  LAWFUL  MEANS  OF  EGRESS,  INCLUDING  EXIT
  STAIRS,  FIRE  TOWERS  OR EXTERIOR STAIRS BUT EXCLUDING FIRE ESCAPES AND
  HAD SUCH LAWFUL MEANS OF EGRESS ON JANUARY FIRST, TWO THOUSAND NINE;
    E. SUCH DWELLING HAS OPERATIONAL EXIST SIGNS AND A FIRE  ALARM  SYSTEM
  COMPLYING  WITH  THE  PROVISIONS  FOR  EXISTING TRANSIENT OCCUPANCIES IN
  ACCORDANCE WITH LOCAL LAW AND HAD SUCH EXIT SIGNS AND FIRE ALARM  SYSTEM
  ON JANUARY FIRST, TWO THOUSAND NINE; AND
    F.  SUCH  DWELLING  UNITS  USED  FOR  OTHER  THAN  PERMANENT RESIDENCE
  PURPOSES ARE REGISTERED WITH THE DEPARTMENT WITHIN  ONE  HUNDRED  EIGHTY
  DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION IN A FORM AND MANNER TO BE
  PROVIDED  BY SUCH DEPARTMENT, INCLUDING A REQUIREMENT THAT THE APPLICANT
  SUBMIT CERTIFICATION OF COMPLIANCE WITH  PARAGRAPHS  D  AND  E  OF  THIS
  SUBDIVISION,  SIGNED  AND  SEALED  BY A REGISTERED ARCHITECT OR LICENSED
  PROFESSIONAL ENGINEER IN GOOD STANDING  UNDER  THE  EDUCATION  LAW.  THE
  DEPARTMENT  MAY  ASSESS  FEES  TO  COVER  ALL COSTS ASSOCIATED WITH SUCH
  REGISTRATION. THE DEPARTMENT MAY REFUSE TO REGISTER  DWELLING  UNITS  OR
  MAY  REVOKE  SUCH  REGISTRATION  IF IT DETERMINES SUCH DWELLING UNITS OR
  DWELLING DO NOT COMPLY WITH THE CONDITIONS FOR REGISTRATION SET FORTH IN
  PARAGRAPHS A THROUGH E OF THIS SUBDIVISION.
    2. THE OWNER SHALL OBTAIN A CERTIFICATE OF OCCUPANCY FOR  THE  USE  OF
  REGISTERED  DWELLING  UNITS  FOR OTHER THAN PERMANENT RESIDENCE PURPOSES
  WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION. UPON APPLICA-
  TION PRIOR TO THE EXPIRATION OF SUCH TWO  YEAR  PERIOD,  THE  DEPARTMENT
  MAY,  FOR GOOD CAUSE, EXTEND SUCH TIME FOR UP TO ONE ADDITIONAL YEAR BUT
  NO SUCH EXTENSION SHALL BE GRANTED UNLESS THE DEPARTMENT FINDS THAT:

    A. THE OWNER HAS OBTAINED THE NECESSARY PERMIT OR PERMITS FOR ALL WORK
  NECESSARY TO BRING SUCH DWELLING INTO COMPLIANCE WITH  THE  REQUIREMENTS
  OF  THIS  CHAPTER AND ALL LOCAL HOUSING, BUILDING AND FIRE CODES FOR THE
  USE OF DWELLING UNITS FOR OTHER THAN PERMANENT RESIDENCE PURPOSES;
    B. ALL CONSTRUCTION AUTHORIZED BY SUCH  PERMIT  OR  PERMITS  HAS  BEEN
  SUBSTANTIALLY COMPLETED; AND
    C.  THERE  ARE  NO CONSIDERATIONS OF PUBLIC SAFETY, HEALTH AND WELFARE
  THAT HAVE BECOME APPARENT SINCE THE  ISSUANCE  OF  THE  ABOVE  DESCRIBED
  PERMIT  OR  PERMITS THAT INDICATE AN OVERRIDING BENEFIT TO THE PUBLIC IN
  ENFORCING THE REQUIREMENT THAT THE APPLICANT  OBTAIN  A  CERTIFICATE  OF
  OCCUPANCY FOR THE USE OF REGISTERED DWELLING UNITS FOR OTHER THAN PERMA-
  NENT  RESIDENCE  PURPOSES  WITHIN  TWO YEARS AFTER THE EFFECTIVE DATE OF
  THIS SECTION.
    3. UPON APPLICATION PRIOR TO THE EXPIRATION OF THE TIME FOR  OBTAINING
  A  CERTIFICATE  OF  OCCUPANCY, AS EXTENDED BY THE DEPARTMENT PURSUANT TO

 S. 6873--A                          5

  SUBDIVISION TWO OF THIS SECTION, THE BOARD OF STANDARDS AND APPEALS  MAY
  GRANT FURTHER EXTENSIONS OF TIME TO OBTAIN A CERTIFICATE OF OCCUPANCY IN
  A  CASE  WHERE THERE ARE CIRCUMSTANCES BEYOND THE APPLICANT'S CONTROL OR
  HARDSHIP  IN  THE  WAY  OF  OBTAINING  SUCH  CERTIFICATE WITHIN THE TIME
  ALLOWED BY THE DEPARTMENT BUT NO MORE THAN TWO SUCH  EXTENSIONS  OF  ONE
  YEAR EACH SHALL BE GRANTED FOR A BUILDING AND NO SUCH EXTENSION SHALL BE
  GRANTED UNLESS THE BOARD FINDS THAT THERE ARE NO OUTSTANDING BUILDING OR
  FIRE CODE VIOLATIONS OF RECORD AT THE PROPERTY.
    4. THE DEPARTMENT SHALL ISSUE SUCH CERTIFICATE OF OCCUPANCY UPON PROOF
  THAT  SAID DWELLING CONFORMS IN ALL RESPECTS TO THE REQUIREMENTS OF THIS
  CHAPTER AND ALL LOCAL HOUSING, BUILDING AND FIRE CODES FOR  THE  USE  OF
  DWELLING  UNITS  FOR OTHER THAN PERMANENT RESIDENCE PURPOSES. IF NO SUCH
  CERTIFICATE OF OCCUPANCY IS ISSUED WITHIN TWO YEARS AFTER THE  EFFECTIVE
  DATE  OF  THIS SECTION OR, IF APPLICABLE, WITHIN THE TIME AS EXTENDED BY
  THE DEPARTMENT OR AS FURTHER EXTENDED BY  THE  BOARD  OF  STANDARDS  AND
  APPEALS,  ALL  USE  OF DWELLING UNITS FOR OTHER THAN PERMANENT RESIDENCE
  PURPOSES SHALL THEREAFTER CEASE.
    5. IF AFTER A CERTIFICATE OF OCCUPANCY IS ISSUED PURSUANT TO  SUBDIVI-
  SION FOUR OF THIS SECTION, THE USE OF SUCH DWELLING UNITS FOR OTHER THAN
  PERMANENT  RESIDENCE  PURPOSES  IS DISCONTINUED, NOTHING IN THIS SECTION
  SHALL BE CONSTRUED TO LIMIT THE APPLICATION OF THE LOCAL  ZONING  RESOL-
  UTION WITH RESPECT TO SUCH DISCONTINUANCE.
    S  4.  Subdivisions  1  and 16 of section 248 of the multiple dwelling
  law, subdivision 1 as amended by chapter 116 of the laws  of  1950,  are
  amended to read as follows:

    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 conver-
  sion. 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 para-
  graphs  a, b and c of subdivision four of this section. A dwelling occu-
  pied pursuant to this section shall be deemed a  class  A  dwelling  AND
  DWELLING  UNITS  OCCUPIED PURSUANT TO THIS SECTION SHALL BE OCCUPIED FOR
  PERMANENT RESIDENCE PURPOSES, AS DEFINED IN PARAGRAPH A  OF  SUBDIVISION
  EIGHT OF SECTION FOUR OF THIS CHAPTER.
    [16.  It shall be unlawful to rent any room in any such dwelling for a
  period of less than a week.]
    S 5. Section 27-265 of the administrative code of the city of New York
  is amended to read as follows:

    S 27-265 Occupancy group J-2. Shall include buildings  with  three  or
  more  dwelling  units  that  are [primarily occupied for the shelter and
  sleeping accommodation of individuals on a month-to-month or longer-term
  basis] OCCUPIED FOR PERMANENT RESIDENCE PURPOSES AS DEFINED IN  SUBPARA-
  GRAPH  (A) OF PARAGRAPH EIGHT OF SUBDIVISION A OF SECTION 27-2004 OF THE
  HOUSING MAINTENANCE CODE.
    S 6. Section 310.1.2 of BC 310 of the New York City building  code  of
  chapter  7  of  title  28  of the administrative code of the city of New
  York, as added by local law number 33 of the city of New  York  for  the
  year 2007, is amended to read as follows:


 S. 6873--A                          6

    310.1.2  Group R-2. This occupancy shall include buildings or portions
  thereof containing sleeping units or more than two dwelling  units  that
  are  occupied[,  as  a rule, for shelter and sleeping accommodation on a
  long-term basis for a month or more at a time] FOR  PERMANENT  RESIDENCE
  PURPOSES  AS  DEFINED IN SUBPARAGRAPH (A) OF PARAGRAPH EIGHT OF SUBDIVI-
  SION A OF SECTION 27-2004 OF THE NEW YORK CITY HOUSING MAINTENANCE CODE.
  Such occupancy shall be subject to the New York State Multiple  Dwelling
  Law. This group shall include, but not be limited to, the following:

    Adult  homes  or enriched housing with 16 or fewer occupants requiring
  supervised care on a 24-hour basis in the same building,  provided  that
  the number of occupants per dwelling unit does not exceed the definition
  of a family
    Apartment houses
    Apartment hotels (nontransient)
    Class  A  multiple  dwellings as defined in Section 27-2004 of the New
  York City Housing Maintenance Code and Section 4 of the New  York  State
  Multiple Dwelling Law, including the following:

    1.  Dwelling  units  where the resident of the unit provides custodial
  care to no more than four persons on less than a 24-hour basis  and  not
  overnight.
    2. Dwelling units where the resident of the unit provides child custo-
  dial  care  as  a family day care home registered with the New York City
  Department of Health and Mental Hygiene in accordance with the New  York
  State  Social  Services  Law  with no more than six children between the
  ages of 2 and 13, or with no more than five children if  any  are  under
  the age of 2, receiving supervised care on less than a 24-hour basis and
  not overnight.
    Exception: Class A multiple dwellings classified in Group I-1.
    Convents and monasteries with more than 20 occupants in the building
    Student apartments
    S  7.  Subparagraph  (a)  of  paragraph  8 of subdivision a of section
  27-2004 of the administrative code of the city of New York is amended to
  read as follows:

    (a) A class A multiple dwelling is a multiple dwelling [which] THAT 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. A CLASS A MULTIPLE DWELLING SHALL ONLY BE USED FOR  PERMANENT
  RESIDENCE  PURPOSES.   FOR THE PURPOSES OF THIS SUBPARAGRAPH, "PERMANENT
  RESIDENCE PURPOSES" SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE
  SAME NATURAL PERSON OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE, AND A
  NATURAL PERSON OR FAMILY SO OCCUPYING A DWELLING UNIT SHALL BE  REFERRED
  TO  HEREIN AS THE PERMANENT OCCUPANTS OF SUCH DWELLING UNIT. THE FOLLOW-
  ING USES OF A DWELLING UNIT BY THE PERMANENT OCCUPANTS THEREOF SHALL NOT
  BE DEEMED TO BE INCONSISTENT WITH OCCUPANCY OF SUCH  DWELLING  UNIT  FOR
  PERMANENT RESIDENCE PURPOSES:

    (1)  OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY CONSECUTIVE
  DAYS BY OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE  PERMA-
  NENT  OCCUPANT SUCH AS HOUSE GUESTS OR LAWFUL BOARDERS, ROOMERS OR LODG-
  ERS; OR
    (2) INCIDENTAL AND OCCASIONAL OCCUPANCY  OF  SUCH  DWELLING  UNIT  FOR
  FEWER  THAN  THIRTY  CONSECUTIVE  DAYS BY OTHER NATURAL PERSONS WHEN THE
  PERMANENT OCCUPANTS ARE TEMPORARILY ABSENT FOR PERSONAL REASONS SUCH  AS

 S. 6873--A                          7

  VACATION  OR  MEDICAL  TREATMENT,  PROVIDED  THAT  THERE  IS NO MONETARY
  COMPENSATION PAID TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY.
    S  8.  This  act  shall take effect immediately and shall apply to all
  buildings  in  existence  on  such  effective  date  and  to   buildings
  constructed after such effective date.