Bill S6873B-2009

Clarifies provisions relating to occupancy of class A multiple dwellings

Relates to clarifying provisions relating to occupancy of class A multiple dwellings.

Details

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

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 22, 2010
Ayes (19): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Klein, Valesky, Johnson O, Padavan, Volker, Farley, LaValle, Seward, Saland
Ayes W/R (3): Dilan, Skelos, Larkin
Nays (1): Hannon

Memo

BILL NUMBER:S6873B

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 longer (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 lodgers or house guests living within the household of the permanent occupants or while the permanent occupants are temporarily absent for vacation 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.)

The bill contains a narrow exemption for buildings owned by colleges or universities. It allows these institutions to use the larger of five percent of the units in the building for occupancy of less than 30 days for visitors to the institution, provided that there is no monetary compensation for 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 requirements. 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 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 permanent residence purposes must thereafter cease.

Section 3 of the bill would add a new Section 120 to 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 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 permanent 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 clarify that a dwelling occupied as a class A dwelling pursuant to such section may only be occupied for permanent residence purposes in accordance 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 Maintenance 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) residence. 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 AD.3d 226, 231 (1st 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 nonpermanent 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 permitted." 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 nonpermanent or transient occupancy.

It is impossible to enforce the law against illegal hotels if the law is interpreted in the manner 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 treatment.

There is a small number of Class A buildings, some constructed before April 1929 and some constructed before December 1961, currently operating 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 period 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 accommodations 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 assisting 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6873--B IN 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 -- 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) (A) OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY CONSEC- UTIVE DAYS BY OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE PERMANENT OCCUPANT SUCH AS HOUSE GUESTS OR LAWFUL BOARDERS, ROOMERS OR LODGERS; OR
(B) 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 VACATION OR MEDICAL TREATMENT, PROVIDED THAT THERE IS NO MONETARY COMPENSATION PAID TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY. (2) IN A CLASS A MULTIPLE DWELLING OWNED BY AN ACCREDITED NOT-FOR-PRO- FIT COLLEGE OR UNIVERSITY OR LEASED BY SUCH A COLLEGE OR UNIVERSITY UNDER A NET LEASE FOR A TERM OF FORTY-NINE YEARS OR MORE, THE USE OF DESIGNATED DWELLING UNITS FOR OCCUPANCY FOR FEWER THAN THIRTY CONSEC- UTIVE DAYS SHALL NOT BE INCONSISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT RESIDENCE PURPOSES IF: (A) NO MORE THAN FIVE PERCENT OF THE DWELLING UNITS IN SUCH MULTIPLE DWELLING BUT NOT LESS THAN ONE DWELLING UNIT, ARE DESIGNATED FOR SUCH USE AND THE DESIGNATION OF A UNIT ONCE MADE MAY NOT BE CHANGED TO ANOTH- ER UNIT; (B) A LIST OF THE DESIGNATED DWELLING UNITS CERTIFIED BY AN AUTHORIZED REPRESENTATIVE OF THE COLLEGE OR UNIVERSITY IS KEPT ON THE PREMISES BY THE OWNER OR NET LESSEE AND MADE AVAILABLE UPON REQUEST FOR INSPECTION BY THE DEPARTMENT OR THE FIRE DEPARTMENT OF SUCH CITY; (C) ONLY DESIGNATED DWELLING UNITS ON THE CERTIFIED LIST ARE USED FOR OCCUPANCY FOR FEWER THAN THIRTY CONSECUTIVE DAYS AND ONLY BY (I) NATURAL PERSONS, OTHER THAN PERSONS WHOSE ONLY RELATIONSHIP WITH THE COLLEGE OR UNIVERSITY IS AS A STUDENT, FOR WHOM THE COLLEGE OR UNIVERSITY HAS UNDERTAKEN TO PROVIDE HOUSING ACCOMMODATIONS SUCH AS VISITING PROFESSORS AND ACADEMICS, GRADUATE STUDENTS WITH RESEARCH OR TEACHING FELLOWSHIPS, RESEARCHERS AND PERSONS PRESENTING ACADEMIC PAPERS, INTERVIEWING FOR POSITIONS OF EMPLOYMENT OR HAVING OTHER SIMILAR BUSINESS WITH THE COLLEGE OR UNIVERSITY, OR (II) NATURAL PERSONS FOR WHOM A HOSPITAL AFFILIATED WITH SUCH COLLEGE OR UNIVERSITY HAS UNDERTAKEN TO PROVIDE HOUSING ACCOMMODATIONS SUCH AS PATIENTS, PATIENTS' FAMILIES AND/OR ACCOMPANYING ESCORTS, MEDICAL PROFESSIONALS AND HEALTHCARE CONSULTANTS OR PERSONS HAVING OTHER SIMILAR BUSINESS WITH SUCH HOSPITAL. A LOG SHALL BE MAINTAINED ON THE PREMISES OF THE NAMES AND ADDRESSES OF SUCH PERSONS AND THE DURATION AND REASON FOR THEIR STAY. SUCH LOG SHALL BE ACCESSIBLE UPON REQUEST FOR INSPECTION BY THE DEPARTMENT AND THE FIRE DEPARTMENT OF SUCH MUNICIPALITY; (D) NO RENT OR OTHER PAYMENT IS COLLECTED FOR SUCH OCCUPANCY; AND (E) THE FIRE DEPARTMENT OF SUCH CITY SHALL REQUIRE THE FILING OF A FIRE SAFETY PLAN OR OTHER APPROPRIATE FIRE SAFETY PROCEDURE. 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 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 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 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: 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) (A) OCCUPANCY OF SUCH DWELLING UNIT FOR FEWER THAN THIRTY CONSEC- UTIVE DAYS BY OTHER NATURAL PERSONS LIVING WITHIN THE HOUSEHOLD OF THE PERMANENT OCCUPANT SUCH AS HOUSE GUESTS OR LAWFUL BOARDERS, ROOMERS OR LODGERS; OR (B) 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 VACATION OR MEDICAL TREATMENT, PROVIDED THAT THERE IS NO MONETARY COMPENSATION PAID TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY. (2) IN A CLASS A MULTIPLE DWELLING OWNED BY AN ACCREDITED NOT-FOR-PRO- FIT COLLEGE OR UNIVERSITY OR LEASED BY SUCH A COLLEGE OR UNIVERSITY UNDER A NET LEASE FOR A TERM OF FORTY-NINE YEARS OR MORE, THE USE OF DESIGNATED DWELLING UNITS FOR OCCUPANCY FOR FEWER THAN THIRTY CONSEC- UTIVE DAYS SHALL NOT BE INCONSISTENT WITH THE OCCUPANCY OF SUCH MULTIPLE DWELLING FOR PERMANENT RESIDENCE PURPOSES IF: (A) NO MORE THAN FIVE PERCENT OF THE DWELLING UNITS IN SUCH MULTIPLE DWELLING BUT NOT LESS THAN ONE DWELLING UNIT, ARE DESIGNATED FOR SUCH USE AND THE DESIGNATION OF A UNIT ONCE MADE MAY NOT BE CHANGED TO ANOTH- ER UNIT; (B) A LIST OF THE DESIGNATED DWELLING UNITS CERTIFIED BY AN AUTHORIZED REPRESENTATIVE OF THE COLLEGE OR UNIVERSITY IS KEPT ON THE PREMISES BY THE OWNER OR NET LESSEE AND MADE AVAILABLE UPON REQUEST FOR INSPECTION BY THE DEPARTMENT OR THE FIRE DEPARTMENT OF SUCH CITY; (C) ONLY DESIGNATED DWELLING UNITS ON THE CERTIFIED LIST ARE USED FOR OCCUPANCY FOR FEWER THAN THIRTY CONSECUTIVE DAYS AND ONLY BY (I) NATURAL PERSONS, OTHER THAN PERSONS WHOSE ONLY RELATIONSHIP WITH THE COLLEGE OR UNIVERSITY IS AS A STUDENT, FOR WHOM THE COLLEGE OR UNIVERSITY HAS UNDERTAKEN TO PROVIDE HOUSING ACCOMMODATIONS SUCH AS VISITING PROFESSORS
AND ACADEMICS, GRADUATE STUDENTS WITH RESEARCH OR TEACHING FELLOWSHIPS, RESEARCHERS AND PERSONS PRESENTING ACADEMIC PAPERS, INTERVIEWING FOR POSITIONS OF EMPLOYMENT OR HAVING OTHER SIMILAR BUSINESS WITH THE COLLEGE OR UNIVERSITY, OR (II) NATURAL PERSONS FOR WHOM A HOSPITAL AFFILIATED WITH SUCH COLLEGE OR UNIVERSITY HAS UNDERTAKEN TO PROVIDE HOUSING ACCOMMODATIONS SUCH AS PATIENTS, PATIENTS' FAMILIES AND/OR ACCOMPANYING ESCORTS, MEDICAL PROFESSIONALS AND HEALTHCARE CONSULTANTS OR PERSONS HAVING OTHER SIMILAR BUSINESS WITH SUCH HOSPITAL. A LOG SHALL BE MAINTAINED ON THE PREMISES OF THE NAMES AND ADDRESSES OF SUCH PERSONS AND THE DURATION AND REASON FOR THEIR STAY. SUCH LOG SHALL BE ACCESSIBLE UPON REQUEST FOR INSPECTION BY THE DEPARTMENT AND THE FIRE DEPARTMENT OF SUCH MUNICIPALITY; (D) NO RENT OR OTHER PAYMENT IS COLLECTED FOR SUCH OCCUPANCY; AND (E) THE FIRE DEPARTMENT OF SUCH CITY SHALL REQUIRE THE FILING OF A FIRE SAFETY PLAN OR OTHER APPROPRIATE FIRE SAFETY PROCEDURE. 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.

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