NY State Senate Bill S6873B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 23, 2010	approval memo.6
Jul 16, 2010	signed chap.225
Jul 13, 2010	delivered to governor
Jul 01, 2010	returned to senate passed assembly ordered to third reading rules cal.528 substituted for a10008b
Jun 25, 2010	referred to housing
Jun 24, 2010	delivered to assembly passed senate
Jun 22, 2010	ordered to third reading cal.1093 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

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S6873 - Details

See Assembly Version of this Bill:: A10008
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §§4, 67 & 248, add Art 4 Title 3 §120, Mult Dwell L; amd §§27-265 & 27-2004, §310.1.2 of BC 310 Title 28 Chap 7, NYC Ad Cd

S6873 - Summary

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

S6873 - Sponsor Memo

 BILL NUMBER:  S6873

 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


 PURPOSE :
To clarify the definitions of terms used to describe the legal
occupancy of class A multiple dwellings, to improve the ability of
enforcement agencies to curtail the improper use of class A dwelling
units as transient hotels, and to provide a pathway for the
legalization of certain class A dwelling units constructed before 1929
for uses other than permanent purposes.

 SUMMARY OF PROVISIONS :
Sections 1, 4, 5 and 6 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.

Many 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.)

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, 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 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 all use
of registered dwelling units for other than permanent residence
purposes must thereafter cease.

Section 3 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. However, the economic incentive for this unlawful and
dangerous practice has increased, at the same time that 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 (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 or
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, constructed before 1929,
currently operating as hotels that 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.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

S6873 - Bill Text download pdf

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

                                  6873

                            I N  S E N A T E

                            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

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 is occu-
pied[, 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 apart-
ments, kitchenette apartments, garden-type maisonette dwelling projects,
and all other multiple dwellings except class B multiple dwellings.  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 HEREIN 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 INCONSIST-
ENT 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
PERMANENT OCCUPANTS ARE TEMPORARILY ABSENT FOR PERSONAL REASONS SUCH  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15564-01-0

S. 6873                             2

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 TWENTY
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. THE
DEPARTMENT SHALL ISSUE SUCH CERTIFICATE OF  OCCUPANCY  UPON  PROOF  THAT
SAID DWELLING CONFORMS IN ALL RESPECTS TO THE REQUIREMENTS OF THIS CHAP-
TER AND ALL LOCAL HOUSING, BUILDING AND FIRE CODES FOR THE USE OF DWELL-
ING  UNITS  FOR  OTHER  THAN  PERMANENT  RESIDENCE  PURPOSES. IF NO SUCH
CERTIFICATE OF OCCUPANCY IS ISSUED WITHIN SUCH TWO YEAR PERIOD  ALL  USE
OF  DWELLING  UNITS  FOR  OTHER  THAN PERMANENT RESIDENCE PURPOSES SHALL
THEREAFTER CEASE.
  C. IF AFTER A CERTIFICATE OF OCCUPANCY IS ISSUED PURSUANT TO PARAGRAPH
B 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. 6873                             3

  S  3.  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 4. 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 5. 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 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

S. 6873                             4

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  6.  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 is  occu-
pied[,  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  apart-
ments, kitchenette apartments, garden-type maisonette dwelling projects,
and all other multiple dwellings except class B multiple dwellings.  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 FAMI-
LY  SO  OCCUPYING  A  DWELLING  UNIT  SHALL BE REFERRED TO HEREIN 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 OCCUPANCY OF SUCH DWELLING UNIT FOR PERMANENT RESI-
DENCE 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
VACATION OR MEDICAL  TREATMENT,  PROVIDED  THAT  THERE  IS  NO  MONETARY
COMPENSATION PAID TO THE PERMANENT OCCUPANTS FOR SUCH OCCUPANCY.
  S  7.  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.

Co-Sponsors

S6873A - Details

See Assembly Version of this Bill:: A10008
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §§4, 67 & 248, add Art 4 Title 3 §120, Mult Dwell L; amd §§27-265 & 27-2004, §310.1.2 of BC 310 Title 28 Chap 7, NYC Ad Cd

S6873A - Summary

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

S6873A - Sponsor 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 - Bill Text download pdf

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

                                 6873--A

                            I N  S E N A T E

                            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.

Co-Sponsors

S6873B (ACTIVE) - Details

See Assembly Version of this Bill:: A10008
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §§4, 67 & 248, add Art 4 Title 3 §120, Mult Dwell L; amd §§27-265 & 27-2004, §310.1.2 of BC 310 Title 28 Chap 7, NYC Ad Cd

S6873B (ACTIVE) - Summary

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

S6873B (ACTIVE) - Sponsor 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 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.)

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 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 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 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 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 treat-
ment.

There is a small number of Class A buildings, some constructed before
April 1929 and some constructed before December 1961, currently operat-
ing 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.

S6873B (ACTIVE) - Bill Text download pdf

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

                                 6873--B

                            I N  S E N A T E

                            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

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

                                                           LBD15564-08-0

S. 6873--B                          2

  (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;

S. 6873--B                          3

  (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

S. 6873--B                          4

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;

S. 6873--B                          5

  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

S. 6873--B                          6

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.

S. 6873--B                          7

  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

S. 6873--B                          8

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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The New York State Senate

senate Bill S6873B

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Archive: Last Bill Status - Signed by Governor

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Jun 24, 2010 - floor Vote

Floor Vote: Jun 24, 2010

Jun 22, 2010 - Rules committee Vote

Rules Committee Vote: Jun 22, 2010

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S6873 - Details

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senate Bill S6873B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 24, 2010 - floor Vote

Floor Vote: Jun 24, 2010

Jun 22, 2010 - Rules committee Vote

Rules Committee Vote: Jun 22, 2010

Bill Amendments

Co-Sponsors

S6873 - Details

S6873 - Summary

S6873 - Sponsor Memo

S6873 - Bill Text download pdf

Co-Sponsors

S6873A - Details

S6873A - Summary

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S6873B (ACTIVE) - Details

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S6873B (ACTIVE) - Sponsor Memo

S6873B (ACTIVE) - Bill Text download pdf

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