S T A T E O F N E W Y O R K
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5637
2013-2014 Regular Sessions
I N S E N A T E
May 30, 2013
___________
Introduced by Sen. SAVINO -- 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, in relation to the definition
of a "class A multiple dwelling"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph and subparagraph 1 of paragraph a of
subdivision 8 of section 4 of the multiple dwelling law, as amended by
chapter 225 of the laws of 2010, are amended to read as follows:
A "class [A"] A multiple [dwelling] DWELLING" is a multiple dwelling
that is occupied 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. 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 CLASS A dwelling unit by the
same natural person or family for thirty consecutive days or more and a
person or family so occupying a dwelling unit shall be referred to here-
in as the permanent occupants of such dwelling unit. The following uses
of a dwelling unit by the permanent occupants thereof shall not be
deemed to be inconsistent with the occupancy of such dwelling unit for
permanent residence purposes:
(1) (A) occupancy of such dwelling unit for fewer than thirty consec-
utive days by other natural persons living within the household of the
permanent occupant such as house guests or lawful boarders, roomers or
lodgers; [or]
(B) incidental and occasional occupancy of such dwelling unit for
fewer than thirty consecutive days by other natural persons when the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11034-01-3
S. 5637 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[.] ; OR
(C) 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, PROVIDED THAT THE OCCUPANCY
IS IN EITHER THE PRIMARY OR SECONDARY RESIDENCE OF THE PERMANENT OCCU-
PANT.
S 2. This act shall take effect immediately.