Assembly Bill A11308

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11308
 
                           I N  A S S E M B L Y
 
                               May 11, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
   -- read once and referred to the Committee on Housing
 
 AN ACT to amend the multiple dwelling law and the administrative code of
   the city of New York, in relation to certain alterations  to  multiple
   dwellings;  and  repealing certain provisions of the multiple dwelling
   law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 28, subdivision 5 of section 34, subdivisions 1, 2,
 3  and  5 of section 177, subdivision 5 of section 216, and subdivisions
 2, 3, 4, 5, 6, 7 and 8 of section 300 of the multiple dwelling  law  are
 REPEALED.
   §  2.  Subdivision  11  of  section 3 of the multiple dwelling law, as
 amended by chapter 806 of the laws  of  1972,  is  amended  to  read  as
 follows:
   11. Notwithstanding any other provision of this section, the following
 enumerated articles, sections and subdivisions of sections of this chap-
 ter shall not apply to the construction or alteration of multiple dwell-
 ings  for  which  an  application for a permit is made to the department
 after December sixth, nineteen hundred sixty-nine in  a  city  having  a
 population  of  one  million  or more [which adopts or has adopted local
 laws, ordinances, resolutions or regulations providing  protection  from
 fire   hazards  and  making  provision  for  escape  from  fire  in  the
 construction and alteration of multiple dwellings and in other  respects
 as  protective  as  local law seventy-six of the laws of the city of New
 York for nineteen hundred sixty-eight  and  covering  the  same  subject
 matter as the following]: subdivisions twenty-five, twenty-seven, [twen-
 ty-eight,  thirty-five-c,]  thirty-six  and thirty-nine of section four,
 subdivision three of section twenty-eight, sections thirty-six,  thirty-
 seven,  fifty,  fifty-one,  fifty-two,  fifty-three,  fifty-five, sixty,
 sixty-one, sixty-seven, subdivisions one, two, four and five of  section
 seventy-five,  article  four,  article five, article five-A, AND article
 six [and article seven-B]; except that after  December  sixth,  nineteen
 hundred  sixty-nine  where a multiple dwelling erected prior to December
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15704-02-6
 A. 11308                            2
 
 sixth, nineteen hundred sixty-nine is altered,  or  a  building  erected
 prior  to  December sixth, nineteen hundred sixty-nine is converted to a
 multiple dwelling pursuant to a permit applied  for  to  the  department
 having  jurisdiction,  the foregoing articles, sections and subdivisions
 of sections shall remain applicable where  a  local  law  of  such  city
 authorizes  such  alteration  or conversion to be made, at the option of
 the owner, either in accordance with the requirements  of  the  building
 law  and  regulations  in  effect  in such city prior to December sixth,
 nineteen hundred sixty-eight or the requirements of the building law and
 regulations in effect after such date, and the owner  elects  to  comply
 with  the  requirements  of  the  building law and regulations in effect
 prior to December sixth, nineteen hundred sixty-eight.
   § 3. Paragraph b of subdivision 1 of section 26 of the multiple dwell-
 ing law, as amended by chapter 630 of the laws of 1965,  is  amended  to
 read as follows:
   b.  The  construction,  enlargement,  conversion  or alteration of any
 dwelling undertaken pursuant to plans filed prior to December fifteenth,
 nineteen hundred sixty-one in compliance with the provisions of sections
 twenty-six[,] AND twenty-seven [and twenty-eight] of  this  chapter,  as
 they  existed  prior to the enactment of chapter ten hundred seventy-two
 of the laws of nineteen hundred sixty, effective  July  first,  nineteen
 hundred  sixty-one  may  be commenced, continued or completed as if such
 sections  remained  in  full  force  and  effect.  Notwithstanding   the
 provisions  of  [subdivision four of] section three hundred, the depart-
 ment shall not require any change or modification in the height or  bulk
 or in the area of yards, courts and other open spaces of dwellings to be
 erected or enlarged pursuant to plans filed prior to December fifteenth,
 nineteen hundred sixty-one as a condition for the reissuance of a build-
 ing  permit  or  the  renewal of an approval, except as may otherwise be
 provided by local law, ordinance or zoning ordinance.
   § 4. Subdivision 2 of section 30  of  the  multiple  dwelling  law  is
 amended to read as follows:
   2.  Except  as  in this section and in sections thirty-three, seventy-
 six, one hundred fifteen, one hundred sixty,  one  hundred  seventy-six,
 two  hundred,  two  hundred  thirteen, two hundred fifty and two hundred
 fifty-one OR otherwise expressly provided, every room, including  kitch-
 ens,  water-closet  compartments  and bathrooms, shall have at least one
 window opening directly upon a street or upon a lawful  yard,  court  or
 space above a setback upon the same lot as that occupied by the multiple
 dwelling  in  which such room is situated. Every such window shall be so
 located as to light properly all portions of the room.
   § 5. Paragraph a of subdivision 6 of section 34 of the multiple dwell-
 ing law, as amended by chapter 919 of the laws of 1957,  is  amended  to
 read as follows:
   a.  Such  apartment has at least one half of its height and all of its
 window surfaces above every part of an "adequate adjacent  space."  Such
 "adequate  adjacent  space"  shall be open to the sky, shall be properly
 drained to the satisfaction of the department, and shall be a continuous
 surface area outside the dwelling not less than thirty feet in its least
 dimension and abutting at same level, or directly below, every  part  of
 the exterior walls of such apartment and of every other apartment on the
 same  floor.  Such  "adequate  adjacent  space" shall include only space
 which is located on the same lot or plot as the dwelling or on a  street
 or  public place or space. FOR BUILDINGS NOT MORE THAN SEVENTY-FIVE FEET
 IN HEIGHT AND WHEN AN "ADEQUATE ADJACENT SPACE" OF THIRTY FEET CANNOT BE
 A. 11308                            3
 
 PROVIDED, AN OPEN SPACE AT LEAST TWENTY  FEET  IN  ITS  LEAST  DIMENSION
 SHALL BE PROVIDED ALONG THE ENTIRE WIDTH OF THE BUILDING.
   §  6.  Section  54  of the multiple dwelling law is amended to read as
 follows:
   § 54. Cellar entrance. 1. There shall be  a  direct  entrance  to  the
 cellar,  or  to the lowest story if there be no cellar, from the outside
 of every multiple dwelling  erected  after  April  eighteenth,  nineteen
 hundred  twenty-nine,  except  that  in non-fireproof multiple dwellings
 erected after such date which are three stories or less  in  height  and
 occupied  by  not more than two families on any story, any stair leading
 to such cellar or lowest  story  may  be  located  inside  the  dwelling
 provided  it  is  enclosed  in  fireproof  walls and fireproof doors and
 assemblies with the doors self-closing, at both the level of such cellar
 or lowest story and that of the story above. No  such  outside  entrance
 existing  in any multiple dwelling on April eighteenth, nineteen hundred
 twenty-nine, shall be obstructed.
   2. THE REQUIREMENTS AND STANDARDS PRESCRIBED IN THIS SECTION SHALL  BE
 SUBJECT  TO  VARIATION  IN  SPECIFIC  CASES  BY  THE COMMISSIONER OF THE
 DEPARTMENT OR THE BOARD OF  STANDARDS  AND  APPEALS  OF  SUCH  CITY,  IN
 ACCORDANCE  WITH PARAGRAPH TWO OF SUBDIVISION (B) OF SECTION SIX HUNDRED
 FORTY-FIVE AND SECTION SIX HUNDRED SIXTY-SIX OF THE NEW YORK CITY  CHAR-
 TER.
   § 7. Paragraph b of subdivision 2 of section 76 of the multiple dwell-
 ing law, as added by chapter 969 of the laws of 1960, is amended to read
 as follows:
   b.  Every  apartment  in a class A dwelling, except old-law tenements,
 shall also contain a bath OR SHOWER, which may be in a separate compart-
 ment or together with the water-closet in a  bathroom.  There  shall  be
 access  to  at least one such compartment or bathroom from every bedroom
 without passing through any other bedroom.
   § 8. Section 161 of the multiple dwelling law, as added by chapter 562
 of the laws of 1954, is amended to read as follows:
   § 161. Application of article five-A. The provisions of  this  article
 shall  apply  to  garden-type maisonette dwelling projects erected under
 plans filed with the department on or after April  eighteenth,  nineteen
 hundred  fifty-four. They shall apply to all such dwellings unless their
 application is expressly limited to dwellings  of  a  particular  class.
 They  shall  apply  in  addition  to,  and  not in substitution for, the
 provisions of article three. Such dwellings need  not  comply  with  the
 provisions  of  sections [twenty-eight,] thirty-five, thirty-six, fifty,
 fifty-four, and sixty-five, or with articles four, five, six or seven of
 this chapter, but such dwellings shall comply with all of the provisions
 of the building code applicable to residential buildings  of  this  type
 and kind. A garden-type maisonette dwelling project, which is erected in
 accordance  with the applicable provisions of this chapter for fireproof
 or non-fireproof dwellings other than the  provisions  of  this  article
 five-A,  shall  not  be  required  to comply with the provisions of this
 article.
   § 9. Section 174 of the multiple dwelling law is amended  to  read  as
 follows:
   §  174.  Size  of  rooms. Every living room shall contain five hundred
 fifty cubic feet or more of air, shall be at least six feet wide at  its
 narrowest  part  and  shall  have a minimum height of seven feet if such
 room is in the basement, of seven feet at all points more than six  feet
 from the front of such room if it is on the top story, and of eight feet
 if  on  any other story, except that whenever a basement conforms to the
 A. 11308                            4
 
 provisions of [subdivision four of] section  one  hundred  seventy-seven
 the  living rooms in such basement may have a minimum height of six feet
 eight inches from the finished floor to the bottom of any beams project-
 ing  below  the level of the finished basement ceiling and of seven feet
 to the ceiling between such beams.
   § 10. Subdivision 4 of section 177 of the multiple dwelling law, para-
 graph (g) as added by chapter 309 of the laws of  1965,  is  amended  to
 read as follows:
   [4.]  The  basement  of  a  converted  dwelling may be used for living
 purposes without meeting the requirements of subdivisions one and two of
 section one hundred seventy-three  if  such  dwelling  meets  the  other
 applicable  requirements  of such section and of this chapter, including
 the following:
   [a.] 1. Such a dwelling shall not exceed three stories, including  the
 basement, in height.
   [b.] 2. It shall be occupied by not more than one family on any story,
 including the basement. For the purposes of this [subdivision] SECTION a
 family shall not be deemed to include any boarders, lodgers or roomers.
   [c.]  3.  It  shall  have at least one court two feet or more in width
 extending across the entire depth of the lot  from  the  street  to  the
 yard.
   [d.] 4. The department shall deem the basement to be adequately light-
 ed and ventilated, free of any dampness, sanitary and habitable.
   [e.]  5. There shall be a separate water-closet compartment within the
 basement apartment conforming to the provisions of section two hundred.
   [f.] 6. Such dwelling shall not be required to comply with section one
 hundred eighty-seven if a scuttle is provided conforming to section  one
 hundred eighty-eight.
   [(g)] 7. This subdivision is applicable only to buildings noted, clas-
 sified  or  recorded as such converted dwellings in the department prior
 to January first, nineteen hundred sixty-six.
   § 11. Paragraphs a and h of subdivision 1 of section 187 of the multi-
 ple dwelling law are amended to read as follows:
   a. If a dwelling is two stories or less in height, or if it  is  three
 stories including a basement in height and conforms to the conditions of
 [subdivision  four of] section one hundred seventy-seven, a single means
 of egress from each story to the street shall be sufficient.
   h. Where a required means of egress leads to a yard less  than  thirty
 feet in depth, except as provided in [paragraph f of] subdivision [four]
 SIX  of  section  one  hundred seventy-seven, there shall be access from
 such yard to the street through a court or fireproof passage, or to  the
 yard  or court of adjoining premises by a gate or door through an inter-
 vening fence, or, if the department deems such gate or door  impractica-
 ble  and so certifies, by a ladder to the top of an intervening fence or
 wall or by such other means as the department may require.
   § 12. Paragraph a of subdivision 10 of section  248  of  the  multiple
 dwelling  law, as amended by chapter 839 of the laws of 1965, is amended
 to read as follows:
   a. There shall be a [central] PERMANENT  heating  system  adequate  to
 heat  every  sleeping room in a dwelling to the temperature requirements
 prescribed by subdivision one of section seventy-nine of this chapter.
   § 13. Paragraph (b) of subdivision 1 of section 277  of  the  multiple
 dwelling law, as added by chapter 734 of the laws of 1985, is amended to
 read as follows:
   (b)  Window  openings in exterior walls shall conform with the limita-
 tions [of table 3-4 chapter twenty-six of the administrative code of the
 A. 11308                            5

 city of] DESCRIBED IN THE New York CITY CONSTRUCTION CODES, unless  such
 windows  are  fire  protected  and provided with either a minimum of one
 sprinkler head per window or window automatic closing devices,  accepta-
 ble to the department of buildings.
   §  14.  Paragraphs  (b) and (c) of subdivision 2 of section 277 of the
 multiple dwelling law, as added by chapter 734 of the laws of 1985,  are
 amended to read as follows:
   (b)  if  non-fireproof,  does  not exceed a height of six stories, and
 eighty-five feet measured to the ceiling of the highest floor in a depth
 of one hundred feet; or does not exceed a height of seven  stories,  and
 eighty-five  feet and a depth of one hundred feet and is wet sprinklered
 throughout; and has a maximum floor area  between  the  two  hour  rated
 [partitions]  WALL  ASSEMBLIES  constructed  in accordance with [section
 C26-504.2 of the administrative code of the city of] THE New  York  CITY
 CONSTRUCTION CODES of:
   (i) three thousand square feet; or
   (ii)  five thousand square feet if the building is six stories or less
 in height and is fully wet sprinklered; or
   (iii) five thousand square feet if the building is  seven  stories  in
 height and is fully wet sprinklered and has a stand pipe system; or
   (iv) ten thousand square feet if the building is fully wet sprinklered
 and has one hour rated ceilings.
   (c)  complies with the APPLICABLE CONSTRUCTION CLASSIFICATION require-
 ments AND EXTERIOR WALL OPENING LIMITATIONS of [table 3-4 chapter  twen-
 ty-six  of the administrative code of the city of] THE New York [for J-2
 occupancy] CITY CONSTRUCTION CODES.
   § 15. Paragraph (b) of subdivision 6 of section 277  of  the  multiple
 dwelling law, as added by chapter 734 of the laws of 1985, is amended to
 read as follows:
   (b)  complies  with  the  standards  of lighting, ventilation, size of
 rooms, alcoves and balconies contained in  [section  C26-1205.0  through
 and  including  sections C26-1205.5 and C26-1205.7 of the administrative
 code of the city of] THE New York CITY  CONSTRUCTION  CODES,  except  as
 otherwise  provided  in  paragraph  (d)  of  subdivision  seven  of this
 section.
   § 16. Subdivision 7 of section 277 of the multiple  dwelling  law,  as
 added  by  chapter  734 of the laws of 1985, paragraph (e) as amended by
 chapter 559 of the laws of 1995, is amended to read as follows:
   7. Minimum light and air standards for joint living-work quarters  for
 artists  or  general  residential portions of lofts or manufacturing and
 commercial buildings altered to residential use shall  comply  with  the
 following:
   (a) Portions of such buildings which are occupied exclusively as joint
 living-work  quarters for artists as permitted by local law shall comply
 with the following:
   (i) The minimum size of a joint living-work quarters for artists shall
 be twelve hundred square feet of interior  space,  except  as  otherwise
 authorized  by  the zoning resolution of the city of New York, for units
 occupied for residential purposes on or before January  first,  nineteen
 hundred eighty-five.
   (ii) Joint living-work quarters for artists shall conform to the stan-
 dards  for  light  and  ventilation  of [sections C26-1205.0 through and
 including section C26-1205.7 of the administrative code of the city  of]
 THE New York CITY CONSTRUCTION CODES.
   (b) Portions of such buildings which are occupied exclusively as resi-
 dential units as permitted by local law shall comply with the following:
 A. 11308                            6
 
   (i) Every dwelling unit shall have one or more windows:
   A.  which open onto a street, a court with a dimension of fifteen feet
 perpendicular to the windows and one hundred square  feet  minimum  area
 above a setback or a [thirty] TWENTY foot rear yard; or
   B.  for corner lots or lots within one hundred feet of a corner, where
 the minimum horizontal distance between such windows opening onto a rear
 yard and the rear lot line is at least twenty feet; or
   C. for interior lots, where the minimum  horizontal  distance  between
 such windows opening onto a rear yard and any wall opposite such windows
 on  the  same or another zoning lot is at least twenty feet and not less
 than a distance equal to one-third of the  total  height  of  such  wall
 above  the  sill height of such windows; but need not exceed forty feet;
 or
   D. for interior lots where the  minimum  horizontal  distance  between
 such windows opening onto a rear yard and any wall opposite such windows
 on the same or another zoning lot is at least fifteen feet and the mini-
 mum size of such dwelling unit is twelve hundred square feet; [or] AND
   E.  in  no  event shall the distance between such windows and the rear
 lot line be less than five feet; and
   F. yards and courts may be existing or may be new in  buildings  seven
 stories or less in height.
   (ii)  The minimum required ratio of window area opening onto a street,
 rear yard, or court to the floor area of every living room shall:
   A. be ten percent where the floor area of such  living  room  is  less
 than five hundred square feet; or
   B.  decrease, by one percent for every one hundred square feet greater
 than five hundred square feet of floor area of such living  room,  to  a
 minimum of five percent; and
   C.  in  no  event  shall the distance between such window area and the
 rear lot line be less than five feet; and
   D. at least fifty percent of the required window area shall be  opena-
 ble.
   (c)  Ventilation of spaces other than living rooms, including enclosed
 work spaces for joint living-work quarters for artists shall  be  either
 in accordance with this section or in accordance with the administrative
 code of the city of New York.
   (d)  No building converted pursuant to this article shall be enlarged,
 except where the underlying zoning  district  permits  residential  use.
 Such  an  enlargement  shall be in conformance with the bulk regulations
 for conforming residential use for new  construction  and  shall  be  in
 conformance  with  the provisions of section twenty-six of this chapter.
 No interior floor area enlargement shall  be  permitted  except  that  a
 mezzanine  with a minimum headroom of seven feet shall be allowed within
 individual dwelling units, provided that the gross floor  area  of  such
 mezzanine  does  not exceed one-third of the floor area contained within
 such dwelling unit. No mezzanine shall be included as floor area for the
 purpose of calculating the minimum required size of a living room  or  a
 dwelling  unit  or  for calculating floor area devoted to dwellings. For
 the purpose of this article a mezzanine may  be  constructed  above  the
 level  of  the  roof of a building as long as the aggregate area of roof
 structures does not exceed one-third of the total roof area and the roof
 structures conform with applicable building code requirements.
   (e) The kitchen located within dwelling units and having a floor  area
 of  eighty  square  feet  or  more  shall  have  natural  ventilation as
 prescribed in [sections 27-749 and 27-750 of chapter twenty-seven of the
 administrative code of the city  of]  THE  New  York  CITY  CONSTRUCTION
 A. 11308                            7
 
 CODES.  Open  kitchens shall be considered as part of the adjacent space
 where forty percent of the area of the separation between the spaces  is
 open  and without doors. If the floor area of the combined space exceeds
 seven  hundred  fifty  square  feet,  a  separate  bedroom  shall not be
 required. When the floor area is less than eighty square feet the kitch-
 enette shall be ventilated by either of the following:
   (i) Natural means complying with [sections 27-749 and 27-750 of  chap-
 ter twenty-seven of the administrative code of the city of] THE New York
 CITY  CONSTRUCTION CODES and further that the windows shall have a mini-
 mum width of twelve inches, a minimum area of three square feet, or  ten
 percent  of  the floor area of the space, whichever is greater and be so
 constructed that at least one-half of their required area may be opened.
 When the space is located at the top story, the window or windows may be
 replaced with a skylight whose minimum width  shall  be  twelve  inches,
 whose  minimum area shall be four square feet or one-eighth of the floor
 area of the space, whichever is greater and which shall have ventilation
 openings of at least one-half of the required area of the skylight.
   (ii) Mechanical means exhausting at least two cubic feet per minute of
 air per square foot of floor area. Where doors are to be used  to  sepa-
 rate  the space, the lower portion of each door shall have a metal grill
 containing at least forty-eight square inches of clean  openings  or  in
 lieu of such grill, two clear opening spaces may be provided, each of at
 least twenty-four square inches, one between the bottom of each door and
 the floor and the other between the top of each door and the head jamb.
   (f)  When  bathrooms and toilet rooms are ventilated by natural means,
 the natural ventilation sources shall comply with [sub-article 1205.0 of
 chapter twenty-six of the administrative code of the city  of]  THE  New
 York CITY CONSTRUCTION CODES and shall have an unobstructed free area of
 at  least  five percent of the floor area. In no case shall the net free
 area of the ventilation sources be less than  one  and  one-half  square
 feet.  When  bathrooms  and toilet rooms are vented by mechanical means,
 individual vent shafts or ducts constructed of non-combustible materials
 with a minimum cross section area of one square foot shall be  utilized,
 the  exhaust  system shall be capable of exhausting at least fifty cubic
 feet per minute of air. Means shall be provided for  egress  of  air  by
 louvers in doors, by undercutting the door, or by transfer ducts, grills
 or other openings. Toilet exhaust systems shall be arranged to expel air
 directly to the outdoors.
   (g)  A  single  station  smoke detector shall be installed immediately
 outside each sleeping or bedroom area of each dwelling unit. Such device
 shall be designed and installed so as to detect smoke  and  activate  an
 alarm,  be  reasonably  free from false alarms and provide visible indi-
 cation that the alarm  is  energized.  Such  device  shall  be  directly
 connected  to  the lighting circuit of the dwelling or rooming unit with
 no intervening wall switch and shall provide a  warning  signal  clearly
 audible  in  all  sleeping  quarters with intervening doors closed. Cord
 connected installations or smoke detectors  which  rely  exclusively  on
 batteries are not permissible.  Such devices shall either be approved or
 listed by an acceptable testing service or laboratory.
   § 17. Subdivision 1 of section 300 of the multiple dwelling law, para-
 graph  a  as  amended  by chapter 411 of the laws of 1949, is amended to
 read as follows:
   [1.] It shall be unlawful to commence the construction  or  alteration
 of  a multiple dwelling or any part or section thereof, or of any build-
 ing or structure on the same lot with such a dwelling, or the alteration
 or conversion of a building for use  as  a  multiple  dwelling,  or  the
 A. 11308                            8
 
 moving  of  a  dwelling from one lot to another, until the issuance of a
 permit [by the department upon compliance  with  all  of  the  following
 requirements:
   a. The owner, or a registered architect or licensed professional engi-
 neer  designated  by the owner as his agent, shall file with the depart-
 ment, upon a form furnished by it, a detailed statement of the  specifi-
 cations  for  the construction, alteration, conversion or moving of such
 dwelling or structure and for its use and occupancy,  together  with  as
 many complete copies of the plans of such work as may be required by the
 department.
   b.  Such  statement  shall  give the name and residence, by street and
 number,  of  the  owner  of  such  dwelling  or   structure.   If   such
 construction, alteration, conversion or moving is proposed to be done by
 any other person than the owner of the land in fee, such statement shall
 also  contain  the  name  and  residence, by street and number, of every
 person interested in such land and dwelling, either as owner, as  lessee
 or in any representative capacity.
   c.  Such  statement  shall  be  verified by an affidavit of the person
 making it. Said affidavit shall  allege  that  said  specifications  and
 plans  are  true  and  contain a correct description of such dwelling or
 structure, of the class and kind thereof, of its occupancy  of  the  lot
 and  of  the proposed work. No architect or engineer shall be recognized
 as the agent of the owner unless he shall file  with  the  department  a
 written  instrument, signed by the owner, designating him as such agent.
 Any false allegation in respect to a  material  point  shall  be  deemed
 perjury.
   d.  Such  specifications,  plans  and statements shall be filed in the
 department, which shall cause them to be examined.  If  such  plans  and
 specifications  conform to the provisions of this chapter, to the build-
 ing code and regulations, and to all other applicable law, they shall be
 approved by the department, and a written  certificate  to  that  effect
 shall  be  issued to the person entitled thereto] IN ACCORDANCE WITH THE
 NEW YORK CITY CONSTRUCTION CODES.
   § 18. Section 301 of the multiple dwelling law, paragraph b of  subdi-
 vision 1 as amended by chapter 893 of the laws of 1968, subdivision 4 as
 amended  by  chapter  131 of the laws of 1979, subdivision 6 as added by
 chapter 406 of the laws of 1992 and subdivision 7 as  added  by  chapter
 214 of the laws of 2022, is amended to read as follows:
   § 301. Certificate of compliance or occupancy. 1. No multiple dwelling
 shall  be  occupied  in whole or in part until the issuance of a certif-
 icate by the department that said dwelling conforms in all  respects  to
 the  requirements of this chapter, to the building code and rules and to
 all other applicable law[, except that  no  such  certificate  shall  be
 required in the case of:
   a.  Any  class B multiple dwelling existing on April eighteenth, nine-
 teen hundred twenty-nine, for which a certificate of occupancy  was  not
 required  before  such  date and in which no changes or alterations have
 been made except in compliance with this chapter, and
   b. Any old-law tenement, or any  class  A  multiple  dwelling  erected
 after  April  twelfth,  nineteen hundred one, which was occupied for two
 years immediately before January first, nineteen hundred  nine,  and  in
 which no changes or alterations have been made except in compliance with
 the tenement house law or this chapter, or wherein:
   (1)  two  or  more apartments are combined creating larger residential
 units, and
 A. 11308                            9

   (2) the total legal number of families within the  building  is  being
 decreased, and
   (3) the bulk of the buildings is not being increased
   These  exceptions  shall  not  be deemed to relieve any owner from the
 obligation to make every alteration required in any old-law tenement  or
 other  multiple dwelling in compliance with the applicable provisions of
 this chapter.
   2. Except as above provided, no dwelling constructed as or altered  or
 converted  into  a  multiple  dwelling  after April eighteenth, nineteen
 hundred twenty-nine, shall be occupied in whole or  in  part  until  the
 issuance of a certificate of compliance or occupancy.
   3.  Such  certificate  shall  be  issued within ten days after written
 application therefor if the dwelling  shall  be  entitled  thereto.  The
 department  shall,  on  request  of the owner or of his certified agent,
 issue a certificate of compliance or occupancy for any existing multiple
 dwelling  not  requiring  such  certificate,  provided  that,  after  an
 inspection  by  the  department,  no  violations  are found against such
 dwelling].
   [4.] 2. The head of the department may, on the request of the owner or
 [his] SUCH OWNER'S certified agent, issue  a  temporary  certificate  of
 compliance  or  occupancy for a multiple dwelling or a section or a part
 thereof for a period of ninety days or less, provided that such  certif-
 icate shall bear the endorsement that the dwelling has been inspected by
 the  department  and complies with all the requirements of this chapter,
 and that such temporary occupancy will not jeopardize  life,  health  or
 property. Such temporary certificate may be renewed at the discretion of
 the  head  of  the department [for similar periods but shall not extend,
 together with such renewals, beyond a total period of two years from the
 date of its original issuance] ISSUED IN ACCORDANCE WITH  THE  STANDARDS
 PRESCRIBED  BY  THE NEW YORK CITY CHARTER AND ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK.
   [5.] 3. A certificate, a record in  the  department,  or  a  statement
 signed by the head of the department that a certificate has been issued,
 may  be relied upon by every person who in good faith purchases a multi-
 ple dwelling or who in good faith lends money upon  the  security  of  a
 mortgage  covering  such  a  dwelling. Whenever any person has so relied
 upon such a certificate, no claim that such dwelling had not,  prior  to
 the  issuance  of  such  certificate,  conformed  in all respects to the
 provisions of this chapter shall be made against such person or  against
 the  interest  of  such  person  in  a multiple dwelling to which such a
 certificate applies or  concerning  which  such  a  statement  has  been
 issued.
   [6.  Notwithstanding  any  general  or  local  law  to the contrary, a
 certificate issued for any multiple dwelling organized pursuant  to  the
 provisions  of  article nine-B of the real property law, shall be deemed
 issued for each dwelling unit contained within such multiple dwelling in
 full compliance with the requirements of this section.
   7.] 4. a. Any certificate by the department authorizing occupancy of a
 dwelling as a Class B hotel shall also authorize occupancy of  units  in
 such  dwelling  for  permanent  residence  purposes  notwithstanding any
 provision of this chapter or of any state  law,  local  law,  ordinance,
 resolution  or  regulation that would otherwise prohibit such occupancy,
 require a change or alteration to the dwelling,  or  require  a  new  or
 amended  certificate,  provided  that:  (1) such occupancy for permanent
 residence purposes shall be subject to the approval of the local housing
 agency in its discretion; (2)  a  portion  of  such  dwelling  shall  be
 A. 11308                           10
 
 located  within  a  district  that under the local zoning regulations or
 ordinances permits residential uses or within four hundred feet of  such
 a  district,  and  such  dwelling  shall not be located in an industrial
 business  zone established pursuant to chapter six-D of title twenty-two
 of the administrative code of the city of New York; (3) in the case of a
 property at which any hotel workers  are  represented  by  a  collective
 bargaining  representative,  prior  to  the  proposed conversion of such
 property to occupancy for permanent residence purposes,  the  collective
 bargaining  representative  shall be notified in writing of the proposed
 conversion, and the property owner shall  certify  prior  to  the  local
 housing  agency  approving such occupancy that the collective bargaining
 representative has mutually agreed in a separate writing with the  prop-
 erty owner to undertake the specific conversion described in the written
 notice;  and  (4) such dwelling shall meet the conditions in paragraph b
 of this subdivision. Alterations to the configuration of any such  units
 shall  be permitted and shall comply with any applicable requirements of
 any state law, local law, ordinance, resolution or  regulation  relating
 to  Class  B  hotels.  If  occupancy for permanent residence purposes is
 authorized under the provisions of this subdivision  within  a  district
 where  the  local  zoning  regulations or ordinances would not otherwise
 permit such use, the  residential  tenants  shall  be  notified  of  the
 district's zoning.
   b.  Occupancy of units in a dwelling shall not be authorized under the
 provisions of paragraph a of this subdivision unless such units are  (1)
 financed  by the state pursuant to and in compliance with the provisions
 of article thirty-one  of  the  private  housing  finance  law;  or  (2)
 purchased,  acquired,  or  financed  by  a local housing agency, for the
 purpose of creating supportive and/or affordable housing to be  operated
 by an appropriate nonprofit organization pursuant to a regulatory agree-
 ment  or  contract  with  such local agency for low-income households or
 people experiencing homelessness  immediately  prior  to  entering  such
 housing, where tenants shall earn no more than sixty percent of the area
 median income and all units are rent stabilized and subject to permanent
 affordability restrictions. For purposes of this paragraph, "appropriate
 nonprofit  organization",  "affordable housing", "experiencing homeless-
 ness", "rent stabilized",  and  "permanent  affordability  restrictions"
 shall  have  the  same  meaning  as defined in article thirty-one of the
 private housing finance law.
   § 19. Section 170 of the multiple dwelling law, as amended by  chapter
 959 of the laws of 1966, is amended to read as follows:
   §  170.  Application  of article six and other provisions to converted
 dwellings. The provisions of  this  article  shall  apply  to  converted
 dwellings  and to such dwellings only. They shall apply to all converted
 dwellings unless their application is expressly limited to dwellings  of
 a particular class. The following enumerated articles and sections shall
 also apply to all converted dwellings unless so limited:
 Article 1.      Introductory provisions; definitions.
         2.      Miscellaneous application provisions.
         7-a.    Temporary provisions.
         8.      Requirements and remedies.
         9.      Registry of names and service of papers.
         10.     Prostitution.
         11.     Laws   repealed;   saving  clause;  legislative  intent;
                   effect.
         § [28.  Two or more buildings on same lot]
         29.     Painting of courts and shafts
 A. 11308                           11
 
         31.     Size of rooms--subdivision six
         35.     Entrance doors and lights
         37.     Artificial hall lighting
         52.     Stairs
         55.     Wainscoting
         56.     Frame buildings and extensions
         57.     Bells; mail receptacles
         58.     Incombustible materials
         59.     Bakeries and fat boiling
         [§] 60. Motor vehicle storage
         61.     Business uses
         62.     Parapets, guard railings and wires--subdivision two
         75.     Water supply
         76.     Water-closet and bath accommodations
         77.     Plumbing and drainage
         78.     Repairs
         79.     Heating
         80.     Cleanliness
         81.     Receptacles for waste matter
         83.     Janitor or housekeeper
   §  20. Section 210 of the multiple dwelling law, as amended by chapter
 959 of the laws of 1966, is amended to read as follows:
   § 210. Application of article seven and other provisions to tenements.
 Except as provided in section two hundred forty-eight, the provisions of
 this article shall apply only to tenements, as  defined  in  subdivision
 eleven  of section four, occupied as such before April eighteenth, nine-
 teen hundred twenty-nine. Unless in this article otherwise  specifically
 prescribed, none of its provisions shall be deemed to require any struc-
 tural  alteration in any tenement erected after April eleventh, nineteen
 hundred one and lawfully occupied as such on April eighteenth,  nineteen
 hundred  twenty-nine.  Nothing  in this article shall apply to converted
 dwellings. In addition to the provisions of this article, the  following
 enumerated  articles and sections shall, to the extent required therein,
 apply to tenements:
 Article 1.      Introductory provisions; definitions
         2.      Miscellaneous application provisions
         7-a.    Temporary provisions
         8.      Requirements and remedies
         9.      Registry of names and service of papers
         10.     Prostitution
         11.     Laws repealed; saving clause; legislative intent; effect
         § [28.  Two or more buildings on same lot]
         29.     Painting of courts and shafts
         31.     Size of rooms--subdivision six
         33.     Cooking spaces
         34.     Rooms in basements and cellars
         35.     Entrance doors and lights
         37.     Artificial hall lighting
         51.     Shafts, elevators and dumbwaiters
         52.     Stairs
         53.     Fire-escapes
         55.     Wainscoting
         56.     Frame buildings and extensions
         [§] 57. Bells; mail receptacles
         58.     Incombustible materials
         59.     Bakeries and fat boiling
 A. 11308                           12
 
         60.     Motor vehicle storage
         61.     Business uses
         62.     Parapets, guard railings and wires--subdivision two
         75.     Water supply
         76.     Water-closet and bath accommodations
         77.     Plumbing and drainage
         78.     Repairs
         79.     Heating
         80.     Cleanliness
         81.     Receptacles for waste matter
         83.     Janitor or housekeeper
   §  21.  Subdivision  1 of section 278 of the multiple dwelling law, as
 added by chapter 734 of the laws of 1985, is amended to read as follows:
   1. The provisions of this article apply to buildings with residential,
 mixed or joint living-work quarters  or  artists'  occupancy  as  herein
 provided  and  to  such buildings only. In addition to the provisions of
 this article, the following enumerated articles  and  sections  of  this
 chapter shall, to the extent required therein, apply to such buildings:
 Article    1.   Introductory provisions: definitions
            2.   Miscellaneous application provisions except sub-
                 division two of section nine
            8.   Requirements and remedies
            9.   Registry of names and service of papers
            10.  Prostitution
            11.  Laws repealed; saving clause; effect
 Section    [28. Two or more buildings on same lot]
            29.  Painting of courts and shafts
            31.  Size of rooms, subdivision six only
            37.  Artificial hall lighting
            53.  Fire-escapes
            55.  Wainscoting, subdivision two only
            56.  Frame buildings and extensions
            57.  Bells; mail receptacles
            58.  Incombustible materials
            59.  Bakeries and fat boiling
            60.  Motor vehicle storage
            61.  Business uses (except paragraph c of subdivision
                 one and subdivision three)
            62.  Parapets, guard railings and wires
   §  22.  Subdivision c of section 27-2084 of the administrative code of
 the city of New York is amended to read as follows:
   c. The basement  of  a  dwelling  converted  in  accordance  with  the
 provisions of [subdivision four of] section one hundred seventy-seven of
 the  multiple dwelling law may be occupied only if the dwelling is clas-
 sified and recorded in the department as such a converted dwelling prior
 to January first, nineteen hundred sixty-six.
   § 23. This act shall take effect immediately and shall  apply  to  all
 buildings in existence on or constructed after such date.