LBD15756-01-6
S. 10200 2
(a) The windows in every room, except a water-closet compartment,
bathroom, or cooking space less than eighty square feet in floor surface
area, shall have a total area at least one-tenth of the floor surface
area of such room [and every window in such a room, including a
mullioned casement window, shall be at least twelve square feet in area]
EXCEPT THAT:
(1) WHERE AN EXISTING WINDOW IN ANY SUCH ROOM IS REPLACED WITH A
WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK
CITY ENERGY CONSERVATION CODE, SUCH WINDOW AREA MAY BE REDUCED BY NOT
MORE THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY
THIS PARAGRAPH.
(2) WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, SUCH
WINDOW AREA MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW
THE MINIMUM OTHERWISE REQUIRED BY THIS PARAGRAPH.
(3) WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY
IN ACCORDANCE WITH SUBPARAGRAPH ONE OF THIS PARAGRAPH AND HVAC EQUIPMENT
IS INSTALLED IN SUCH WINDOW ASSEMBLY, SUCH WINDOW AREA MAY BE REDUCED BY
NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED
BY THIS PARAGRAPH.
§ 4. Subdivision 4 of section 31 of the multiple dwelling law is
amended to read as follows:
4. Dining bays with a floor area of fifty-five square feet or less
shall not be considered as rooms or alcoves and shall not be required to
comply with the provisions of section thirty-two. Every such dining bay
shall be equipped with such appropriate permanent fittings as may be
required by the department and shall be provided with at least one
window opening directly upon a street or upon a lawful yard, court or
space above a setback. Such window shall have an area of at least one-
eighth of the floor area of such dining bay EXCEPT THAT:
A. WHERE AN EXISTING WINDOW IN ANY SUCH DINING BAY IS REPLACED WITH A
WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK
CITY ENERGY CONSERVATION CODE, SUCH WINDOW AREA MAY BE REDUCED BY NOT
MORE THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY
THIS SUBDIVISION.
B. WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, SUCH
WINDOW AREA MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW
THE MINIMUM OTHERWISE REQUIRED BY THIS SUBDIVISION.
C. WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY IN
ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION AND HVAC EQUIPMENT IS
INSTALLED IN SUCH WINDOW ASSEMBLY, SUCH WINDOW AREA MAY BE REDUCED BY
NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED
BY THIS SUBDIVISION.
§ 5. Paragraph c of subdivision 3 of section 33 of the multiple dwell-
ing law, as amended by chapter 366 of the laws of 1957, is amended to
read as follows:
c. Every kitchenette constructed after July first, nineteen hundred
forty-nine, shall be provided with a window opening upon a street or
upon a yard, court, shaft, or upon any space above a setback.
(1) Such window shall be at least one foot wide, have a total area of
at least three square feet and be at least ten per centum of the super-
ficial floor area of such kitchenette EXCEPT THAT:
A. WHERE AN EXISTING WINDOW IN ANY SUCH KITCHENETTE IS REPLACED WITH
AN ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK CITY
ENERGY CONSERVATION CODE, SUCH WINDOW AREA MAY BE REDUCED BY NOT MORE
THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS
SUBPARAGRAPH.
S. 10200 3
B. WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, SUCH
WINDOW AREA MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW
THE MINIMUM OTHERWISE REQUIRED BY THIS SUBPARAGRAPH.
C. WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY IN
ACCORDANCE WITH CLAUSE A OF THIS SUBPARAGRAPH AND HVAC EQUIPMENT IS
INSTALLED IN SUCH WINDOW ASSEMBLY, THEN SUCH WINDOW AREA MAY BE REDUCED
BY NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHERWISE
REQUIRED BY THIS SUBPARAGRAPH.
(2) In lieu of such window, such kitchenette may be provided with
mechanical ventilation to provide at least six changes per hour of the
air volume of such kitchenette or, when such kitchenette is on the top
story, may have a skylight at least one foot wide with a total area of
at least four square feet or one-eighth of the area of the kitchenette,
whichever is greater, and shall have ventilating openings of at least
one-half of the area of the skylight.
§ 6. The opening paragraph and paragraph d of subdivision 1 of section
34 of the multiple dwelling law, the opening paragraph as amended by
chapter 874 of the laws of 1956, are amended to read as follows:
In any multiple dwelling erected after April eighteenth, nineteen
hundred twenty-nine, every room in a cellar or basement shall have a
permit as provided in [subdivision five of] section three hundred and,
except as provided in subdivision six of this section, shall comply with
the following conditions:
d. Every such room shall have a window or windows complying with the
requirements of section thirty.
(1) The aggregate area of windows in each such room, except as
provided in paragraph f, shall be at least one-eighth of the horizontal
area of the room EXCEPT THAT:
A. WHERE AN EXISTING WINDOW IN ANY SUCH ROOM IS REPLACED WITH A WINDOW
ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK CITY
ENERGY CONSERVATION CODE, SUCH WINDOW AREA MAY BE REDUCED BY NOT MORE
THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS
PARAGRAPH.
B. WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, SUCH
WINDOW AREA MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW
THE MINIMUM OTHERWISE REQUIRED BY THIS PARAGRAPH.
C. WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY IN
ACCORDANCE WITH CLAUSE A OF THIS SUBPARAGRAPH AND HVAC EQUIPMENT IS
INSTALLED IN SUCH WINDOW ASSEMBLY, SUCH WINDOW AREA MAY BE REDUCED BY
NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED
BY THIS PARAGRAPH.
(2) Each such window shall be constructed so that the upper half of
its area can be opened, and shall open upon a street, court or yard. The
underside of the top stop-bead of each such window shall be within
twelve inches of the ceiling. [One window in each such room shall have
an area of at least twelve square feet.]
§ 7. Subdivision 1 of section 36 of the multiple dwelling law is
amended to read as follows:
1. In every multiple dwelling erected after April eighteenth, nineteen
hundred twenty-nine, one at least of the required windows provided to
light each public hall or part thereof shall be at least two feet six
inches wide and five feet high EXCEPT THAT WHERE EXISTING WINDOWS ARE
REPLACED WITH WINDOW ASSEMBLIES HAVING A LOWER U-FACTOR THAT COMPLIES
WITH THE NEW YORK CITY ENERGY CONSERVATION CODE, SUCH OPENINGS MAY BE
REDUCED IN AREA BY NOT MORE THAN TWENTY-FIVE PERCENT. Every required
window in such a hall shall open upon a street, court, yard or space
S. 10200 4
above a setback. On the top story of such a dwelling a ventilating
skylight of the same dimensions shall be accepted in lieu of a window
for that story.
§ 8. Paragraph h of subdivision 1 of section 76 of the multiple dwell-
ing law, as amended by chapter 642 of the laws of 1964, is amended to
read as follows:
h. Every water-closet compartment, bathroom and general or public
toilet room, and every other room containing one or more water-closets
or urinals, except as specifically provided otherwise in this section,
shall have at least one window opening upon a street or lawful court,
yard or space above a setback. Every such window shall be at least three
square feet in area and shall be made so that half its area can be read-
ily opened, EXCEPT THAT WHERE AN EXISTING WINDOW IS REPLACED WITH A
WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK
CITY ENERGY CONSERVATION CODE, SUCH WINDOW AREA MAY BE REDUCED TO TWO
AND ONE-QUARTER SQUARE FEET.
§ 9. Paragraph f of subdivision 2 of section 107 of the multiple
dwelling law is amended to read as follows:
f. If a window to the outer air is provided in any such public vesti-
bule or hall, such vestibule or hall shall nevertheless be ventilated as
provided in paragraph e, except that if such a window [has] IS READILY
ACCESSIBLE TO THE OUTER AIR TO THE EXTENT OF AT LEAST FIVE AND ONE-HALF
SQUARE FEET OF ITS AREA, NO VENT FLUES NEED BE PROVIDED WITHIN A
DISTANCE OF FORTY FEET FROM EACH SIDE OF SUCH WINDOW HAVING a glazed
area of at least twelve square feet and at least one tenth of the super-
ficial floor area of the vestibule or hall, [readily accessible to the
outer air to the extent of at least five and one-half square feet of its
area, no vent flues need be provided within a distance of forty feet
from each side of such window] OR, WHERE AN EXISTING WINDOW IS REPLACED
WITH A WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE
NEW YORK CITY ENERGY CONSERVATION CODE, SUCH REPLACED WINDOW MAY BE
REDUCED TO THE GREATER OF A GLAZED AREA OF AT LEAST TEN SQUARE FEET OR
AT LEAST ONE-TWELFTH OF THE FLOOR AREA OF THE VESTIBULE OR HALL.
§ 10. Subdivision 4 of section 148 of the multiple dwelling law, as
amended by chapter 446 of the laws of 1951, is amended to read as
follows:
4. Except in the case of an interior enclosed stair separated from and
directly accessible to the public hall by a self-closing fireproof door
and except as provided in subdivision five, there shall be provided to
light and ventilate every stair at every story a window or windows open-
ing on a street, court, yard or space above a setback. At least one such
window shall be at least two feet six inches wide and five feet high
unless it opens on a street, in which case its minimum height shall be
four feet. The aggregate area of such window or windows at each story
shall be at least eighteen square feet[. On] EXCEPT THAT WHERE AN EXIST-
ING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY HAVING A LOWER U-FACTOR
THAT COMPLIES WITH THE NEW YORK CITY ENERGY CONSERVATION CODE, THE
AGGREGATE AREA OF SUCH WINDOW MAY BE REDUCED BY UP TO TWENTY-FIVE
PERCENT AND ON the top story a ventilating skylight may be substituted
for a window. At the entrance story or at the roof level a sash door,
such as described in section thirty-five, opening to the outer air may
be substituted for such window.
§ 11. Paragraph b of subdivision 2 of section 171 of the multiple
dwelling law is amended to read as follows:
S. 10200 5
b. To reduce the room or window area of any converted dwelling or make
any other alteration therein if such alteration decreases the light,
ventilation, fire protection or sanitation thereof EXCEPT THAT:
(1) WHERE AN EXISTING WINDOW IN ANY SUCH ROOM IS REPLACED WITH A
WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK
CITY ENERGY CONSERVATION CODE, WINDOW AREAS AND LIGHT AND VENTILATION
MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM
OTHERWISE REQUIRED BY THIS CHAPTER.
(2) WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, SUCH
WINDOW AREA, LIGHT, AND VENTILATION MAY BE REDUCED BY NOT MORE THAN
TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS CHAP-
TER.
(3) WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY
IN ACCORDANCE WITH SUBPARAGRAPH ONE OF THIS PARAGRAPH AND HVAC EQUIPMENT
IS INSTALLED IN SUCH WINDOW ASSEMBLY, SUCH WINDOW AREA, LIGHT, AND
VENTILATION MAY BE REDUCED BY NOT MORE THAN THIRTY-THREE PERCENT BELOW
THE MINIMUM OTHERWISE REQUIRED BY THIS CHAPTER.
§ 12. Subdivisions 1, 2 and 3 of section 173 of the multiple dwelling
law, subdivision 2 as amended by chapter 566 of the laws of 1954, are
amended to read as follows:
1. Except as provided in [subdivision four of] section one hundred
seventy-seven every living room shall have one or more windows opening
directly upon a street or upon a yard or court with dimensions conform-
ing to those specified in section one hundred seventy-two, or upon an
inner court or shaft three feet nine inches or more in width and eight
feet or more in length.
2. A. Such windows shall be so located as to light properly all
portions of the room and in each room shall have an aggregate glazed
area of at least one-tenth of the floor area of the room, unless in the
opinion of the department such room is already adequately lighted and
ventilated. The top of at least one window in each living room shall be
seven feet or more above the floor except when such room is in the base-
ment or on the top story, in which case the top of at least one window
shall be six feet or more above the floor. Every such window shall be
twelve square feet or more in area, and shall be so constructed that
one-half or more of its area may be opened. However, such window need
not be twelve square feet in area provided that each room shall have an
aggregate glazed window area of at least one-eighth of the superficial
floor area of the room.
B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SUBDIVISION:
(1) WHERE ANY SUCH EXISTING WINDOW IN ANY SUCH ROOM IS REPLACED WITH A
WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK
CITY ENERGY CONSERVATION CODE, THE WINDOW AND GLAZED AREAS MAY BE
REDUCED NOT MORE THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE
REQUIRED BY THIS PARAGRAPH.
(2) WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, THE
WINDOW AND GLAZED AREAS MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE
PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS PARAGRAPH.
(3) WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY
IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION AND HVAC EQUIPMENT IS
INSTALLED IN SUCH WINDOW ASSEMBLY, SUCH WINDOW AND GLAZED AREAS MAY BE
REDUCED BY NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHER-
WISE REQUIRED BY THIS PARAGRAPH.
3. Whenever a basement conforming to the provisions of [subdivision
four of] section one hundred seventy-seven is permitted to be occupied
for living purposes, every living room, bathroom, water-closet compart-
S. 10200 6
ment, kitchen and cooking space therein shall have one or more windows
opening directly upon a street; or upon a yard which is at every point
at least fifteen feet in depth and, above the window sill level of the
first story above the basement, at least twenty feet; or upon a court at
least two feet in width and extending the entire depth of the lot from
the street to the yard. All such yards and courts shall be measured at
the ground level from the lot line to the building line opposite on the
same lot. THE TOP EDGE OF THE GLAZED AREA OF EVERY WINDOW SHALL BE NINE
INCHES OR MORE BELOW THE FINISHED CEILING AND ONE FOOT OR MORE ABOVE THE
LEVEL OF THE ADJOINING GROUND. EVERY SUCH WINDOW SHALL BE SO CONSTRUCTED
THAT ONE-HALF OR MORE OF ITS AREA MAY BE OPENED, AND SHALL BE SO LOCATED
AS TO LIGHT AND VENTILATE ADEQUATELY ALL PORTIONS OF THE ROOM. The
windows in each such room shall have an aggregate glazed area of at
least one-eighth of the total floor area of the room, and in no event
less than twelve square feet[. The top edge of the glazed area of every
window shall be nine inches or more below the finished ceiling and one
foot or more above the level of the adjoining ground. Every such window
shall be so constructed that one-half or more of its area may be opened,
and shall be so located as to light and ventilate adequately all
portions of the room] EXCEPT THAT:
A. WHERE AN EXISTING WINDOW IN ANY SUCH ROOM IS REPLACED WITH A WINDOW
ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK CITY
ENERGY CONSERVATION CODE, THE WINDOW AND GLAZED AREAS MAY BE REDUCED NOT
MORE THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY
THIS SUBDIVISION.
B. WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, SUCH
WINDOW AND GLAZED AREAS MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE
PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS SUBDIVISION.
C. WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY IN
ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION AND HVAC EQUIPMENT IS
INSTALLED IN SUCH WINDOW ASSEMBLY, SUCH WINDOW AND GLAZED AREAS MAY BE
REDUCED BY NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHER-
WISE REQUIRED BY THIS SUBDIVISION.
§ 13. Subdivision 2 of section 214 of the multiple dwelling law is
amended to read as follows:
2. In any tenement, apartments containing three or more rooms may have
dining bays, which shall not exceed fifty-five square feet in floor
surface area and shall not be deemed separate rooms or subject to the
requirements for separate rooms or alcoves. [Every] NO DINING BAY SHALL
BE PERMITTED IN ANY APARTMENT CONTAINING LESS THAN THREE ROOMS. WHERE
PERMITTED, such dining bay shall be equipped with such appropriate
permanent fittings as may be required by the department and shall also
be provided with at least one window opening directly upon a street or
upon a yard or court which was lawful on April eighteenth, nineteen
hundred twenty-nine. The area of such window shall be one-eighth at
least of the floor surface area of such dining bay[. No dining bay shall
be permitted in any apartment containing less than three rooms.], EXCEPT
THAT:
A. WHERE AN EXISTING WINDOW IN ANY SUCH DINING BAY IS REPLACED WITH A
WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK
CITY ENERGY CONSERVATION CODE, SUCH WINDOW MAY BE REDUCED BY NOT MORE
THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS
SUBDIVISION.
B. WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, THE AREA
OF SUCH WINDOW MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW
THE MINIMUM OTHERWISE REQUIRED BY THIS SUBDIVISION.
S. 10200 7
C. WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY IN
ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION AND HVAC EQUIPMENT IS
INSTALLED IN SUCH WINDOW ASSEMBLY, THE AREA OF SUCH WINDOW MAY BE
REDUCED BY NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHER-
WISE REQUIRED BY THIS SUBDIVISION.
§ 14. The opening paragraph and paragraph f of subdivision 2 of
section 216 of the multiple dwelling law, the opening paragraph as
amended by chapter 874 of the laws of 1956, are amended to read as
follows:
No room in the basement or cellar of any tenement shall be occupied
for living purposes unless there is a written permit therefor as
provided in [subdivision five of] section three hundred and it either is
part of an apartment which complies with the conditions of subdivision
six of section thirty-four or complies with the following conditions:
f. [The area of every] EVERY window in such a room shall be [at] MADE
TO OPEN, AND THE TOP OF EACH WINDOW SHALL BE WITHIN TWELVE INCHES OF THE
CEILING. AT least twelve square feet, and the total area of windows in
every such room shall be at least one-eighth of the total floor area of
the room[. At least half of each window shall be made to open, and the
top of each window shall be within twelve inches of the ceiling], EXCEPT
THAT:
(1) WHERE AN EXISTING WINDOW IN ANY SUCH ROOM IS REPLACED WITH A
WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK
CITY ENERGY CONSERVATION CODE, SUCH WINDOW MAY BE REDUCED BY NOT MORE
THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS
PARAGRAPH.
(2) WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, SUCH
WINDOW AREA MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW
THE MINIMUM OTHERWISE REQUIRED BY THIS PARAGRAPH.
(3) WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY
IN ACCORDANCE WITH SUBPARAGRAPH ONE OF THIS PARAGRAPH AND HVAC EQUIPMENT
IS INSTALLED IN SUCH WINDOW ASSEMBLY, SUCH WINDOW AREA MAY BE REDUCED BY
NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED
BY THIS PARAGRAPH.
§ 15. Paragraph d of subdivision 3 of section 216 of the multiple
dwelling law is amended to read as follows:
d. Such room shall have a window or windows opening directly to the
required unoccupied area of ground outside of and adjoining such room or
to a street or yard. Every such window shall be made so as to open read-
ily and such window or windows shall provide at least twelve square feet
of clear openings for ventilation, EXCEPT THAT WHERE AN EXISTING WINDOW
IS REPLACED WITH A WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES
WITH THE NEW YORK CITY ENERGY CONSERVATION CODE, SUCH WINDOW OPENING MAY
PROVIDE NOT LESS THAN NINE SQUARE FEET OF CLEAR OPENINGS FOR
VENTILATION.
§ 16. Paragraph b of subdivision 4 of section 216 of the multiple
dwelling law is amended to read as follows:
b. Such room shall be everywhere seven feet six inches or more in
height from floor to ceiling and shall have a window or windows opening
directly to a street, or to a yard at least twelve feet in depth, or to
a court at least six feet in its least dimension and twelve feet in its
greatest dimensions; every such windows shall be made so as to open
readily; such window or windows shall provide at least twelve square
feet of clear opening for ventilation, [and the] EXCEPT THAT WHERE AN
EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY HAVING A LOWER U-FAC-
TOR THAT COMPLIES WITH THE NEW YORK CITY ENERGY CONSERVATION CODE, SUCH
S. 10200 8
WINDOW MAY PROVIDE NOT LESS THAN NINE SQUARE FEET OF CLEAR OPENING FOR
VENTILATION. THE apartment containing such room shall have one or more
rooms opening upon a street or yard.
§ 17. Subdivision 5 of section 217 of the multiple dwelling law is
amended to read as follows:
5. In every public hall that is provided with a window or windows in a
tenement erected after April twelfth, nineteen hundred one, at least one
such window shall be at least two feet six inches wide and five feet
high, EXCEPT THAT:
A. WHERE AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY HAVING
A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK CITY ENERGY CONSERVA-
TION CODE, SUCH WINDOW MAY BE REDUCED IN AREA BY NOT MORE THAN TWENTY-
FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS SUBDIVISION.
B. WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, THE GLAZED
AREA MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW THE MINI-
MUM OTHERWISE REQUIRED BY THIS SUBDIVISION.
C. WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY IN
ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION AND HVAC EQUIPMENT IS
INSTALLED IN SUCH WINDOW ASSEMBLY, SUCH GLAZED AREA MAY BE REDUCED BY
NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED
BY THIS SUBDIVISION.
§ 18. Paragraph a of subdivision 11 of section 248 of the multiple
dwelling law is amended to read as follows:
a. No room may be occupied for sleeping purposes unless it has a
window or windows with an aggregate glazed area of at least ten per
centum of the total floor area of such room. Each such window shall be
at least twelve feet in area and so constructed that at least half of
its area may be opened, EXCEPT THAT:
(1) WHERE AN EXISTING WINDOW IN ANY SUCH ROOM IS REPLACED WITH A
WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK
CITY ENERGY CONSERVATION CODE, SUCH WINDOW AND GLAZED AREAS MAY BE
REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE
REQUIRED BY THIS PARAGRAPH.
(2) WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, SUCH
WINDOW AND GLAZED AREAS MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE
PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS PARAGRAPH.
(3) WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY
IN ACCORDANCE WITH SUBPARAGRAPH ONE OF THIS PARAGRAPH AND HVAC EQUIPMENT
IS INSTALLED IN SUCH WINDOW ASSEMBLY, SUCH WINDOW AND GLAZED AREAS MAY
BE REDUCED BY NOT MORE THAN THIRTY-THREE PERCENT BELOW THE MINIMUM
OTHERWISE REQUIRED BY THIS PARAGRAPH.
§ 19. 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.
S. 10200 9
(ii) Joint living-work quarters for artists shall conform to the stan-
dards for light and ventilation of FORMER sections C26-1205.0 through
and including section C26-1205.7 of the administrative code of the city
of New York.
(b) Portions of such buildings which are occupied exclusively as resi-
dential units as permitted by local law shall comply with the following:
(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 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
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, EXCEPT THAT:
(1) WHERE AN EXISTING WINDOW IN ANY SUCH ROOM IS REPLACED WITH A
WINDOW ASSEMBLY HAVING A LOWER U-FACTOR THAT COMPLIES WITH THE NEW YORK
CITY ENERGY CONSERVATION CODE, SUCH WINDOW AREAS MAY BE REDUCED NOT MORE
THAN TWENTY-FIVE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS
PARAGRAPH;
(2) WHERE HVAC EQUIPMENT IS INSTALLED IN AN EXISTING WINDOW, SUCH
WINDOW AREA MAY BE REDUCED BY NOT MORE THAN TWENTY-FIVE PERCENT BELOW
THE MINIMUM OTHERWISE REQUIRED BY THIS PARAGRAPH; OR
(3) WHERE BOTH AN EXISTING WINDOW IS REPLACED WITH A WINDOW ASSEMBLY
IN ACCORDANCE WITH ITEM ONE OF THIS CLAUSE, AND HVAC EQUIPMENT IS
INSTALLED IN SUCH WINDOW, SUCH WINDOW AREA MAY BE REDUCED BY NOT MORE
THAN THIRTY-THREE PERCENT BELOW THE MINIMUM OTHERWISE REQUIRED BY THIS
PARAGRAPH; 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.
S. 10200 10
(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 New York. 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 kitchenette shall be ventilated by
either of the following:
(i) Natural means complying with sections 27-749 and 27-750 of chapter
twenty-seven of the administrative code of the city of New York and
further that the windows shall have a minimum 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, EXCEPT THAT WHERE EXIST-
ING WINDOWS ARE REPLACED WITH WINDOW ASSEMBLIES HAVING A LOWER U-FACTOR
THAT COMPLIES WITH THE NEW YORK CITY ENERGY CONSERVATION CODE, SUCH
WINDOWS MAY BE REDUCED TO NOT LESS THAN A MINIMUM WIDTH OF TEN INCHES, A
MINIMUM AREA OF TWO AND ONE-QUARTER SQUARE FEET, OR ONE-TWELFTH OF THE
FLOOR AREA OF THE SPACE, WHICHEVER IS GREATER. 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 FORMER sub-article
1205.0 of chapter twenty-six of the administrative code of the city of
New York 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
S. 10200 11
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.
§ 20. This act shall take effect immediately and shall apply to all
buildings in existence on or constructed after such date.
