Certain words and also terms when provided in this chapter, uneven the paper definition or subject issue requires otherwise, are characterized as follows:


1. Wherever words or words “occupied,” “is occupied,” “used” or “is used” appear, such word or native shall be interpreted as if followed by the indigenous “or is intended, i ordered it or designed come be used or occupied.”


3. The term “department” shall mean the department, bureau, division or other firm charged v the enforcement of this chapter.

You are watching: Multiple-unit dwelling


4. A “dwelling” is any kind of building or structure or part thereof i beg your pardon is lived in in whole or in part as the home, residence or sleeping ar of one or much more human beings.


5. A “family” is either a human being occupying a dwelling and also maintaining a household, with not more than four boarders, roomers or lodgers, or 2 or an ext persons occupying a dwelling, life together and maintaining a typical household, v not an ext than four boarders, roomers or lodgers. A “boarder,” “roomer” or “lodger” residing with a family members shall mean a human living within the family who payment a factor to consider for such residence and does not occupy such room within the family as an incident of employed therein.


6. A “private dwelling” is any type of building or framework designed and also occupied exclusively for residence purposes by not much more than 2 families.

A building designed for and also occupied exclusively by one family is a “single-family private dwelling.”

A structure designed for and also occupied exclusively by two family members is a “two-family personal dwelling.”

Private dwellings shall likewise be considered to include a collection of one-family or two-family dwelling systems each that which faces or is obtainable to a legit street or public thoroughfare noted that each such dwelling unit is equipped as a separate dwelling unit through all essential services, and also provided that each together unit is arranged so the it might be approved as a legitimate one-family or two-family dwelling.


7. A “multiple dwelling” is a dwelling which is one of two people rented, leased, allow or hired out, to be occupied, or is occupied as the residence or home of 3 or much more families living separately of every other. On and also after July first, nineteen hundred fifty-five, a “multiple dwelling” shall additionally include residential quarters for members or personnel of any hospital staff which space not situated in any type of building used generally for hospital use provided, however, that any kind of building which to be erected, transformed or converted before July first, nineteen hundreds fifty-five, come be occupied by such members or personnel or is so occupied on such day shall not be subject to the requirements of this chapter just so lengthy as it proceeds to it is in so occupied detailed there space local laws applicable to such building and also such building is in compliance through such local laws. A “multiple dwelling” shall not be understood to include a hospital, convent, monastery, asylum or public institution, or a fireproof building used wholly for commercial purposes other than for not more than one janitor"s apartment and also not more than one penthouse occupied by not much more than 2 families. Because that the objectives of this thing “multiple dwellings” are split into two classes: “class A” and also “class B.”


8. a. A “class A” many dwelling is a lot of dwelling that is occupied for irreversible 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 various other multiple dwellings except class B many dwellings. A class A lot of dwelling shall just be supplied for irreversible residence purposes. For the purposes of this definition, “permanent residence purposes” candlestick consist the occupancy the a dwelling unit by the same organic person or family for thirty consecutive days or more and a person or family members so occupying a populated unit chandelier be referred to herein as the permanent citizens of together dwelling unit. The adhering to uses that a dwelling unit through the permanent citizens thereof shall no be considered to be inconsistent through the occupancy of together dwelling unit for irreversible residence purposes:


(1)(A) occupancy of together dwelling unit because that fewer 보다 thirty consecutive days by other herbal persons living in ~ the household of the irreversible occupant such as home guests or lawful boarders, roomers or lodgers; or


(B) incidental and also occasional occupancy of such dwelling unit for fewer 보다 thirty consecutive days by other herbal persons when the permanent residents are temporarily missing for an individual reasons such as vacation or clinical treatment, detailed that over there is no monetary compensation paid to the permanent residents for such occupancy.


(2) In a class A lot of dwelling owned by one accredited not-for-profit college or university or leased by such a college or college under a net lease because that a hatchet of forty-nine years or more, the use of designated dwelling units for occupancy because that fewer than thirty consecutive job shall not be inconsistent v the occupancy of such multiple apartment for permanent residence objectives if:


(A) No an ext than five percent of the dwelling units in such multiple dwelling however not less than one populated unit, space designated for such use and the designation of a unit once made might not be readjusted to another unit;


(B) A list of the designated dwelling units certified by an authorized representative the the university or university is kept on the basic by the owner or network lessee and made obtainable upon inquiry for inspection by the room or the fire room of such city;


(C) Only designated dwelling devices on the certified perform are offered for occupancy because that fewer than thirty continually days and only through (i) natural persons, other than persons whose only relationship through the university or college is as a student, for whom the university or university has actually undertaken to administer housing accommodations such together visiting professors and also academics, graduate college student with research or teaching fellowships, researchers and also persons presenting scholastic papers, interviewing because that positions of employment or having other comparable business v the university or university, or (ii) organic persons because that whom a hospital affiliated with such college or university has undertaken to carry out 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 preserved on the premises of the names and also addresses of such persons and the duration and reason for their stay. Such log in shall be easily accessible upon request for investigate by the department and also the fire room of such municipality;


(E) The fire department of together city shall require the submit of a fire safety plan or other proper fire safety procedure.


b. A “garden-type maisonette dwelling project” is a collection of attached, detached or semi-detached dwelling devices which are noted as a group jointly with all essential services such as, however not limited to, water supply and house sewers, and which devices are located on a website or plot not much less than twenty thousands square feet in area under common ownership and also erected under plan filed with the department on or after ~ April eighteenth, nineteen hundred fifty-four, and which devices together and in their aggregate are arranged or designed to carry out three or more apartments.


9. A “class B” multiple dwelling is a lot of dwelling i m sorry is occupied, together a ascendancy transiently, as the an ext or less temporary abode of individuals or family members who room lodged with or there is no meals. This class shall incorporate hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, college and also school dormitories and dwellings design as exclusive dwellings however occupied by one or two family members with five or an ext transient boarders, roomers or lodgers in one household.


10. A “converted dwelling” is a apartment (a) erected prior to April eighteenth, nineteen hundred twenty-nine, come be occupied by one or two family members living independently of each other and subsequently occupied as a multiple dwelling, or (b) a dwelling 3 stories or less in height put up after April eighteenth, nineteen hundred twenty-nine, to be inhabited by one or two families living individually of each other and also subsequently lived in by not more than three family members in all, with a preferably occupancy the two families on each floor in a 2 story building and one family on every floor in a 3 story building, in compliance v the provisions of article six that this chapter, including section one hundreds seventy-a of said article. A converted dwelling inhabited as a course A many dwelling is a course A converted dwelling; every various other converted dwelling is a course B converted dwelling.


11. A “tenement” is any building or structure or any section thereof, erected before April eighteenth, nineteen hundred twenty-nine, i beg your pardon is occupied, completely or in part, as the residence of three family members or much more living individually of every other and doing their food preparation upon the premises, and includes apartment houses, level houses and also all other residences so erected and also occupied, except that a tenement shall no be understood to include any kind of converted dwelling. An “old-law tenement” is a tenement existing prior to April twelfth, nineteen hundreds one, and also recorded therefore in the department prior to April eighteenth, nineteen hundred twenty-nine, except that it shall no be considered to include any type of converted dwelling.


13. A “rooming house” or a “furnished room house” is a lot of dwelling, other than a hotel, having less 보다 thirty resting rooms and also in i m sorry persons one of two people individually or as households are housed because that hire or otherwise v or there is no meals. One inn with much less than thirty resting rooms is a rooming house.


14. A “lodging house” is a multiple dwelling, various other than a hotel, a rooming home or a furnished room house, in i beg your pardon persons space housed because that hire because that a solitary night, or for less than a week at one time, or any part of which is let for any person come sleep in for any type of term much less than a week.


15. An “apartment” is that component of a many dwelling consist of of one or more rooms containing at least one bathroom and arranged to be lived in by the members of a family, which room or rooms space separated and collection apart from all other rooms within a multiple dwelling.


16. “Single room occupancy” is the occupancy by one or 2 persons of a solitary room, or of two or much more rooms which space joined together, separated native all various other rooms in ~ an apartment in a multiple dwelling, so that the occupant or inhabitants thereof reside separately and independently that the various other occupant or residents of the very same apartment. Once a course A many dwelling is supplied wholly or in component for single room occupancy, it remains a course A many dwelling.


17. A “public hall” is a hall, corridor or passageway within a building but exterior of every apartments and suites of private rooms. A “public vestibule” is a corridor, not within an apartment or suite of exclusive rooms, providing accessibility to a stairway or elevator and not wider than seven feet nor longer than double the broad of the stairs or elevator shafts opening upon it. A “public room” or “public part” of a populated is a an are used in usual by the inhabitants of two or an ext apartments or rooms, or by people who room not tenants, or exclusively for mechanical tools of together dwelling or for storage purposes.


18. A “living room” is a room which is not a publicly hall, public vestibule, publicly room or various other public component of a dwelling. Every room provided for sleeping objectives shall be considered a living room. Dining bays and also dinettes fifty-five square feet or much less in floor area, foyers, water-closet compartments, bathrooms, cooking spaces much less than eighty square feet in area, and also halls, corridors and passageways totally within an apartment or suite that rooms shall not be deemed living rooms. “Floor space” shall median the clear area of the floor included within the partitions or walls enclosing any kind of room, space, foyer, hall or passageways of any type of dwelling.


19. A “dining bay,” “dining recess” or “dinette” is a recess supplied for dining objectives off a living room, foyer or kitchen.


20. A “foyer” is a an are within an apartment or suite of rooms used as an enntrance gate hall directly from a publicly hall.


21. A “dormitory” in a lodging residence is any type of place offered for sleeping purposes. A “cubicle” is a tiny partially enclosed sleeping an are within a dormitory v or there is no a window to the outer air.


24. “Alteration,” as used to a building or structure, shall mean any adjust or rearrangement in the structural components or in the egress facilities of any type of such structure or structure, or any enlargement thereof, even if it is by expansion on any side or by any kind of increase in height, or the relocating of such building or framework from one location or position to another.


25. A “fireproof lot of dwelling” is one in i beg your pardon the walls and other structural members space of incombustible materials or assemblies meeting every one of the requirements of the structure code and with traditional fire-resistive ratings that not less than among the following sets that requirements:


a. For any type of multiple dwelling an ext than one hundred feet in height, 4 hours because that fire walls, party walls, piers, columns, inner structural members which bring walls, girders moving columns, and for exterior walls various other than panel walls; three hours for other girders, fire partitions, floors including their beams and girders, beams, roofs, floor fillings, and stairway enclosures; and two hours for exterior panel walls.


b. For any kind of multiple populated one hundreds feet or less in height, the provisions of coming before paragraph a shall apply, except that the minimum requirements shall be three hours for exterior walls other than dashboard walls, i beg your pardon shall be two hours; two hrs for protection of interior columns; one and one-half hrs for roofs and for floors and beams; provided, however, that for a multiple dwelling 3 stories or much less in height, the necessity for all floors and also the roof shall be one hour.


26. The hatchet “fireproof,” as applied to a component or parts of a building, means such part or components are made of incombustible materials with standard fire-resistive ratings not less than those required for the corresponding component or components of a fireproof dwelling.


27. A “non-fireproof dwelling” is one which walk not accomplish the demands for a fireproof dwelling.


28. A “frame dwelling” is a dwelling of which the exterior wall surfaces or any type of structural parts of such walls room of wood. A populated which would certainly not otherwise it is in a frame dwelling shall not be deemed a structure dwelling by reason of the presence on together dwelling of framework oriel, only or dormer windows, framework porches not an ext than one story in height, or frame expansions not more than one story in height and also fifty-nine square feet in area if such windows, porches or expansions were put up prior to April thirteenth, nineteen hundred forty.


29. The hatchet “fire-retarded,” as used to a component or parts of a building, means such part or components are either spanned with steel lath plastered through two or more coats of mortar or otherwise protected against fire in a manner approved by the department with materials of typical fire-resistive ratings that at least one hour. Fireproofing shall always be accepted as meeting any type of requirement for fire-retarding.


30. “Fire-stopping” way the closing of all surprise draft openings to kind an effectual fire barrier at floors, ceilings and roofs through brick, concrete, gypsum, asbestos, mineral wool, absent wool, steel lath v cement or gypsum plaster, or other approved incombustible materials.


31. A “lot” is a package or plot that ground i m sorry is or may be lived in wholly or in part by a dwelling, including the spaces inhabited by accessory or other structures and any open or unoccupied spaces thereon, however not including any component of one abutting public street or thoroughfare.


a. A “corner lot” is a many which at least two adjacent sides abut because that their complete length upon roadways or public places not much less than fourty feet in width. That portion of a corner lot in overfill of one hundred feet from any street on i beg your pardon the many abuts chandelier be taken into consideration an internal lot.

An “interior lot” is a lot i beg your pardon is no a edge lot no one a with lot.


b. The “front” of a lot is that boundary heat which abuts top top the street, or, if there be an ext than one street abutting, top top the street designated through the owner. The “rear” that a lot is the side opposite the front.


c. The “depth” the a lot of is the street from the prior of the lot come the excessive rear line of the lot. In the case of an irregular-shaped lot the average depth shall be taken.


d. A “through lot” is a lot of running v from street come street who front and rear present abut because that their entire lengths upon streets or open public places; provided, however, that when either of said lines exceeds the various other in size by much more than twenty every centum, that part of the many contiguous to the excess size of the longer line chandelier be considered an inner lot. The department might designate which part of the much longer line is the overfill in length and also make any type of reasonable translate of the component of the lot come be concerned as contiguous to such excess.


e. Lots or sections of too many shall be deemed “back come back” when they are on opposite political parties of the same component of a rear line common to both and also the opposite street currently on which the lots front room parallel through each other or do an angle v each other of not an ext than forty-five degrees.


32. A “rear yard” is an open room on the exact same lot through a dwelling between the excessive rear heat of the lot and the excessive rear wall of the dwelling. A “side yard” is a consistent open space on the same lot v a dwelling between the wall of a dwelling and a heat of the lot native the street come a rear yard or rear line the a lot. A “court” is one open space other 보다 a side or behind yard, ~ above the exact same lot together a dwelling. A court not prolonging to the street or behind yard is an “inner court”. A court expanding to the street or rear yard is an “outer court”.


32-a. “A rear yard equivalent” is an open area which may be forced on a v lot together an alternate to a forced rear yard.


33. The “curb level”, because that the purpose of measure the height of any portion of a building, is the level that the curb in ~ the center of the prior of the building; other than that wherein a structure faces on an ext than one street, the curb level is the typical of the levels of the curbs at the center of each front. Whereby no curb elevation has been created the mean elevation the the last grade adjoining every exterior wall surfaces of a building, calculated indigenous grade elevations taken at intervals the ten feet about the exterior walls of the building, shall be taken into consideration the curb level, unless the city engineer shall establish such curb level or that equivalent.


34. A “street wall” the a building, at any level, is the wall surface of the building nearest to a street heat abutting the property.


35. a. The “height” that a apartment is the vertical distance from the curb level come the level of the highest suggest of the roof beams; except that, in the case of pitched roofs, it is the vertical distance from the curb level come the mean elevation level of the gable or roof above the vertical street wall. Once no roof beams exist or when there room structures completely or partly above the roof, the height shall, except as otherwise specifically provided, it is in measured native the curb level to the level the the highest suggest of any kind of such structure; except that wherein every component of the structure is set back an ext than twenty-five feet from a street line, the height shall be measured from the average grade elevation calculated native the last grade elevations taken at intervals that ten feet approximately the exterior wall surfaces of the building.


b. Except as otherwise provided in ar two hundreds eleven , the following superstructure shall no be thought about in measure the height of a dwelling; parapet walls or safety railings, other superstructures twelve feet or much less in height and occupying fifteen every centum or much less of the area the the roof, elevator enclosures thirty feet or less in elevation used exclusively for elevator purposes, enclosures fifty feet or less in elevation used specifically for tanks, cooling towers or other mechanical equipment; and, when approved by the department, pergolas, spires, chimneys, other ornamental treatments, roof gardens and playgrounds.


c. When top top the key roof of any fireproof lot of dwelling erected after April eighteenth, nineteen hundred twenty-nine, in which one or more passenger elevators room operated, a penthouse dwelling is set up the height of which does no exceed twelve feet and the wall surfaces of i beg your pardon are set back as detailed in this paragraph, the height of together multiple dwelling shall be measured as though no together penthouse had been erected thereon. Together penthouse wall surfaces shall be set back native the outer face of the prior parapet wall surface at least 5 feet, native the outer face of the garden parapet wall surface at the very least ten feet, and also from the inner face of every other parapet wall at least three feet; except that the setback so required from any parapet wall surface facing any type of court or garden or recess therefrom however not facing any street may be reduced one-third for each ten every centum through which the area of such court or garden exceeds the forced minimum area thereof in ~ the greatest level of such parapet wall, and the setback so required from any type of parapet wall surface facing any street might be diminished one foot because that each foot the such parapet wall is collection back native the structure line developed by legislation at the highest level of such parapet wall, provided that in the opinion that the room safe and sufficient passage is provided to and also from every part of the key roof. Any penthouse wall which might be flush v the inner confront of any parapet wall may be flush through the outer challenge thereof.


d. If a behind multiple apartment is erected after April eighteenth, nineteen hundred twenty-nine, ~ above the same lot together a prior multiple dwelling, and also the depth that the garden of the prior multiple dwelling is an ext than sixty feet and also the lowest allude of such garden is listed below the curb level and below the floor that a cellar of the front multiple apartment or the the lowest story thereof if over there is no cellar, the elevation of the behind multiple populated shall be measured from such lowest allude instead of indigenous the curb level.


36. A “story” is a space between the level of one perfect floor and also the level of the next higher finished floor, or, if the height story, that the space between the level the the highest finished floor and also the height of the highest roof beams, or, if the very first story, that the space between the level that the finished floor and the perfect ceiling automatically above. Because that the objective of measuring elevation by stories in multiple houses erected ~ April eighteenth, nineteen hundreds twenty-nine, one extr story shall be added for each twelve feet or fraction thereof the the first story exceeds fifteen feet in height, and also for each twelve feet or portion thereof that any story over the first story exceeds twelve feet in height.


37. A “cellar” in a dwelling is an enclosed room having much more than one-half of its height below the curb level; other than that wherein every part of the structure is collection back more than twenty-five feet native a street line, the height shall it is in measured from the adjoining class elevations calculated from final grade elevations taken at intervals that ten feet about the exterior walls of the building. A cellar shall not be counted together a story.


38. A “basement” is a story partly listed below the curb level however having at the very least one-half that its height above the curb level; except that whereby every component of the building is collection back more than twenty-five feet native a street line, the elevation shall it is in measured from the adjoining class elevations calculate from final grade elevations taken in ~ intervals of ten feet about the exterior wall surfaces of the building. A basement shall be counted together a story in identify height, other than as noted in paragraph e the subdivision six of ar one hundred two .


39. A “section” that a multiple dwelling is a component thereof, other than one apartment or suite that rooms, separated as a unit native the remainder of such dwelling through fireproof construction.


40. A “shaft” is one enclosed room extending through one or much more stories the a structure connecting a collection of openings therein, or any kind of story or stories and also the roof, and includes exterior and interior shafts whether for air, light, elevator, dumbwaiter or any type of other purpose.


41. A “stair” is a trip or flights the steps together with any landings and also parts of windy halls v which that is necessary to pass in going from one level thereof to another.


42. a. A “fire-tower” is a fireproof stair, fastened in fireproof walls, without access to the building from which it affords egress other than by a fireproof self-closing door opened on a interacting balcony or other external platform at every floor level.


b. A “fire-stair” is a fireproof stair, enclosed in fireproof walls, in ~ the body of the building which the serves, come which accessibility may be had actually only v self-closing fireproof doors.


c. A “fire-escape” is a combination of external balconies and stairs providing an unobstructed means of egress from rooms or spaces in a building.


d. A “panel wall” is a non-bearing wall in skeleton building and construction erected between columns or piers and wholly sustained at each story.


43. Window size shall constantly be taken in between stop-beads or, if there are no stop-beads, in between the sides, head and also sill the the sash opening.


44. The hatchet “owner” candlestick mean and include the owner or owner of the freehold the the premises or lesser heritage therein, a mortgagee or vendee in possession, application of rents, receiver, executor, trustee, lessee, agent, or any kind of other person, for sure or corporation, straight or indirectly in regulate of a dwelling. Anytime a lot of dwelling shall have actually been claimed a public nuisance to any kind of extent pursuant to paragraph b the subdivision among section 3 hundred ripe that this chapter and such explanation shall have been filed as therein provided, the ax “owner” chandelier be understood to include, in enhancement to those discussed hereinabove, every the officers, directors and persons having an interest in an ext than ten per cent of the issued and outstanding stock of the owner together herein defined, as holder or advantageous owner thereof, if together owner it is in a corporation other than a banking organization as defined in section two that the banking law , a nationwide banking association, a federal savings and loan association, The Mortgage infrastructure Corporation, Savings financial institutions Life insurance money Fund, The Savings financial institutions Retirement System, an authorized insurer as identified in ar one hundred seven of the insurance law , or a trust company or other corporation arranged under the legislations of this state all the resources stock of which is own by at least twenty savings banks or a subsidiary corporation every one of the resources stock of i m sorry is owned by together trust agency or various other corporation.


check out this complete brand-new York Consolidated Laws, lot of Dwelling regulation - MDW § 4. Meanings on Westlaw

naipublishers.com naipublishers.com are detailed courtesy the Thomson Reuters Westlaw, the industry-leading virtual legal study system. For more detailed naipublishers.com research study information, including annotations and also citations, you re welcome visit Westlaw.

See more: When All The Laughter Died In Sorrow By Lance Rentzel, When All The Laughter Died In Sorrow Hardcover

naipublishers.com naipublishers.com may not reflect the many recent variation of the law in your jurisdiction. Please verify the condition of the code you are researching through the state legislative or via Westlaw before relying on that for her legal needs.


Latest Blog Posts

View much more »
Copied to clipboard
back to top
Research situations & naipublishers.com Opinion summaries Sample organization Contracts study An attorney or legislation Firm creates Reference Legal comment
exercise Law modern technology Law exercise Management legislation Firm Marketing services Corporate Counsel JusticeMail work & Careers
around Us Company background Who We room Privacy terms Disclaimer proclaiming Jobs Cookies perform Not market My info
society
*
Facebook
*
YouTube
*
Twitter
*
Pinterest
*
Newsletters
legislation Firm Marketing lawyer Websites Online declaring Buy a catalog Profile Marketing resources On-Demand Webcasts White papers