Multiple Dwelling Law

ARTICLE 2
MISCELLANEOUS APPLICATION PROVISIONS
Section 8. General application of chapter to dwellings.
9. Buildings converted or altered.
10. Time for compliance.
11. Dwellings damaged or moved.
12. Prohibited uses.
13. Application of chapter to existing dwellings.
14. Application of chapter to uncompleted dwellings.

S 8. General application of chapter to dwellings. All the requirements
of this chapter shall apply to all kinds and classes of multiple
dwellings, except where there are specific provisions, requirements or
exceptions for one or more kinds or classes. A specific provision for
one kind or class of dwelling shall apply only to that kind or class of
dwelling to which such reference is made. Whenever a specific provision
is inconsistent with a general provision of this chapter, the specific
provision shall apply and take precedence. The department shall have
power to classify dwellings in accordance with the provisions of this
chapter.

S 9. Buildings converted or altered. 1. On or after December
fifteenth, nineteen hundred sixty-one, no multiple dwelling shall be
enlarged or its lot diminished so that the yard or other unoccupied
areas shall be less in size or area than the minimum dimensions
prescribed in section twenty-six.
2. A building not a dwelling, if converted or altered after April
eighteenth, nineteen hundred twenty-nine, to a multiple dwelling, shall
thereupon become subject to all the provisions of this chapter
applicable to dwellings of like class and kind erected after such date.
3. A dwelling of one class or kind, altered or converted after April
eighteenth, nineteen hundred twenty-nine, to another class or kind,
except as hereinafter in this section and in articles six and seven
otherwise provided, shall thereupon become subject to all the provisions
of this chapter applicable to a building of that class or kind, erected
after such date, to which it is altered or converted.
4. No dwellings shall be altered so as to be in violation of any
provision of this chapter relating to dwellings of like class and kind
erected after April eighteenth, nineteen hundred twenty-nine, except
that it shall be sufficient for the purposes of this section that
tenements shall comply with article seven, converted dwellings comply
with article six, and lodging houses comply with section sixty-six.
Nothing in this section shall, however, be deemed to prohibit the
conversion or alteration of any multiple dwelling, other than a
converted dwelling and a lodging house, from a class A to a class B
multiple dwelling, or vice-versa, provided that the entire dwelling is
of fireproof construction and is made to conform to the applicable
provisions of section sixty-seven, and to all other provisions of this
chapter applicable to multiple dwellings of like class and kind erected
before April eighteenth, nineteen hundred and twenty-nine.
5. a. Any multiple dwelling may be altered to conform with any
provision of this chapter applicable to dwellings of like class and kind
and not expressly limited in application to dwellings erected after
April eighteenth, nineteen hundred twenty-nine; or to conform to the
provisions of this chapter relating to egress, or to exits from
apartments, in dwellings of like class and kind erected after such date
if such dwelling also conforms or is made to conform to all the
requirements relating to stairs and public halls in dwellings erected
after such date, except that existing dimensions of stair landings,
treads and risers need not be changed.
b. An apartment in any part of a fireproof multiple dwelling erected
before April eighteenth, nineteen hundred twenty-nine, may be altered or
subdivided and need not conform to the requirements of paragraph a of
this section relating to stairs and public halls provided each newly
created apartment has access to a public hall which provides horizontal
egress to at least two stairs. If both of such stairs are not arranged
and designed as required by sections two hundred thirty-six and two
hundred thirty-seven, at least one of such stairs shall be so arranged
and designed, and the other shall be arranged and designed as required
by section two hundred thirty-nine. Both stairs shall be protected by
automatic sprinkler heads throughout.
6. Any tenement previously converted to other uses may be altered or
reconverted to a tenement by complying with the provisions of article
seven, provided, however, that its height and bulk were not enlarged
prior to such alteration or reconversion except as permitted by and in
accordance with the provisions of sections two hundred eleven and two
hundred twelve of this chapter.
7. In any class B multiple dwelling, except a rooming house or lodging
house, any apartment may be occupied as an apartment in a class A
multiple dwelling, provided such apartment complies with all the
requirements for apartments in class A multiple dwellings erected after
April eighteenth, nineteen hundred twenty-nine. In any rooming house or
lodging house, one apartment may be occupied as an apartment in a class
A multiple dwelling, provided such apartment is occupied solely by the
owner, janitor, superintendent or caretaker.
8. Any apartment in any class A multiple dwelling may be occupied for
single room occupancy only if such dwelling complies with the provisions
of section two hundred forty-eight and all other provisions of this
chapter applicable to such dwelling.
9. Excepting a frame dwelling, any dwelling three stories or less in
height erected after April eighteenth, nineteen hundred twenty-nine as a
one or two-family dwelling may be converted to a multiple dwelling to be
occupied by not more than three families in all, with a maximum
occupancy of two families on each floor in a two story building and one
family on each floor in a three story building, provided however that it
shall be unlawful for any such dwelling converted at any time since
October fifteenth, nineteen hundred fifty-two, to have any boarders or
roomers. In each such instance, compliance shall be required with all
the provisions of article six, including section one hundred seventy-a
of said article.
10. If any class A dwelling erected before April eighteenth, nineteen
hundred twenty-nine, is altered so as to increase the number of living
rooms by more than twenty per centum, such dwelling, except as otherwise
provided in sections two hundred eighteen, two hundred thirty-five and
two hundred thirty-six, shall be made to conform to the requirements of
this chapter with respect to class A dwellings of like class and kind
erected after such date.

S 10. Time for compliance. All alterations required by this chapter
upon dwellings erected before its adoption by or application to any
city, town or village, in whole or in part, shall, unless specifically
provided otherwise in this chapter, be made not later than five years
after such adoption or application, or at such earlier date as may be
deemed necessary by the department in order to remove a condition
dangerous or detrimental to life or health.

S 11. Dwellings damaged or moved. 1. If a multiple dwelling be damaged
by fire or other cause to the extent of two-thirds or more of its value
at the time of such damage exclusive of the value of the foundation,
such dwelling shall not be repaired or rebuilt except in conformity with
the provisions of this chapter relative to dwellings erected after April
eighteenth, nineteen hundred twenty-nine.
2. If any non-fireproof stair in any multiple dwelling be damaged by
fire or other cause to such extent that such stair or the first flight
thereof above the entrance story is required to be rebuilt, such stair
to the extent that it is required to be rebuilt shall be fire-retarded
throughout.
3. If any dwelling be moved from one lot to another, such dwelling
shall thereupon be made to conform to all the provisions of this chapter
relative to light, ventilation, fire protection and egress of a dwelling
erected after April eighteenth, nineteen hundred twenty-nine, but no
frame building of any kind whatsoever shall be moved so as to be placed
upon the same lot with any multiple dwelling, nor shall any multiple
dwelling be moved so as to be placed upon the same lot with any frame
building.

S 12. Prohibited uses. 1. It shall be unlawful to use any multiple
dwelling or any part of the lot or premises thereof for the purpose of
prostitution or assignation of any description.
2. It shall be unlawful to keep any horse, cow, calf, swine, rabbit,
sheep, goat, chicken or duck, or any pigeon except Antwerp or homing
pigeons, in or on any multiple dwelling or on the lot or premises
thereof unless permitted by and in accordance with local law or
regulation.
3. It shall be unlawful to use any multiple dwelling or any part of
the lot or premises thereof for the keeping, storing or handling of any
combustible article or any article dangerous or detrimental to life or
health, unless a permit is obtained for such use in conformity with
provisions prescribed by local law, and where such local law does not
exist, in conformity with provisions prescribed by the fire department.

S 13. Application of chapter to existing dwellings. Any building
erected and occupied on or before April eighteenth, nineteen hundred
twenty-nine, or thereafter, as a tenement, which is not recorded as such
in the department, shall be required to comply with all the provisions
governing dwellings of like class or kind erected after such date.
Except as otherwise expressly required in this section and in sections
nine and twenty-five, subdivision six of section thirty-one, and
sections thirty-three, sixty-six and sixty-seven and in articles six and
seven, nothing in this chapter shall be construed to require any change
in the construction, use or occupancy of any multiple dwelling lawfully
occupied as such on April eighteenth, nineteen hundred twenty-nine,
under the provisions of all local laws, ordinances, rules and
regulations applicable thereto on such date; but should the occupancy of
any such dwelling be changed to any other kind or class after such date,
such dwelling shall be required to comply with the provisions of section
nine.

S 14. Application of chapter to uncompleted dwellings. 1. The
provisions of this chapter relating to multiple dwellings erected after
April eighteenth, nineteen hundred twenty-nine, shall not apply to any
multiple dwelling for which plans were on file with the department or a
permit to commence building was issued by the department before August
ninth, nineteen hundred twenty-nine, and the entire building shall have
been completed according to the plans filed with the department, subject
to any lawful subsequent amendment thereto, before July first, nineteen
hundred forty-seven.
2. No provisions of any part of this section shall be deemed to
prohibit the amendment of any plans filed and approved before April
eighteenth, nineteen hundred twenty-nine, if such amendment would have
been lawful before such date, or if such amendment complies with the
requirements of this chapter for alterations to buildings of like class
and kind existing before April eighteenth, nineteen hundred twenty-nine.
3. A permit to commence building issued by the department before April
eighteenth, nineteen hundred twenty-nine, based upon plans filed and
approved for a multiple dwelling described in subdivision one, shall be
deemed to be in compliance with section three hundred.
4. The provisions of this chapter relating to multiple dwellings
erected and occupied as such before April eighteenth, nineteen hundred
twenty-nine, shall apply to the dwellings described in this section;
except, however, that unless otherwise expressly required in article
three nothing in this chapter shall be construed to require any change
in the plans or occupancy of any such dwelling if it be fireproof and
the plans therefore when filed were in compliance with the provisions of
all local laws, ordinances, rules and regulations applicable thereto and
in effect on April eighteenth, nineteen hundred twenty-nine, or were
subsequently amended to comply with such provisions.