Multiple Dwelling Law

TITLE 3
SANITATION AND HEALTH

S 75. Water supply. 1. In every multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine, where space is provided for
cooking there shall be in every apartment a proper sink with running
water and with a two-inch waste and trap.
2. The owner of every multiple dwelling shall provide proper
appliances to receive and distribute an adequate supply of water, to and
in every apartment or suite of rooms at all times of the year, during
all hours. Failure in the general supply of water from the street
service main shall not be construed as a failure on the part of the
owner, if suitable appliances to receive and distribute such water have
been provided in the dwelling.
3. For dwellings three or more stories in height erected on or after
April eighteenth, nineteen hundred twenty-nine, and for all dwellings
erected after January first, nineteen hundred fifty-one, such supply
shall include both hot and cold water at all times of the year, during
all hours, except that hot water service shall not be required by this
section in a dwelling erected before April eighteenth, nineteen hundred
twenty-nine, if the owner establishes to the satisfaction of the
department that such service was not furnished or required before such
date.
4. No multiple dwelling shall be erected unless it is connected with a
street service water main.
5. No required sink shall be placed within any water-closet
compartment or within any bathroom containing a water-closet.

S 76. Water-closet and bath accommodations. 1. General requirements.
This section shall apply to all dwellings whenever erected or converted
except as herein provided.
a. No water-closet shall be installed, kept or maintained in any yard,
court or other open space, and every water-closet or other receptacle to
receive fecal matter, urine or sewerage, located in any such yard, court
or other open space, shall be completely removed, and the place where
they were located shall be disinfected under the direction of the
department.
b. No water-closet shall be installed, kept or maintained in a cellar
or basement unless it is provided for lawful cellar or basement living
rooms, or is supplementary to the required water-closet accommodations.
c. No water-closet shall open directly into any kitchen or kitchenette
in a multiple dwelling erected after April eighteenth, nineteen hundred
twenty-nine.
d. Every water-closet compartment shall be at least two feet four
inches in clear width and, except in a general toilet or bathroom, shall
be enclosed with partitions which shall extend from the floor to the
ceiling and which shall be plastered or tiled or covered with similar
materials approved by the department.
e. The floor of every such compartment, bathroom or general toilet
room shall be made waterproof with material approved by the department,
and such waterproofing material shall extend six inches or more above
the floor, except at doors.
f. The use of drip trays is unlawful.
g. No plumbing fixture or water-closet shall be enclosed wholly or in
part with woodwork.
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
readily opened.
i. No window shall be required when each such compartment, bathroom or
general toilet room is located on the top story or underneath the bottom
of a lawful shaft or court and is lighted and ventilated in either case
by a skylight the roof of which contains at least three square feet of
glazed surface and is arranged to be readily opened.
j. In lieu of a required window or skylight, it shall be lawful to
install a system of ventilation, approved for construction and
arrangement by the department, for water-closet compartments used for
the business portions of any dwelling or for compartments containing
water-closets, bathrooms or general toilet room in any dwelling. Such
system of ventilation shall be maintained and operated continuously to
provide at least four changes per hour of the air volume of each such
water-closet compartment, bathroom or general toilet room daily from
seven o`clock in the morning until seven o`clock at night in any
business parts of such dwelling and from six o`clock in the morning
until midnight in all parts used for dwelling purposes.
k. Every water-closet compartment or bathroom shall be provided with
electricity and fixtures to light the same properly.
l. In a fireproof dwelling in which two or more rooms, all of which
open directly upon the same public hall, are occupied exclusively by
persons employed by the tenants thereof, there shall be provided for the
occupants of such rooms and accessible therefrom directly or through
such public hall, at least one water-closet compartment for the first
four such rooms or fraction thereof and at least one additional
water-closet compartment for each additional seven such rooms or
fraction thereof, and no further water-closet accommodations for such
rooms shall be required.
m. Water-closets may be placed together in a general toilet room
provided they are supplementary to required water-closet accommodations
or are solely for the use of business portions of the dwelling.
n. Except as herein provided if any living rooms in a fireproof
dwelling open directly upon a public hall without any intervening room,
foyer or passage, or if any suites of two living rooms in such a
dwelling open upon a foyer giving direct access to a public hall, only
one water-closet compartment shall be required for every three such
living rooms on each story. Every such water-closet compartment shall be
accessible to one or more of said rooms without passage through a public
hall or any bedroom.
2. Class A dwellings.
a. Every apartment in a class A dwelling, except old-law tenements,
shall be provided with a water-closet which shall be placed in a
compartment completely separated from any other water-closet. b. Every
apartment in a class A dwelling, except old-law tenements, shall also
contain a bath, which may be in a separate compartment 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.
3. Class B dwellings.
a. The requirements of paragraph n, of subdivision one of this section
shall not apply to a fireproof class B dwelling, every living room of
which, except those used only by employees employed exclusively in the
management and maintenance of such dwelling, has direct access to a
public hall without passing through any other room, foyer or private
hall and in which water-closet accommodations are provided in accordance
with the provisions of this subdivision.
b. In such a fireproof dwelling there shall be on each story upon
which there is any living room at least two water-closet compartments
for the first twenty such living rooms or fraction thereof and at least
one additional water-closet compartment for each additional fifteen such
living rooms or fraction thereof, and no further water-closet
accommodations for such rooms shall be required.
c. There shall be on each story of such fireproof dwelling, in
addition to the water-closet accommodations required in paragraph n of
subdivision one hereof, at least one water-closet compartment for every
fifteen living rooms or fraction thereof not having access to a
water-closet compartment without passage through a public hall or
bedroom, and every such room shall have access to such a compartment
through a public hall. If two or more such compartments be required on
any story by the provisions of this paragraph, they may be placed in a
general toilet room.
d. For every urinal supplied on any story of such fireproof dwelling
on which seventeen rooms or more are occupied exclusively by males, one
water-closet compartment less than the number otherwise required may be
provided on such story; except that the number of water-closet
compartments on such story may not be reduced to less than
three-quarters of the number otherwise required.
e. The water-closet compartments on each story of such a dwelling
shall be accessible from every living room on the story. Such
compartments may be placed in one or more general toilet rooms.
f. In a non-fireproof class B dwelling there shall be at least one
water-closet compartment and one wash basin for every seven sleeping
rooms and there need not be more than that number except that there
shall be at least one on each story. At least one such water-closet
compartment and one wash basin on each story of such dwelling shall be
accessible from every living room on the same story.
4. Converted dwellings.
a. Every apartment in a class A converted dwelling shall be provided
with a water-closet which shall be placed in a compartment or bathroom
within each apartment completely separated from any other water-closet.
Every such apartment shall also contain a bath or shower and a wash
basin.
b. In every class B converted dwelling there shall be at least one
water-closet compartment on any floor containing any room used for class
B occupancy and at least one bathroom or shower room and one wash basin
for every six persons and for any remainder of less than six persons who
may lawfully occupy any room or rooms for class B occupancy.
(c) Additional required water-closets and wash basins which are
installed in order to comply with the provisions of this paragraph
whether provided separately or in combination, shall be in a compartment
separate and apart from every bath or shower required under the
provisions of paragraph b, and each such additional required bath or
shower shall be in a compartment separate and apart from every
water-closet and wash basin required under the provisions of paragraph
b, except that any such additional required water-closet, bath or shower
or wash basin may be included in a single compartment containing any or
all of such facilities, if such compartment is accessible only from or
only within a room, apartment or suite of rooms and the occupant or
occupants of such room, apartment or suite are exclusively entitled to
use all such facilities contained in such compartment.
5. Old-law tenements. In every old-law tenement there shall be
provided for the exclusive use of each family at least one water-closet
compartment located within the dwelling. Such compartment shall be
constructed and ventilated as approved by the department but such
compartment shall be located on the same story as that on which the
apartment occupied by each such family is situated and shall be equipped
with lock and key. The provisions of this subdivision shall not apply
(a) to any dwelling which the department of city planning certifies is
in an area to be acquired for a public improvement and for which a
request for acquisition has been submitted to the board of estimate by a
public agency; or (b) to any dwelling in an area for which an urban
renewal plan has been submitted to the planning commission, as provided
in section five hundred five of the general municipal law, if the
planning commission shall certify that compliance with the provisions of
this subdivision would be inconsistent with the plan; or (c) for which a
demolition permit has been or shall be issued by the municipality
pursuant to local law or ordinance. The exemption provided in (a), (b),
and (c) of this subdivision shall be valid for a period of six months
after the date of the acquisition request or the date of the submission
of the urban renewal plan to the commission or the date of the issuance
of the demolition permit as the case may be. Such exemption may be
extended from time to time by the department provided, however, that
such exemption shall not extend beyond November first, nineteen hundred
sixty-five.
6. Single room occupancy.
a. Every apartment used for single room occupancy shall have at least
one bath or shower, one wash-basin and one water-closet for each six
adult persons who may lawfully occupy the rooms in such apartment as
provided in section two hundred forty-eight, and for any remainder of
less than six persons. If additional baths or showers or water-closets
are installed within an apartment in order to comply with the provisions
of this paragraph each water-closet shall be in an enclosure separate
and apart from every bathroom or shower room and each bath or shower
shall be in an enclosure separate and apart from every water-closet.
b. There shall be access to each required water-closet and bathroom
without passing through any sleeping room, except that any water-closet,
wash-basin or bathroom which connects directly with any sleeping room
shall be deemed to be available only to the occupants of such room and
shall not be included in the computations for the required number of
water-closets and bathrooms.
7. Saving clause. No change need be made in the number, construction,
arrangement, lighting or ventilation of water-closet compartments,
bathrooms or general toilet rooms in any portion of any dwelling if the
number, construction, arrangement, lighting or ventilation of such
water-closet compartments, bathrooms or general toilet rooms was lawful
on July first, nineteen hundred sixty-one.

S 77. Plumbing and drainage. 1. In every multiple dwelling all liquid
or water-borne waste from plumbing fixtures shall be conveyed by a house
drain and house sewer to a street sewer or to a combined street
storm-water main and sewer, unless no such sewers are available. It
shall be unlawful to erect a multiple dwelling which is to be occupied
by five families or more unless a connection is made with a street sewer
or combined street storm-water main and sewer.
2. For every multiple dwelling where neither kind of sewer is
available, provision shall be made for disposing of such waste as may be
required by local law.
3. All roofs, terraces, shafts, courts, areas and yards in every
multiple dwelling shall be properly graded, drained and connected with a
street storm-water main or combined sewer and street storm-water main so
that all storm water may pass freely into it, except that where no
street storm-water main or combined sewer and street storm-water main
exists, the department may permit the storm water from such areas and
spaces to drain into a street gutter which leads to a natural channel or
water course, or into a dry well. When required by the department, the
shafts, courts, areas and yards shall be properly concreted. Every roof
shall be so drained that all storm water shall be conveyed therefrom in
a manner that will prevent dripping to the ground or the causing of
dampness in walls, ceilings, yards, shafts or areas. Nothing in this
section shall be deemed to prevent the turfing over of any yard or court
space or the planting of shrubs or trees therein when approved by the
department.
4. The owner of every multiple dwelling or part thereof shall
thoroughly cleanse and keep clean at all times, and in good repair, the
entire plumbing and drainage system including every water-closet, toilet
and sink and every other plumbing fixture therein.
5. Whenever the plumbing, sewerage or drainage of any multiple
dwelling or part thereof or of the lot on which it is situated is in the
opinion of the department in a condition or in its effect dangerous to
life or health, the department may order or cause any such plumbing,
sewerage or drainage to be purified, cleansed, disinfected, removed,
altered, repaired or improved, or, as provided in section three hundred
nine, take such other action as it may deem necessary to remove such
danger to life or health.

S 78. Repairs. 1. Every multiple dwelling, including its roof or
roofs, and every part thereof and the lot upon which it is situated,
shall be kept in good repair. The owner shall be responsible for
compliance with the provisions of this section; but the tenant also
shall be liable if a violation is caused by his own wilful act,
assistance or negligence or that of any member of his family or
household or his guest. Any such persons who shall wilfully violate or
assist in violating any provision of this section shall also jointly and
severally be subject to the civil penalties provided in section three
hundred four.
2. Whenever, the light, ventilation, or any matter or thing in or
about a multiple dwelling or part thereof, or in or about the lot on
which it is situated, is in the opinion of the department in a condition
or in its effect dangerous to life or health, the department may order
or cause any such light, ventilation, matter or thing to be repaired or
improved or, as provided in section three hundred nine, take such other
action as it may deem necessary to remove such danger to life or health.

S 79. Heating. 1. Every multiple dwelling exceeding two stories in
height and erected after April eighteenth, nineteen hundred twenty-nine,
and every garden-type maisonette dwelling project erected after April
eighteenth, nineteen hundred fifty-four, shall be provided with heat. On
and after November first, nineteen hundred fifty-nine, every multiple
dwelling shall be provided with heat or the equipment or facilities
therefor. During the months between October first and May thirty-first,
such heat and the equipment or facilities shall be sufficient to
maintain the minimum temperatures required by local law, ordinance, rule
or regulation, in all portions of the dwelling used or occupied for
living purposes provided, however, that such minimum temperatures shall
be as follows: (a) sixty-eight degrees Fahrenheit during the hours
between six o`clock in the morning and ten o`clock in the evening,
whenever the outdoor temperature falls below fifty-five degrees
Fahrenheit, notwithstanding the provisions of paragraph a of subdivision
four of section three of this chapter, and (b) at least fifty-five
degrees Fahrenheit during the hours between ten o`clock in the evening
and six o`clock in the morning, whenever the outdoor temperature falls
below forty degrees Fahrenheit. Nothing in this section shall be deemed
to relieve any owner of the duty of providing centrally supplied or
other approved source of heat prior to November first, nineteen hundred
fifty-nine in any case where such heat is required by this chapter or
any other law, ordinance, rule or regulation to be supplied in a
dwelling prior to said date. The heating system in dwellings used for
single room occupancy shall be in conformity with the requirements of
section two hundred forty-eight.
2. The provisions of subdivision one shall not apply to any dwelling
(a) which is located in a resort community and is rented or occupied on
a seasonal basis between April fifteenth and October fourteenth during
any calendar year and is not occupied for living purposes during the
remainder of such year, except that occupancy of any such dwelling by
the family of a caretaker thereof or by the family of the owner thereof
during the remainder of the year shall be permitted; or (b) which the
department of city planning certifies is in an area to be acquired for a
public improvement or for development or redevelopment and for which (1)
a request for acquisition has been submitted to the mayor by a public
agency or (2) a plan for a development or redevelopment project has
received preliminary or first approval of the city planning commission;
or (c) for which a demolition permit has been or shall be issued by the
municipality pursuant to local law or ordinance.
3. The exemption provided in subdivisions two (b) and two (c) of this
section shall be valid for a period of six months after the date of the
approval of the slum clearance or urban renewal plan or the date of such
certification or the date of the issuance of the demolition permit, as
the case may be, but such exemption may be extended from time to time by
the department provided, however, that such exemption shall not extend
beyond November first, nineteen hundred sixty-one.

S 80. Cleanliness. 1. The owner shall keep all and every part of a
multiple dwelling, the lot on which it is situated, and the roofs,
yards, courts, passages, areas or alleys appurtenant thereto, clean and
free from vermin, dirt, filth, garbage or other thing or matter
dangerous to life or health.
2. The owner of every multiple dwelling or part thereof shall
thoroughly cleanse and keep clean at all times, to the satisfaction of
the department, every public or service part thereof, including every
room, passage, stair, floor, window, door, wall, ceiling, water-closet
or toilet compartment, cesspool, drain, hall and cellar in such public
or service part.
3. All carpets and rugs which are permitted in any public part of a
multiple dwelling shall be taken up and cleaned by the owner at least
once a year or as much oftener as the department shall deem necessary.
4. The interior surfaces of walls throughout every part of every
multiple dwelling, whether in public or in tenant-occupied parts, shall
be painted or papered and the ceilings kalsomined or painted by the
owner. The walls and ceilings shall be rekalsomined, repapered or
repainted by the owner whenever necessary to keep the said surfaces in a
sanitary condition. No wall paper shall be placed upon such a wall or
ceiling surface unless all existing wall paper shall be first removed
therefrom and such wall or ceiling thoroughly cleaned and repaired.
5. Any tenant shall be punishable as provided in section three hundred
four for the existence of conditions in violation of the provisions of
this chapter within his apartment to the extent that such conditions are
caused by him, by members of his family or by his guests, and are under
his control; but this provision shall not be construed to relieve the
owner of any liability or duty under this section, except where a
violation is caused and continued solely by the tenant or those under
his control.
6. Every dwelling erected after January first, nineteen hundred
forty-seven, shall be so constructed as to be rat-proof. The agency of a
city authorized by law to make rules supplemental to laws regulating
construction, maintenance, use and area of buildings shall have the
power to make rules and regulations to supplement the requirements of
this subdivision.

S 81. Receptacles for waste matter. 1. The owner of every multiple
dwelling shall provide proper and suitable conveniences or receptacles
for ashes, rubbish, garbage, refuse and other waste matter and shall
arrange for the removal of such waste matter daily.
2. No person shall place ashes, garbage, rubbish, filth, urine or
fecal matter in any place in a multiple dwelling other than the place
provided therefor, or keep any such matter in his apartment or upon his
premises such length of time as to create a nuisance as defined in
section three hundred nine.

S 82. Privacy. In every apartment of three or more rooms in every
class A multiple dwelling erected after April eighteenth, nineteen
hundred twenty-nine, there shall be access to every living room and
bedroom without passing through any bedroom.

S 83. Janitor or housekeeper. Whenever there are thirteen or more
families occupying any multiple dwelling and the owner does not reside
therein, there shall be a janitor, housekeeper or some other person
responsible on behalf of the owner who shall reside in said dwelling, or
within a dwelling located within a distance of two hundred feet from
said dwelling, and have charge of such dwelling, except that where two
or three multiple dwellings are connected or adjoining, one resident
janitor shall be sufficient. In every garden-type maisonette dwelling
project erected after April eighteenth, nineteen hundred fifty-four,
adequate personnel shall be provided for the lawful care and maintenance
of such project.

S 84. Construction standards for the control of noise. On or before
January first, nineteen hundred sixty-nine, the department shall
formulate, adopt, promulgate and thereafter from time to time amend
standards of sound retardation for the walls, partitions and floors and
ceilings between apartments and between apartments and public spaces
situated therein based on the direct measurement of sound transmission
loss determined in decibels for various frequencies or in accordance
with the ASTM sound transmission class system or in accordance with such
other recognized method or system for measuring reduction of sound
transmission as the department may determine to be appropriate. Any
construction of a multiple dwelling commenced after January first,
nineteen hundred seventy shall comply with the standards promulgated
pursuant to this section in effect at the time of commencement of such
construction.