NEW YORK STATE
MULTIPLE DWELLING LAW

Chapter 713 of the Laws of 1929, as amended

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ARTICLE 1           INTRODUCTORY PROVISIONS; DEFINITIONS
ARTICLE 2           MISCELLANEOUS APPLICATION PROVISIONS
ARTICLE 3           MULTIPLE DWELLINGS--GENERAL PROVISIONS
ARTICLE 4           FIREPROOF MULTIPLE DWELLINGS
ARTICLE 5           NON-FIREPROOF MULTIPLE DWELLINGS
ARTICLE 5-A         GARDEN-TYPE MAISONETTE DWELLING PROJECTS
ARTICLE 6           CONVERTED DWELLINGS
ARTICLE 7           TENEMENTS
ARTICLE 7-A         TEMPORARY PROVISIONS
ARTICLE 7-B         JOINT LIVING-WORK QUARTERS FOR ARTISTS, OR
                    GENERAL RESIDENTIAL OCCUPANCY OF LOFT,
                    COMMERCIAL OR MANUFACTURING BUILDINGS
ARTICLE 7-C         LEGALIZATION OF INTERIM MULTIPLE DWELLINGS
                    (NB Terminates 96/06/30)
ARTICLE 8           REQUIREMENTS AND REMEDIES
ARTICLE 9           REGISTRY OF NAMES AND SERVICE OF PAPERS
ARTICLE 10          PROSTITUTION
ARTICLE 11          LAWS REPEALED; SAVING CLAUSES; EFFECT

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                            ARTICLE 1
              INTRODUCTORY PROVISIONS; DEFINITIONS

Section             1.   Short title.
                    2.   Legislative finding.
                    3.   Application to cities, towns
                         and villages.
                    4.   Definitions.

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Sec. 1.   Short title.

This chapter shall be known as the "multiple dwelling law."


Sec. 2.   Legislative finding.

It is hereby declared that intensive occupation of multiple
dwelling sites, overcrowding of multiple dwelling rooms,
inadequate provision for light and air, and insufficient
protection against the defective provision for escape from fire,
and improper sanitation of multiple dwellings in certain areas of
the state are a menace to the health, safety, morals, welfare,
and reasonable comfort of the citizens of the state; and that the
establishment and maintenance of proper housing standards
requiring sufficient light, air, sanitation and protection from
fire hazards are essential to the public welfare. Therefore the
provisions hereinafter prescribed are enacted and their necessity
in the public interest is hereby declared as a matter of
legislative determination.


Sec. 3.   Application to cities, towns and villages.

1.   This chapter shall apply to all cities with a population of
     three hundred twenty-five thousand or more.

2.   The legislative body of any other city, town or village may
     adopt the provisions of this chapter and make the same
     applicable to dwellings within the limits of such city, town
     or village by the passage of a local law or ordinance
     adopting the same; and upon the passage of such local law or
     ordinance all of the provisions of articles one, two, three,
     four, five, ten and eleven and such sections or parts of
     sections of the other articles of this chapter as such local
     law or ordinance shall enumerate, shall apply to such city,
     town or village from the date stated in such law or
     ordinance.

3.   Except as herein otherwise specified, every multiple
     dwelling shall be constructed or maintained in conformity
     with other applicable laws.

4.   a.   Any city, town or village may make local laws,
          ordinances, resolutions or regulations not less
          restrictive than those provided in this chapter and may
          provide for their enforcement by legal or equitable
          actions or proceedings, and prescribe the penalties,
          sanctions and remedies for violations thereof. In the
          enforcement and administration of this chapter in a
          city of three hundred twenty-five thousand or more
          persons, the penalties, sanctions and remedies enacted
          by local law may be applied, notwithstanding their
          inconsistency with this chapter, or the provisions of
          this chapter.

     b.   In a city of three hundred twenty-five thousand or more
          persons, such local laws may authorize such actions or
          proceedings against the owner, lessee of a whole
          multiple dwelling, agent or other person having control
          of such dwelling, and any responsible party, or against
          the dwelling in rem. Such local laws may further
          authorize (1) that civil penalties may be enforced
          against the person liable therefor, and that in
          addition to the methods of enforcement for judgments
          established in the civil practice law and rules, a lien
          may be imposed against the premises and the rents
          therefrom; (2) that such civil penalties may be
          enforced against the dwelling by the imposition of a
          lien against the rents therefrom.

     c.   Such local laws may also authorize that all liens upon
          rents, whether authorized by state or local law, may be
          satisfied without further judicial proceedings by the
          collection of rents due or to become due.

5.   Whenever a provision of any local law, ordinance, resolution
     or regulation is more restrictive in a requirement for
     height, area or use, such local law, ordinance, resolution
     or regulation shall govern and take precedence over any
     lesser requirements of this chapter. When, however, the
     provisions of this chapter impose more restrictive
     requirements, the provisions of this chapter shall govern.

6.   A local law, ordinance, resolution or regulation shall not
     prohibit in any class A multiple dwelling erected after
     April eighteenth, nineteen hundred twenty-nine, in
     compliance with the provisions of this chapter, the use of
     wood for sleepers, grounds, nailing blocks, underflooring or
     finish flooring or, within apartments, doors with their
     assemblies, interior trim and assemblies of exterior
     windows, interior finish, closet fixtures, kitchen fixtures,
     shelving, cupboards, cabinets or wardrobes.

7.   Except as provided in subdivisions four and five, a local
     law, ordinance, rule or regulation shall not modify or
     dispense with any provision of this chapter.

8.   Wherever the word "city" occurs in this chapter, it shall be
     construed as though followed by the words "or town or
     village to which this chapter is applicable." The words
     "charter," "ordinance," "resolution," "regulation,"
     "building code," "department of health," "department of
     water supply," "fire department," "department," "board,"
     "city engineer," "corporation counsel," "city treasury," or
     "fire limits," shall be construed as if followed by the
     words "or corresponding authority of any city, town or
     village to which this chapter is applicable and in which the
     dwelling or location referred to is situated."

9.   Wherever in any statute of the state other than this
     chapter, or in any local law, ordinance, resolution or
     regulation, reference is made to the tenement house law in
     relation to a city to which this chapter is applicable, such
     reference shall be construed as applying to the provisions
     of this chapter. If reference be made therein to any section
     or other part of the tenement house law, such reference
     shall be construed as applying to the provisions of this
     chapter relating to the same subject matter as the said
     section or part. If reference be made therein to a "tenement
     house," such reference shall be construed as applying to a
     class A multiple dwelling.

10.  Wherever the date April eighteenth, nineteen hundred twenty-
     nine, shall appear in this chapter such date shall be
     construed as if followed by the words "or the date when this
     chapter or any of its provisions became or becomes
     applicable to any city, town or village outside the City of
     New York."

11.  Notwithstanding any other provision of this section, the
     following enumerated articles, sections and subdivisions of
     sections of this chapter shall not apply to the construction
     or alteration of multiple dwellings for which an application
     for a permit is made to the department after December sixth,
     nineteen hundred sixty-nine in a city having a population of
     one million or more which adopts or has adopted local laws,
     ordinances, resolutions or regulations providing protection
     from fire hazards and making provision for escape from fire
     in the construction and alteration of multiple dwellings and
     in other respects as protective as local law seventy-six of
     the laws of the city of New York for nineteen hundred sixty-
     eight and covering the same subject matter as the following:
     subdivisions twenty-five, twenty-seven, twenty-eight, thirty-
     five-c, thirty-six and thirty-nine of section four,
     subdivision three of section twenty-eight, sections thirty-
     six, thirty-seven, fifty, fifty-one, fifty-two, fifty-three,
     fifty-five, sixty, sixty-one, sixty-seven, subdivisions one,
     two, four and five of section seventy-five, article four,
     article five, article five-A, article six and article seven-
     B; except that after December sixth, nineteen hundred sixty-
     nine where a multiple dwelling erected prior to December
     sixth, nineteen hundred sixty-nine is altered, or a building
     erected prior to December sixth, nineteen hundred sixty-nine
     is converted to a multiple dwelling pursuant to a permit
     applied for to the department having jurisdiction, the
     foregoing articles, sections and subdivisions of sections
     shall remain applicable where a local law of such city
     authorizes such alteration or conversion to be made, at the
     option of the owner, either in accordance with the
     requirements of the building law and regulations in effect
     in such city prior to December sixth, nineteen hundred sixty-
     eight or the requirements of the building law and
     regulations in effect after such date, and the owner elects
     to comply with the requirements of the building law and
     regulations in effect prior to December sixth, nineteen
     hundred sixty-eight.


Sec. 4.   Definitions.

Certain words and terms when used in this chapter, unless the
context or subject matter requires otherwise, are defined as
follows:

1.   Wherever the word or words "occupied," "is occupied," "used"
     or "is used" appear, such word or words shall be construed
     as if followed by the words "or is intended, arranged or
     designed to be used or occupied."

2.   The word "shall" is always mandatory.

3.   The term "department" shall mean the department, bureau,
     division or other agency charged with the enforcement of
     this chapter.

4.   A "dwelling" is any building or structure or portion thereof
     which is occupied in whole or in part as the home, residence
     or sleeping place of one or more human beings.

5.   A "family" is either a person occupying a dwelling and
     maintaining a household, with not more than four boarders,
     roomers or lodgers, or two or more persons occupying a
     dwelling, living together and maintaining a common
     household, with not more than four boarders, roomers or
     lodgers. A "boarder," "roomer" or "lodger" residing with a
     family shall mean a person living within the household who
     pays a consideration for such residence and does not occupy
     such space within the household as an incident of employment
     therein.

6.   A "private dwelling" is any building or structure designed
     and occupied exclusively for residence purposes by not more
     than two families.

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

     A building designed for and occupied exclusively by two
     families is a "two-family private dwelling. "

     Private dwellings shall also be deemed to include a series
     of one-family or two-family dwelling units each of which
     faces or is accessible to a legal street or public
     thoroughfare provided that each such dwelling unit is
     equipped as a separate dwelling unit with all essential
     services, and also provided that each such unit is arranged
     so that it may be approved as a legal one-family or two-
     family dwelling.

7.   A "multiple dwelling" is a dwelling which is either rented,
     leased, let or hired out, to be occupied, or is occupied as
     the residence or home of three or more families living
     independently of each other. On and after July first,
     nineteen hundred fifty-five, a "multiple dwelling" shall
     also include residential quarters for members or personnel
     of any hospital staff which are not located in any building
     used primarily for hospital use provided, however, that any
     building which was erected, altered or converted prior to
     July first, nineteen hundred fifty-five, to be occupied by
     such members or personnel or is so occupied on such date
     shall not be subject to the requirements of this chapter
     only so long as it continues to be so occupied provided
     there are local laws applicable to such building and such
     building is in compliance with such local laws. A "multiple
     dwelling" shall not be deemed to include a hospital,
     convent, monastery, asylum or public institution, or a
     fireproof building used wholly for commercial purposes
     except for not more than one janitor's apartment and not
     more than one penthouse occupied by not more than two
     families. For the purposes of this chapter "multiple
     dwellings" are divided into two classes: "class A" and
     "class B."

8.   a.   A "class A" multiple dwelling is a multiple
          dwelling which is occupied, as a rule, for permanent
          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 other
          multiple dwellings except class B multiple dwellings.

     b.   A "garden-type maisonette dwelling project" is a series
          of attached, detached or semi-detached dwelling units
          which are provided as a group collectively with all
          essential services such as, but not limited to, water
          supply and house sewers, and which units are located on
          a site or plot not less than twenty thousand square
          feet in area under common ownership and erected under
          plans filed with the department on or after April
          eighteenth, nineteen hundred fifty-four, and which
          units together and in their aggregate are arranged or
          designed to provide three or more apartments.

9.   A "class B" multiple dwelling is a multiple dwelling which
     is occupied, as a rule transiently, as the more or less
     temporary abode of individuals or families who are lodged
     with or without meals. This class shall include hotels,
     lodging houses, rooming houses, boarding houses, boarding
     schools, furnished room houses, lodgings, club houses,
     college and school dormitories and dwellings designed as
     private dwellings but occupied by one or two families with
     five or more transient boarders, roomers or lodgers in one
     household.

10.  A "converted dwelling" is a dwelling (a) erected before
     April eighteenth, nineteen hundred twenty-nine, to be
     occupied by one or two families living independently of each
     other and subsequently occupied as a multiple dwelling, or
     (b) a dwelling three stories or less in height erected after
     April eighteenth, nineteen hundred twenty-nine, to be
     occupied by one or two families living independently of each
     other and subsequently 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, in compliance with the
     provisions of article six of this chapter, including section
     one hundred seventy-a of said article. A converted dwelling
     occupied as a class A multiple dwelling is a class A
     converted dwelling; every other converted dwelling is a
     class B converted dwelling.

11.  A "tenement" is any building or structure or any portion
     thereof, erected before April eighteenth, nineteen hundred
     twenty-nine, which is occupied, wholly or in part, as the
     residence of three families or more living independently of
     each other and doing their cooking upon the premises, and
     includes apartment houses, flat houses and all other houses
     so erected and occupied, except that a tenement shall not be
     deemed to include any converted dwelling. An "old-law
     tenement" is a tenement existing before April twelfth,
     nineteen hundred one, and recorded as such in the department
     before April eighteenth, nineteen hundred twenty-nine,
     except that it shall not be deemed to include any converted
     dwelling.

12.  A "hotel" is an inn having thirty or more sleeping rooms.

13.  A "rooming house" or a "furnished room house" is a multiple
     dwelling, other than a hotel, having less than thirty
     sleeping rooms and in which persons either individually or
     as families are housed for hire or otherwise with or without
     meals. An inn with less than thirty sleeping rooms is a
     rooming house.

14.  A "lodging house" is a multiple dwelling, other than a
     hotel, a rooming house or a furnished room house, in which
     persons are housed for hire for a single night, or for less
     than a week at one time, or any part of which is let for any
     person to sleep in for any term less than a week.

15.  An "apartment" is that part of a multiple dwelling
     consisting of one or more rooms containing at least one
     bathroom and arranged to be occupied by the members of a
     family, which room or rooms are separated and set apart from
     all other rooms within a multiple dwelling.

16.  "Single room occupancy" is the occupancy by one or two
     persons of a single room, or of two or more rooms which are
     joined together, separated from all other rooms within an
     apartment in a multiple dwelling, so that the occupant or
     occupants thereof reside separately and independently of the
     other occupant or occupants of the same apartment. When a
     class A multiple dwelling is used wholly or in part for
     single room occupancy, it remains a class A multiple
     dwelling.

17.  A "public hall" is a hall, corridor or passageway within a
     building but outside of all apartments and suites of private
     rooms. A "public vestibule" is a corridor, not within an
     apartment or suite of private rooms, providing access to a
     stair or elevator and not wider than seven feet nor longer
     than twice the width of the stair or elevator shafts opening
     upon it. A "public room" or "public part" of a dwelling is a
     space used in common by the occupants of two or more
     apartments or rooms, or by persons who are not tenants, or
     exclusively for mechanical equipment of such dwelling or for
     storage purposes.

18.  A "living room" is a room which is not a public hall, public
     vestibule, public room or other public part of a dwelling.
     Every room used for sleeping purposes shall be deemed a
     living room. Dining bays and dinettes fifty-five square feet
     or less in floor area, foyers, water-closet compartments,
     bathrooms, cooking spaces less than fifty-nine square feet
     in area, and halls, corridors and passageways entirely
     within an apartment or suite of rooms shall not be deemed
     living rooms. "Floor space" shall mean the clear area of the
     floor contained within the partitions or walls enclosing any
     room, space, foyer, hall or passageways of any dwelling.

19.  A "dining bay," "dining recess" or "dinette" is a recess
     used for dining purposes off a living room, foyer or
     kitchen.

20.  A "foyer" is a space within an apartment or suite of rooms
     used as an entrance hall directly from a public hall.

21.  A "dormitory" in a lodging house is any place used for
     sleeping purposes. A "cubicle" is a small partially enclosed
     sleeping space within a dormitory with or without a window
     to the outer air.

22.  "Premises" shall mean land and improvements or appurtenances
     or any part thereof.

23.  "Structure" shall mean a building or construction of any
     kind.

24.  "Alteration," as applied to a building or structure, shall
     mean any change or rearrangement in the structural parts or
     in the egress facilities of any such building or structure,
     or any enlargement thereof, whether by extension on any side
     or by any increase in height, or the moving of such building
     or structure from one location or position to another.

25.  A "fireproof multiple dwelling" is one in which the walls
     and other structural members are of incombustible materials
     or assemblies meeting all of the requirements of the
     building code and with standard fire-resistive ratings of
     not less than one of the following sets of requirements:

     a.   For any multiple dwelling more than one hundred feet in
          height, four hours for fire walls, party walls, piers,
          columns, interior structural members which carry walls,
          girders carrying columns, and for exterior walls 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 multiple dwelling one hundred feet or less in
          height, the provisions of preceding paragraph a and
          shall apply, except that the minimum requirements shall
          be three hours for exterior walls other than panel
          walls, which shall be two hours; two hours for
          protection of interior columns; one and one-half hours
          for roofs and for floors and beams; provided, however,
          that for a multiple dwelling three stories or less in
          height, the requirement for all floors and the roof
          shall be one hour.

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

27.  A "non-fireproof dwelling" is one which does not meet the
     requirements for a fireproof dwelling.

28.  A "frame dwelling" is a dwelling of which the exterior walls
     or any structural parts of such walls are of wood. A
     dwelling which would not otherwise be a frame dwelling shall
     not be deemed a frame dwelling by reason of the existence on
     such dwelling of frame oriel, bay or dormer windows, frame
     porches not more than one story in height, or frame
     extensions not more than one story in height and fifty-nine
     square feet in area if such windows, porches or extensions
     were erected prior to April thirteenth, nineteen hundred
     forty.

29.  The term "fire-retarded," as applied to a part or parts of a
     building, means such part or parts are either covered with
     metal lath plastered with two or more coats of mortar or
     otherwise protected against fire in a manner approved by the
     department with materials of standard fire-resistive ratings
     of at least one hour. Fireproofing shall always be accepted
     as meeting any requirement for fire-retarding.

30.  "Fire-stopping" means the closing of all concealed draft
     openings to form an effectual fire barrier at floors,
     ceilings and roofs with brick, concrete, gypsum, asbestos,
     mineral wool, rock wool, metal lath with cement or gypsum
     plaster, or other approved incombustible materials.

31.  A "lot" is a parcel or plot of ground which is or may be
     occupied wholly or in part by a dwelling, including the
     spaces occupied by accessory or other structures and any
     open or unoccupied spaces thereon, but not including any
     part of an abutting public street or thoroughfare.

     a.   A "corner lot" is a lot of which at least two adjacent
          sides abut for their full length upon streets or public
          places not less than forty feet in width. That portion
          of a corner lot in excess of one hundred feet from any
          street on which the lot abuts shall be considered an
          interior lot.

          An "interior lot" is a lot which is neither a corner
          lot nor a through lot.

     b.   The "front" of a lot is that boundary line which abuts
          on the street, or, if there be more than one street
          abutting, on the street designated by the owner. The
          "rear" of a lot is the side opposite the front.

     c.   The "depth" of a lot is the distance from the front of
          the lot to the extreme rear line of the lot. In the
          case of an irregular-shaped lot the mean depth shall be
          taken.

     d.   A "through lot" is a lot running through from street to
          street whose front and rear lines abut for their entire
          lengths upon streets or open public places; provided,
          however, that when either of said lines exceeds the
          other in length by more than twenty per centum, that
          part of the lot contiguous to the excess length of the
          longer line shall be deemed an interior lot. The
          department may designate which part of the longer line
          is the excess in length and make any reasonable
          interpretation of the part of the lot to be regarded as
          contiguous to such excess.

     e.   Lots or portions of lots shall be deemed "back to back"
          when they are on opposite sides of the same part of a
          rear line common to both and the opposite street lines
          on which the lots front are parallel with each other or
          make an angle with each other of not more than forty-
          five degrees.

32.  A "rear yard" is an open space on the same lot with a
     dwelling between the extreme rear line of the lot and the
     extreme rear wall of the dwelling. A "side yard" is a
     continuous open space on the same lot with a dwelling
     between the wall of a dwelling and a line of the lot from
     the street to a rear yard or rear line of a lot. A "court"
     is an open space other than a side or rear yard, on the same
     lot as a dwelling. A court not extending to the street or
     rear yard is an "inner court". A court extending to the
     street or rear yard is an "outer court".

32a  "A rear yard equivalent" is an open area which may be
     required on a through lot as an alternative to a required
     rear yard.

33.  The "curb level", for the purpose of measuring the height of
     any portion of a building, is the level of the curb at the
     center of the front of the building; except that where a
     building faces on more than one street, the curb level is
     the average of the levels of the curbs at the center of each
     front. Where no curb elevation has been established the
     average elevation of the final grade adjoining all exterior
     walls of a building, calculated from grade elevations taken
     at intervals of ten feet around the exterior walls of the
     building, shall be considered the curb level, unless the
     city engineer shall establish such curb level or its
     equivalent.

34.  A "street wall" of a building, at any level, is the wall of
     the building nearest to a street line abutting the property.

35.  a.   The "height" of a dwelling is the vertical
          distance from the curb level to the level of the
          highest point of the roof beams; except that, in the
          case of pitched roofs, it is the vertical distance from
          the curb level to the mean height level of the gable or
          roof above the vertical street wall. When no roof beams
          exist or when there are structures wholly or partly
          above the roof, the height shall, except as otherwise
          expressly provided, be measured from the curb level to
          the level of the highest point of any such structure;
          except that where every part of the building is set
          back more than twenty-five feet from a street line, the
          height shall be measured from the average grade
          elevation calculated from the final grade elevations
          taken at intervals of ten feet around the exterior
          walls of the building.

     b.   Except as otherwise provided in section two hundred
          eleven, the following superstructure shall not be
          considered in measuring the height of a dwelling;
          parapet walls or guard railings, other superstructures
          twelve feet or less in height and occupying fifteen per
          centum or less of the area of the roof, elevator
          enclosures thirty feet or less in height used solely
          for elevator purposes, enclosures fifty feet or less in
          height used solely 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 on the main roof of any fireproof multiple
          dwelling erected after April eighteenth, nineteen
          hundred twenty-nine, in which one or more passenger
          elevators are operated, a penthouse dwelling is erected
          the height of which does not exceed twelve feet and the
          walls of which are set back as provided in this
          paragraph, the height of such multiple dwelling shall
          be measured as though no such penthouse had been
          erected thereon. Such penthouse walls shall be set back
          from the outer face of the front parapet wall at least
          five feet, from the outer face of the yard parapet wall
          at least ten feet, and from the inner face of every
          other parapet wall at least three feet; except that the
          setback so required from any parapet wall facing any
          court or yard or recess therefrom but not facing any
          street may be reduced one-third for each ten per centum
          by which the area of such court or yard exceeds the
          required minimum area thereof at the highest level of
          such parapet wall, and the setback so required from any
          parapet wall facing any street may be reduced one foot
          for each foot that such parapet wall is set back from
          the building line established by law at the highest
          level of such parapet wall, provided that in the
          opinion of the department safe and sufficient passage
          is provided to and from every part of the main roof.
          Any penthouse wall which may be flush with the inner
          face of any parapet wall may be flush with the outer
          face thereof.

     d.   If a rear multiple dwelling is erected after April
          eighteenth, nineteen hundred twenty-nine, on the same
          lot as a front multiple dwelling, and the depth of the
          yard of the front multiple dwelling is more than sixty
          feet and the lowest point of such yard is below the
          curb level and below the floor of a cellar of the front
          multiple dwelling or of the lowest story thereof if
          there is no cellar, the height of the rear multiple
          dwelling shall be measured from such lowest point
          instead of from the curb level.

36.  A "story" is a space between the level of one finished floor
     and the level of the next higher finished floor, or, if the
     top story, of the space between the level of the highest
     finished floor and the top of the highest roof beams, or, if
     the first story, of the space between the level of the
     finished floor and the finished ceiling immediately above.
     For the purpose of measuring height by stories in multiple
     dwellings erected after April eighteenth, nineteen hundred
     twenty-nine, one additional story shall be added for each
     twelve feet or fraction thereof that the first story exceeds
     fifteen feet in height, and for each twelve feet or fraction
     thereof that any story above the first story exceeds twelve
     feet in height.

37.  A "cellar" in a dwelling is an enclosed space having more
     than one-half of its height below the curb level; except
     that where every part of the building is set back more than
     twenty-five feet from a street line, the height shall be
     measured from the adjoining grade elevations calculated from
     final grade elevations taken at intervals of ten feet around
     the exterior walls of the building. A cellar shall not be
     counted as a story.

38.  A "basement" is a story partly below the curb level but
     having at least one-half of its height above the curb level;
     except that where every part of the building is set back
     more than twenty-five feet from a street line, the height
     shall be measured from the adjoining grade elevations
     calculated from final grade elevations taken at intervals of
     ten feet around the exterior walls of the building. A
     basement shall be counted as a story in determining height,
     except as provided in paragraph e of subdivision six of
     section one hundred two.

39.  A "section" of a multiple dwelling is a part thereof, other
     than an apartment or suite of rooms, separated as a unit
     from the rest of such dwelling by fireproof construction.

40.  A "shaft" is an enclosed space extending through one or more
     stories of a building connecting a series of openings
     therein, or any story or stories and the roof, and includes
     exterior and interior shafts whether for air, light,
     elevator, dumbwaiter or any other purpose.

41.  A "stair" is a flight or flights of steps together with any
     landings and parts of public halls through which it is
     necessary to pass in going from one level thereof to
     another.

42.  a.   A "fire-tower" is a fireproof stair, enclosed in
          fireproof walls, without access to the building from
          which it affords egress other than by a fireproof self-
          closing door opening on a communicating balcony or
          other outside platform at each floor level.

     b.   A "fire-stair" is a fireproof stair, enclosed in
          fireproof walls, within the body of the building which
          it serves, to which access may be had only through self-
          closing fireproof doors.

     c.   A "fire-escape" is a combination of outside 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
          construction erected between columns or piers and
          wholly supported at each story.

43.  Window dimensions shall always be taken between stop-beads
     or, if there are no stop-beads, between the sides, head and
     sill of the sash opening.

44.  The term "owner" shall mean and include the owner or owners
     of the freehold of the premises or lesser estate therein, a
     mortgagee or vendee in possession, assignee of rents,
     receiver, executor, trustee, lessee, agent, or any other
     person, firm or corporation, directly or indirectly in
     control of a dwelling. Whenever a multiple dwelling shall
     have been declared a public nuisance to any extent pursuant
     to paragraph b of subdivision one of section three hundred
     nine of this chapter and such declaration shall have been
     filed as therein provided, the term "owner" shall be deemed
     to include, in addition to those mentioned hereinabove, all
     the officers, directors and persons having an interest in
     more than ten per cent of the issued and outstanding stock
     of the owner as herein defined, as holder or beneficial
     owner thereof, if such owner be a corporation other than a
     banking organization as defined in section two of the
     banking law, a national banking association, a federal
     savings and loan association, The Mortgage Facilities
     Corporation, Savings Banks Life Insurance Fund, The Savings
     Banks Retirement System, an authorized insurer as defined in
     section one hundred seven of the insurance law, or a trust
     company or other corporation organized under the laws of
     this state all the capital stock of which is owned by at
     least twenty savings banks or a subsidiary corporation all
     of the capital stock of which is owned by such trust company
     or other corporation.

=================================================================

                            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.

=================================================================


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.

=================================================================

                            ARTICLE 3
             MULTIPLE DWELLINGS--GENERAL PROVISIONS

Section             25.  Application of article three.

                             TITLE 1
                          LIGHT AND AIR

Section             26.  Height, bulk, open spaces.
                    28.  Two or more buildings on same
                         lot.
                    29.  Painting of courts and shafts.
                    30.  Lighting and ventilation of
                         rooms.
                    31.  Size of rooms.
                    32.  Alcoves.
                    33.  Cooking spaces.
                    34.  Rooms in basements and
                         cellars.
                    35.  Entrance doors and lights.
                    36.  Windows and skylights for
                         public halls and stairs.
                    37.  Artificial hall lighting.

                             TITLE 2
                   FIRE PROTECTION AND SAFETY

Section             50.  Entrance halls.
                    50a  Entrances: doors, locks
                         and intercommunication systems.
                    50c  Rights of tenants to
                         operate and maintain a lobby
                         attendant service.
                    51.  Shafts, elevators and
                         dumbwaiters.
                    51a  Peepholes.
                    51b  Mirrors in connection
                         with self-service elevators.
                    51c  Rights of tenants to
                         install and maintain locks in
                         certain entrance doors.
                    52.  Stairs.
                    53.  Fire-escapes.
                    54.  Cellar entrance.
                    55.  Wainscoting.
                    56.  Frame buildings and
                         extensions.
                    57.  Bells; mail receptacles.
                    58.  Incombustible materials.
                    59.  Bakeries and fat boiling.
                    60.  Motor vehicle storage.
                    61.  Business uses.
                    62.  Parapets, guard railings and
                         wires.
                    63.  Sub-curb uses.
                    64.  Lighting; gas meters; gas and
                         oil appliances.
                    65.  Boiler rooms.
                    66.  Lodging houses.
                    67.  Hotels and certain other class
                         A and class B dwellings.
                    68.  Smoke detecting devices.

                             TITLE 3
                      SANITATION AND HEALTH

Section             75.  Water supply.
                    76.  Water-closet and bath
                         accommodations.
                    77.  Plumbing and drainage.
                    78.  Repairs.
                    79.  Heating.
                    80.  Cleanliness.
                    81.  Receptacles for waste matter.
                    82.  Privacy.
                    83.  Janitor or housekeeper.
                    84.  Construction standards for the
                         control of noise.

=================================================================


Sec. 25.  Application of article three.

Except as otherwise expressly provided, all the provisions of
this article shall apply to every multiple dwelling erected after
April eighteenth, nineteen hundred twenty-nine. Except as
otherwise expressly provided, only the following enumerated
sections of this article, and then only to the extent required
therein, shall apply to multiple dwellings, whether class A or
class B, erected before such date:

Sec. 28        Two or more buildings on same lot
Sec. 29        Painting of courts and shafts
Sec. 31        Size of rooms--subdivision six
Sec. 33        Cooking spaces
Sec. 35        Entrance doors and lights
Sec. 37        Artificial hall lighting
Sec. 50-a      Entrances: doors, locks and intercommunication
               systems
Sec. 52        Stairs
Sec. 55        Wainscoting
Sec. 56        Frame buildings and extensions
Sec. 57        Bells; mail receptacles
Sec. 58        Incombustible materials
Sec. 59        Bakeries and fat boiling
Sec. 60        Motor vehicle storage
Sec. 61        Business uses
Sec. 62        Parapets, guard railings and wires--subdivision two
Sec. 66        Lodging houses
Sec. 67        Hotels and certain other class A and B dwellings
Sec. 75        Water supply
Sec. 76        Water-closet and bath accommodations
Sec. 77        Plumbing and drainage
Sec. 78        Repairs
Sec. 79        Heating
Sec. 80        Cleanliness
Sec. 81        Receptacles for waste matter
Sec. 83        Janitor or housekeeper


                             TITLE 1
                          LIGHT AND AIR

Sec. 26.  Height, bulk, open spaces.

1.   Dwellings affected.

     a.   This section, except as may specifically be provided
          otherwise in articles six and seven, shall apply to all
          dwellings erected, enlarged, converted or altered
          pursuant to plans filed on or after December fifteenth,
          nineteen hundred sixty-one for the purpose of
          regulating their height and bulk and regulating and
          determining the area of yards, courts and other open
          spaces of such dwellings.

     b.   The construction, enlargement, conversion or alteration
          of any dwelling undertaken pursuant to plans filed
          prior to December fifteenth, nineteen hundred sixty-one
          in compliance with the provisions of sections twenty-
          six, twenty-seven and twenty-eight of this chapter, as
          they existed prior to the enactment of chapter ten
          hundred seventy-two of the laws of nineteen hundred
          sixty, effective July first, nineteen hundred sixty-one
          may be commenced, continued or completed as if such
          sections remained in full force and effect.
          Notwithstanding the provisions of subdivision four of
          section three hundred, the department shall not require
          any change or modification in the height or bulk or in
          the area of yards, courts and other open spaces of
          dwellings to be erected or enlarged pursuant to plans
          filed prior to December fifteenth, nineteen hundred
          sixty-one as a condition for the reissuance of a
          building permit or the renewal of an approval, except
          as may otherwise be provided by local law, ordinance or
          zoning ordinance.

     c.   Nothing in this section shall be construed to require
          any change in the height, bulk, or open space of any
          dwelling erected, enlarged, converted or altered
          pursuant to plans filed before December fifteenth,
          nineteen hundred sixty-one.

     d.   Notwithstanding the provisions of paragraphs a, b or c,
          the provisions of this section shall apply to buildings
          erected, enlarged, converted or altered pursuant to
          plans filed prior to December fifteenth, nineteen
          hundred sixty-one, where such compliance may be
          required by local law, ordinance or zoning ordinance.

2.   Definitions.

For the purpose of this section certain words are defined herein
but such definitions shall not be held to modify or affect legal
interpretations of such terms or words as used in any local law,
ordinance, rule or regulation and shall apply in addition to and
not in substitution for the provisions of section four of this
chapter.

a.   "Accessory use or accessory structure": a use or structure
     customarily incident to the principal use or building:

b.   "Floor area": the sum of the gross horizontal areas of all
     of the several floors of a dwelling or dwellings and
     accessory structures on a lot measured from the exterior
     faces of exterior walls or from the center line of party
     walls, except:

     (1)  cellar space;

     (2)  attic space providing head room of less than eight
          feet;

     (3)  space for mechanical equipment;

     (4)  elevator and stair bulkheads, tanks and cooling towers;

     (5)  open or roofed terraces, exterior balconies or porches,
          uncovered steps and open porte-cocheres or breezeways
          abutting or adjoining grade entrances;

     (6)  accessory space used for off-street motor vehicle
          parking or storage.

c.   "Floor area ratio (FAR)": A figure determined by dividing
     the floor area of the several floors of all buildings on a
     lot by the area of such lot.

d.   "Corner lot": A lot bounded entirely by streets or a lot
     which adjoins the point of intersections of two of more
     streets and in which the interior angle formed by the
     extensions of the street lines in the directions which they
     take at their intersections with lot lines other than street
     lines, forms an angle of one hundred thirty-five degrees or
     less. In the event that any street line is a curve at its
     point of intersection with a lot line other than a street
     line, the tangent to the curve at that point shall be
     considered the direction of the street line. The portion of
     such lot subject to the regulations for corner lots is that
     portion bounded by the intersecting street line and lines
     parallel to and one hundred feet from each intersecting
     street line. Any remaining portion of a corner lot shall be
     subject to the regulations for a through lot or for an
     interior lot, whichever is applicable.

e.   "Tower": A dwelling or dwellings or portion thereof which
     has an aggregate horizontal area of not more than forty per
     centum of the area of a lot, or, for lots of less than
     twenty thousand square feet, the per centum set forth in the
     following table:

     Area of lot                     Maximum percent
     (in square feet)                of lot coverage

     10,500 or less ............................. 50%
     10,501 to 11,500 ........................... 49
     11,501 to 12,500 ........................... 48
     12,501 to 13,500 ........................... 47
     13,501 to 14,500 ........................... 46
     14,501 to 15,500 ........................... 45
     15,501 to 16,500 ........................... 44
     16,501 to 17,500 ........................... 43
     17,501 to 18,500 ........................... 42
     18,501 to 19,999 ........................... 41


3.   Floor area ratio (FAR). The floor area ratio (FAR) of any
     dwelling or dwellings on a lot shall not exceed 12.0, except
     that a fireproof class B dwelling in which six or more
     passenger elevators are maintained and operated in any city
     having a local zoning law, ordinance or resolution
     restricting districts in such city to residential use, may
     be erected in accordance with the provisions of such zoning
     law, ordinance or resolution, if such class B dwelling is
     erected in a district no part of which is restricted by such
     zoning law, ordinance or resolution to residential uses.

4.   Height. A dwelling may be erected to any height and any
     number of stories so long as it does not exceed the bulk
     limitations hereinafter prescribed.

5.   Rear yard.

     a.   Except as otherwise provided in the zoning resolution
          of the city of New York and except as hereinafter
          provided for a corner lot, an interior lot within one
          hundred feet of the point of intersection of the two
          street lines intersecting at an angle of one hundred
          thirty-five degrees or less, an interior lot fronting
          on a block measuring less than two hundred thirty feet
          in length between two intersecting streets or a through
          lot, a rear yard shall be required for each dwelling
          and shall extend the entire width of the lot at every
          point. For dwellings occupying an entire block or a
          through lot, no rear yard shall be required. When
          dwellings do not exceed in area thirty-five per centum
          of the plot, the department shall permit such location
          of yards and courts as will promote the best possible
          plot ventilation. For purposes of this paragraph a, a
          block shall not be deemed less than an entire block
          because a portion thereof is conveyed after
          construction of such multiple dwelling or dwellings to
          a city for public park purposes.

     b.   Except as otherwise provided in the zoning resolution
          of the city of New York, the minimum depth of a
          required rear yard shall be thirty feet for the first
          one hundred twenty-five feet above curb level, and
          fifty feet above that point. The depth of a rear yard
          shall be measured at right angles from the rear lot
          line to the extreme exterior rear wall of the dwelling.
          The provisions of this paragraph requiring a rear yard
          fifty feet in depth for portions of a building in
          excess of one hundred twenty-five feet above the curb
          level shall not be applied to a tower.

     c.   Except as otherwise provided in the zoning resolution
          of the city of New York, on a corner lot no rear yard
          shall be required, provided, however, every required
          window shall open into either:

          (1)  a lawful inner or outer court; or

          (2)  a side or rear yard with a minimum width or depth
               of thirty feet in one direction; or

          (3)  if such lot is less than ten thousand square feet
               in area, a side yard with a minimum width of
               twenty feet, or an inner space equivalent to the
               area of a lawful inner court.

     d.   Except as otherwise provided in the zoning resolution
          of the city of New York, on any through lot one hundred
          ten feet or more in maximum depth from street to
          street, one of the following rear yard equivalents
          shall be provided:

          (1)  An open area with a minimum depth of sixty feet,
               extending across the entire lot and linking
               abutting rear yards, or if no such rear yards
               exist, then an open area, with a minimum depth of
               sixty feet, midway (or within five feet thereof)
               between the two street lines upon which such
               through lot fronts and provided further that the
               provisions of paragraph b of this subdivision
               shall apply above a height of one hundred and
               twenty-five feet above the curb level as if such
               rear yard equivalent were two adjoining rear
               yards; or

          (2)  Two open areas, each abutting and extending along
               the full length of a street line, and each with a
               minimum depth of thirty feet measured from such
               street line; or

          (3)  An open area adjoining and extending along the
               full length of each side lot line, with a minimum
               width of thirty feet measured from each side lot
               line.

     e.   When the maximum depth of any interior lot owned
          separately and individually from all other adjoining
          tracts of land on December fifteenth, nineteen hundred
          sixty-one is less than seventy feet, the required depth
          of the rear yard of a dwelling on such lot for the
          first one hundred twenty-five feet above curb level may
          be decreased one foot for each foot by which the
          maximum depth is less than seventy feet. However, any
          such yard shall never be less than ten feet in depth at
          any point above its lowest level.

     f.   Except for fireproof buildings and except as otherwise
          provided in this paragraph there shall be access from a
          street to the yard through a fireproof passage either
          in a direct line or through a court. Such passage shall
          be not less than three feet in clear width and seven
          feet in height. Such passage shall not be required for
          a multiple dwelling which does not exceed three stories
          in height and is not occupied by more than one family
          on any story or three families in all or for a dwelling
          which does not exceed two stories in height and is not
          occupied by more than two families on any story or four
          families in all provided every required means of egress
          from such dwelling leads directly to a street or to an
          outer court opening upon a street. When a dwelling does
          not exceed three stories in height and is not occupied
          by more than two families on any story, such passage
          may be of fire-retarded construction.

6.   Side yard. Except as otherwise provided in the zoning
     resolution of the city of New York, no side yard shall be
     required. If a side yard is provided it shall in no event be
     less than eight feet in width at any point. Such side yard
     need not exceed thirty feet in width.

7.   Courts. Except as otherwise provided in the zoning
     resolution of the city of New York:

     a.   An inner court shall have minimum width of four inches
          per foot for each one foot of height of such court, but
          in no event less than fifteen feet in width at any
          point. The area of such inner court shall be twice the
          square of the width of the court dimension based on the
          height of such court, but in no event less than three
          hundred fifty square feet in area. The area of such
          court need not exceed one thousand two hundred square
          feet provided that the minimum horizontal distance
          between any required window of a living room opening on
          an inner court shall not be less than thirty feet from
          any wall opposite such window. For a dwelling three
          stories or less in height, an inner court may have a
          minimum width of three inches for each one foot of
          height of such court, but in no event less than ten
          feet in width at any point. The area of such court
          shall be twice the square of the required width of
          court dimension based on the height of such court but
          in no event less than two hundred fifty square feet in
          area. An air in-take of fireproof construction shall be
          provided at or near the lowest level of every inner
          court of dwellings exceeding two stories in height, and
          shall communicate directly with a street or yard. Such
          intake shall have a vertical cross-sectional area of
          not less than twenty-one square feet and a minimum
          width of not less than three feet in its least
          dimension, and shall be open and unobstructed
          throughout, except that where the in-take is not used
          as a passage or exit, gates or grilles which do not
          interfere with ventilation may be installed.

     b.   An outer court at any given height shall have a minimum
          width at least equal to twice the depth of such outer
          court if such outer court is less than thirty feet
          wide. Such outer court shall have a width at least
          equal to its depth if such court is thirty feet or more
          in width. An outer court need not exceed sixty feet in
          width. Except as provided in section sixty, an outer
          court on a side lot line may begin at the level of the
          floor of the lowest story in which there is a living
          room opening therefrom. Any outer court not on a side
          lot line may begin at any level, the height of such
          court to be measured from the level at which such court
          begins.

7-a  Lights in rear yards, side yards, front yards and courts.
     The owner of every dwelling shall install and maintain in
     every rear yard, side yard, front yard and court a light or
     lights of at least forty watts of incandescent illumination
     or equivalent illumination, in such locations as the
     department may prescribe, which shall be kept burning from
     sunset on each day to sunrise on the day following.

8.   Level of areas adjoining living rooms. The bottom of any
     yard, rear yard equivalent, court or other open area which
     abuts or adjoins and gives light or ventilation to a living
     room shall be at the floor level or lower of such living
     room, except that:

     a.   If the depth of a yard exceeds the minimum required
          depth by as much as one-half, the bottom of such yard
          may be at any level not higher than six inches below
          the window sills of any such adjoining living room and
          not more than three feet above the floor of such room.

     b.   If the width of an outer court exceeds the minimum
          required by as much as forty per centum, the bottom of
          such court may be at any level permitted by paragraph a
          for a yard or rear yard equivalent.

9.   Permitted obstructions.

Every yard and court shall comply with all the requirements of
this section and be open and unobstructed at every point from the
lowest level to the sky except that the following shall not be
deemed to obstruct or reduce the area of otherwise lawful yards,
rear yard equivalents or courts, provided that required light and
ventilation for living rooms and required egress from the
dwelling are maintained to the satisfaction of the department:

     a.   Accessory off-street parking spaces, open or enclosed,
          conforming to the applicable provisions of section
          sixty.

     b.   Fire escapes erected as provided in paragraph b of
          subdivision two of section fifty-three.

     c.   In a yard or rear yard equivalent, boiler flues or
          chimneys projecting not more than three feet into such
          yard and provided every such flue or chimney does not
          exceed two per cent of the required area of the yard.

     d.   Outside stairways, fire towers, platforms or balconies
          or other similar projections which extend beyond the
          wall of the dwelling.

     e.   Enclosures of balconies or spaces erected as provided
          in subdivision four of section thirty.

     f.   Arbors, trellises, awnings or canopies, fences, flag
          poles, open steps, or breezeways.

     g.   Recreational or drying yard equipment except as
          otherwise provided in section fifty-six.

     h.   Walls not exceeding eight feet in height and not roofed
          or part of a structure.

     i.   Retaining walls to protect adjoining premises provided
          such walls are not more than fifteen feet in height
          measured from the curb level of the lot on which such
          walls are erected, do not extend above the sill of any
          required living room window on the first story facing
          such a wall and do not extend more than thirty-six
          inches into the required area of a yard, rear yard
          equivalent or court.

     j.   A party wall not more than twelve inches into the
          required area of a yard, or rear yard equivalent or
          court.

     k.   Nothing in this section shall be deemed to prevent
          cutting off the corners of any yard, rear yard
          equivalent or court, provided the running length of the
          wall at the angle of such yard or court does not exceed
          seven feet.

     l.   In a rear yard equivalent, an enclosed passageway
          connecting portions of separate buildings where such
          passageway does not exceed fourteen feet in height and
          fifteen feet in width measured between the outer faces
          of the walls thereof.

10.  Nothing contained 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.

11.  Pending actions or proceedings. Nothing contained in this
     section shall affect or impair any act done, offense
     committed or right accruing or accrued or acquired, or
     liability, penalty, forfeiture or punishment incurred prior
     to December fifteenth, nineteen hundred sixty-one, but the
     same way may be enjoyed, asserted, enforced, prosecuted or
     inflicted as fully and to the same extend as if this section
     had not been enacted.


Sec. 28.  Two or more buildings on same lot.

1.   If any separate multiple dwelling is erected after April
     eighteenth, nineteen hundred twenty-nine, upon the rear of a
     lot which has another multiple dwelling on the front or upon
     the front of a lot which has another multiple dwelling on
     the rear, access shall be provided to the rear dwelling from
     a street by means of an unobstructed court at least twenty
     feet in width.

2.   Except as otherwise provided for motor vehicle storage space
     in section sixty and for dwellings erected, enlarged,
     converted or altered pursuant to plans filed prior to
     December fifteenth, nineteen hundred sixty-one in accordance
     with the provisions of subdivision one of section twenty-
     six, if any building or dwelling is placed on the rear of
     the same lot with a multiple dwelling or a multiple dwelling
     is placed anywhere on the same lot with another building,
     there shall be left between the two buildings an open space
     unoccupied from the ground up and at least forty feet in
     depth, measured in the direction from one building to the
     other for the first one hundred twenty-five feet above the
     curb level, and eighty feet above that point. The provisions
     of this subdivision requiring an open space eighty feet in
     depth between portions of buildings in excess of one hundred
     twenty-five feet above the curb level shall not be applied
     when both such portions are towers.

3.   If on the rear of a lot any such building or any portion
     thereof is used for business purposes, a separate passageway
     at least three feet six inches wide and seven feet high
     shall be provided leading from every such open space
     adjacent to such building to a street. No such passageway
     shall connect with, go through or form a part of any
     entrance hall or other public hall of a multiple dwelling
     upon the front of the lot.


Sec. 29.  Painting of courts and shafts.

The exterior surface of all walls of all courts and shafts of
multiple dwellings, except of outer courts opening on a street,
and courts having dimensions of at least fifty percent in excess
of the minimum set forth in section twenty-six, shall be of a
light-colored brick or stone, or be thoroughly whitewashed or
painted a light color by the owner and be so maintained. Such
whitewash or paint shall be renewed whenever necessary, as may be
determined and required by the department.


Sec. 30.  Lighting and ventilation of rooms.

1.   The provisions of this section shall apply only to multiple
     dwellings erected after April eighteenth, nineteen hundred
     twenty-nine, and shall apply to all such dwellings unless
     otherwise expressly limited.

2.   Except as in this section and in sections thirty-three,
     seventy-six, one hundred fifteen, one hundred sixty, one
     hundred seventy-six, two hundred, two hundred thirteen, two
     hundred fifty and two hundred fifty-one otherwise expressly
     provided, every room, including kitchens, water-closet
     compartments and bathrooms, shall have at least one window
     opening directly upon a street or upon a lawful yard, court
     or space above a setback upon the same lot as that occupied
     by the multiple dwelling in which such room is situated.
     Every such window shall be so located as to light properly
     all portions of the room.

3.   No room in any apartment of three rooms or less, and no room
     in any non-fireproof apartment, shall extend in depth, from
     a street or yard on which it faces, more than thirty feet
     without a window opening on a lawful court.

4.   a.   Nothing in this section or section twenty-six
          shall be construed as prohibiting the windows or doors
          of any room from opening on a partially-enclosed
          balcony or space above a setback, provided such balcony
          or space opens directly to a street or to a lawful yard
          or court and the area of the front of the balcony or
          space which is open to the outer air is at least equal
          to seventy-five per centum of the floor surface area of
          such balcony or space. Any living room thus lighted and
          ventilated by windows or doors opening on such balcony
          or space shall be at most thirty feet in depth measured
          from the extreme outer face of the wall forming the
          partial enclosure of the balcony or space. The windows
          or doors providing light and ventilation for a room or
          rooms opening exclusively on such a balcony or space
          shall have altogether at least the area of one-tenth of
          the combined floor surface of such room or rooms and
          the portion of the balcony or space directly adjoining
          and in front of such room or rooms.

     b.   On a fireproof dwelling a balcony or space above a
          setback permitted under paragraph a of this subdivision
          may be completely enclosed, provided the outer
          enclosing wall or walls and roof are constructed of
          incombustible materials and the walls are glazed with
          clear plate glass or plastic equivalent and such glazed
          wall area is equal to at least fifty per centum of the
          area of the interior walls enclosing such balcony or
          space. At least fifty per centum of the glazed area
          shall be openable directly upon a street or upon a
          lawful yard or court. No window shall open from any
          bathroom, water-closet compartment or cooking space
          upon such enclosed balcony.

     c.   The enclosure on any balcony or a space above a setback
          shall not (1) be more than one story in height or (2)
          be erected in violation of the provisions of paragraph
          a of subdivision six of section one hundred two of this
          chapter.

5.   No multiple dwelling shall be so altered as to diminish the
     light or ventilation of any room or public hall or stairs in
     any way not approved by the department.

6.   No window shall be required in any public room of a
     fireproof multiple dwelling if such room is used solely for
     storage purposes or has adequate mechanical ventilation
     maintained to provide at least the number of changes of the
     air volume of such room approved by the department as
     necessary for the health and safety of the occupants of such
     dwelling. Any fresh air supply system required by the
     department for such purposes shall be provided with adequate
     means for removing dust from the incoming air and with
     adequate means to heat such air at least to sixty degrees
     Fahrenheit.

7.   No required window shall open upon any offset or recess less
     than six feet in width except a window of a water-closet
     compartment, bathroom, or stair or of a cooking compartment
     less than fifty-nine square feet in floor surface area.

8.   (a)  The windows in every room, except a water-closet
          compartment, bathroom, or cooking space less than fifty-
          nine 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.

     (b)  All required windows shall be so constructed that at
          least one-half of their required area may be opened,
          except that a mullioned casement window, if otherwise
          large enough to supply the window requirements of the
          room, need be readily openable to the outer air only to
          the extent of five and one-half square feet of its
          area.

     (c)  Where fresh air is furnished in any room through a
          mechanical ventilating unit or system which is an
          integral part of the dwelling structure and capable of
          introducing not less than forty cubic feet of air per
          minute, the required window area in such room need be
          openable only to the extent of twenty-five percent of
          such window area but in no event less than five and one-
          half square feet.

9.   Transoms or partition sash, or louvres having a minimum area
     of 144 square inches and arranged to be opened or closed,
     shall be provided to private halls or to adjoining rooms to
     secure through-ventilation whenever required by the
     department, but no such transom or partition sash or louvre
     shall be required in a room having two windows opening to
     the outer air if each window is at least nine square feet in
     area, or in a room having a mullioned or single window with
     an aggregate area of at least eighteen square feet.

10.  All windows and their assemblies in walls situated on a lot
     line, except those facing on a street, shall be fireproof,
     with assemblies having a fire-resistive rating of at least
     three-quarters of an hour and glazed with wire glass at
     least one-quarter of an inch thick. Every opening in a wall
     situated on a lot line which is less than fifty feet in a
     vertical direction above a non-fireproof roof of another
     structure within a distance of thirty feet of the wall in
     which the opening is located shall be an automatic fireproof
     window.


Sec. 31.  Size of rooms.

1.   The provisions of this section, except subdivision six,
     shall apply only to multiple dwellings erected after April
     eighteenth, nineteen hundred twenty-nine, and shall apply to
     all such dwellings unless otherwise expressly limited.

2.   Except as in this section and in section thirty-three
     otherwise expressly provided, rooms, except kitchens, water-
     closet compartments and bathrooms, shall meet the following
     minimum requirements as to size:

     a.   In each apartment in a class A multiple dwelling there
          shall least one living room containing at least one
          hundred thirty-two square feet of floor area.

     b.   Every living room, except as provided in paragraph e,
          shall contain at least eighty square feet of floor
          space.

     c.   Every room shall be at least eight feet high, the
          measurements to be taken from the finished floor to the
          finished underside of the ceiling beams except that as
          many as four beams crossing the ceiling of be at any
          basement room may be disregarded if none of them
          exceeds twelve inches in width or extends below the
          ceiling more than six inches.

     d.   Every living room shall be at least eight feet in its
          least horizontal dimension, except as provided in
          paragraph e and except that any number of bedrooms up
          to one-half of the total number in any apartment
          containing three or more bedrooms may have a least
          horizontal dimension of seven feet or more.

     e.   A one-room apartment in a class B multiple dwelling may
          be as small as sixty square feet in its floor area and
          six feet in its least dimension.

3.   The requirements of this section with respect to the least
     horizontal dimension and the minimum area of rooms shall not
     be applicable to any room in a fireproof class B multiple
     dwelling occupied as a lodging house in which every
     apartment, other than one apartment occupied exclusively by
     a person or persons engaged in the maintenance or
     supervision of such multiple dwelling, consists of one room
     and in which every such room opens directly upon a public
     hall.

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.

5.   A portion of any apartment used as an entrance hall to such
     apartment may be designated as a foyer. Such a foyer shall
     not be considered a room if the department shall so permit
     and if either

     a.   Its floor area does not exceed ten per centum of the
          total floor area of such apartment, or

     b.   Every room in such apartment exceeds in area the
          minimum required area of such room by more than twenty
          per centum and the floor area of such foyer does not
          exceed twenty per centum of the floor area of such
          apartment.

6.   a.   Except in class B dwellings and dormitories, no
          room shall be occupied for sleeping purposes by more
          than two adults, considering children of twelve years
          of age or more as adults and two children between the
          ages of two and eleven years inclusive as the
          equivalent of one adult. Children under two years of
          age need not be considered as occupants. No room shall
          have sleeping accommodations for more persons than can
          be accommodated in conformity with the provisions of
          this subdivision.

     b.   Every room in every dwelling, whenever erected, shall
          have at least four hundred cubic feet of air for each
          adult, and two hundred cubic feet of air for each child
          occupying such room. Except in class B dwellings,
          dormitories and except as otherwise provided in
          subdivision two of section thirty-one or in section
          thirty-four for dwellings erected after April
          eighteenth, nineteen hundred twenty-nine, and in
          sections one hundred seventy-four, two hundred fourteen
          and two hundred sixteen, every living room shall (1)
          contain sixty square feet or more of floor space, (2)
          be at least six feet wide at its narrowest part, (3) if
          a sleeping room, contain seventy-five square feet or
          more of floor space and (4) if less than seventy-five
          square feet in floor area, shall not be occupied by
          more than one adult.


Sec. 32.  Alcoves.

1.   Every alcove, except a lawful cooking space, opening from
     any room in any multiple dwelling erected after April
     eighteenth, nineteen hundred twenty-nine, shall be
     separately lighted and ventilated as provided for other
     rooms in section thirty. It shall have a floor area of at
     least seventy square feet, a least horizontal dimension of
     at least seven feet and an opening at least sixty square
     feet in area into the room which it adjoins.

2.   Except for cubicles permitted in lodging houses, no part of
     any room in any multiple dwelling erected after April
     eighteenth, nineteen hundred twenty-nine, shall be enclosed
     or subdivided at any time, wholly or in part, by a curtain,
     portiere, fixed or movable partition or other contrivance or
     device, unless each such enclosure or subdivision shall
     contain a separate window as required for a room by section
     thirty and a floor space of at least seventy square feet.


Sec. 33.  Cooking spaces.

1.   Every space which is intended, arranged or designed for
     cooking or warming of food shall be either a kitchen or
     kitchenette. The term "kitchen" shall mean such a space
     fifty-nine square feet or more in floor area. The term
     "kitchenette" shall mean such a space which is less than
     fifty-nine square feet in floor area.

2.   Every cooking space shall be deemed to be in compliance with
     this section if such space was accepted or approved by the
     department on or before July first, nineteen hundred fifty-
     two, and is maintained in accordance with such acceptance or
     approval.

3.   Except as provided in sections sixty-one and sixty-seven and
     subdivision two of this section, a kitchen or kitchenette
     shall be unlawful unless it is constructed, arranged and
     maintained in compliance with the following applicable
     provisions:

     a.   The ceiling and walls, exclusive of doors, of all
          kitchenettes shall be fire-retarded or in lieu thereof
          such space shall be equipped with one or more sprinkler
          heads to fuse at a temperature not higher than two
          hundred twelve degrees Fahrenheit. Such heads shall be
          connected to the water supply through a pipe of at
          least one-half inch inside diameter.

     b.   In every kitchen and kitchenette, all combustible
          material immediately underneath or within one foot of
          any apparatus used for cooking or warming of food shall
          be fire-retarded or covered with asbestos at least
          three-sixteenths of an inch in thickness and twenty-six
          gauge metal or with fire-resistive material of
          equivalent rating, except where such apparatus is
          installed in accordance with requirements established
          by the department in conformity with generally accepted
          safety standards for such apparatus. There shall always
          be at least two feet of clear space above any exposed
          cooking surface of such apparatus.

     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. 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 superficial floor area of such
          kitchenette. 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.

     d.   Every kitchenette constructed after July first,
          nineteen hundred forty-nine, may be equipped with a
          door or doors, provided the lower portion of each such
          door has a metal grille containing at least forty-eight
          square inches of clear openings or, in lieu of such a
          grille, there are two clear open spaces, each of at
          least twenty-four square inches, one between the bottom
          of the door and the floor, and the other between the
          top of each such door and the head jamb.

     e.   Every kitchen and kitchenette shall be provided with
          gas or electricity or both, and shall be equipped for
          artificial lighting.


Sec. 34.  Rooms in basements and cellars.

1.   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:

     a.   Such rooms shall be everywhere at least eight feet high
          from the floor to the ceiling, except that in a
          basement room as many as four beams twelve inches or
          less in width and extending six inches or less below
          the ceiling may be disregarded.

     b.   Except as otherwise provided in paragraph f, the
          ceiling of every such room in the front part of the
          dwelling, or in an apartment or suite extending to the
          front part, shall be at every point of such room at
          least four feet six inches above the curb level
          directly in front of such point on the street in front
          of the dwelling; and the ceiling of every other such
          room, unless the yard of the dwelling is sixty feet or
          more in depth or extends to a street along its entire
          width, shall be at every point of such room at least
          two feet above the curb level directly in front of such
          point on the street in front of the dwelling. Every
          yard or court upon which any such cellar or basement
          room or apartment opens shall, conform to the
          requirements of subdivision eight of section twenty-
          six. Every such room, except as otherwise provided in
          paragraphs e and f, shall be an integral part of an
          apartment or suite containing at least one room with a
          window opening directly upon a street or yard. Except
          as provided in paragraphs e and f, and if the yard of
          such a dwelling is less than sixty feet in depth there
          shall be not more than one apartment or suite in any
          cellar therein and any such apartment or suite shall
          contain not more than five rooms, shall be supplied
          with water closet and bath accommodations, and shall
          not open upon any court less than five feet in width.
          Every part of such an apartment or suite shall either
          be within twenty-five feet of the inner surface of the
          front or rear wall of the dwelling or have a window
          opening upon a court of at least the dimensions
          prescribed in section twenty-six but never less than
          ten feet wide.

     c.   Every such cellar or basement room shall have access to
          a water-closet constructed and arranged as prescribed
          in section seventy-six.

     d.   Every such room shall have a window or windows
          complying with the requirements of section thirty. 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. 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.

     e.   In addition to a janitor's apartment three rooms or
          less may also be provided in the cellar of such a
          dwelling exclusively for the use of persons regularly
          and continuously employed in the maintenance of such
          dwelling. Every such room shall be completely separated
          from any other room or private hall and shall comply
          with all the provisions respecting a janitor's
          apartment except those relating to water-closet and
          bath, but there shall be at least one water-closet and
          bath accessible from each such room without passing
          through a janitor's apartment. No other rooms in such a
          cellar shall be occupied for living or sleeping
          purposes, except as permitted in paragraphs b and f.
          Whenever a janitor's apartment in the cellar of such a
          dwelling, or a room therein, is expressly excepted from
          a requirement in any provision of this chapter, such
          exception shall apply also to any cellar room lawfully
          occupied as in this paragraph provided.

     f.    (1)  When the lot of such a dwelling abuts upon
                two or more streets and the difference in level
                between the highest and the lowest points of the
                curbs adjoining the lot is more than ten feet, a
                room below the highest curb point may be used
                for living purposes provided it opens upon a
                street or upon a lawful court or yard which
                connects directly with a street or, if the floor
                of such room is not more than twelve feet below
                the highest curb point, upon an interior court
                with a least dimension of not less than thirty
                feet if such court is situated on a lot line,
                and otherwise with a least dimension not less
                than fifty feet. Every such room shall be at
                least nine feet high from finished floor to
                finished ceiling. When any such room or an
                apartment containing it faces a street, the
                ceiling of the room at every point shall be at
                least four feet six inches above the curb level
                of such street directly in front of such point.
                For the purpose of determining the required
                dimensions of a court or yard of any dwelling
                subject to the provisions of this sub-paragraph,
                the height of such dwelling shall be measured
                from the lowest point of such court or yard.

          (2)   When the lot of such a multiple dwelling does
                not run through from street to street and there
                is a difference in level exceeding twenty feet
                between the highest point of the curb in front
                of the dwelling and the lowest point of the curb
                on a street directly in the rear of the dwelling
                which street is within one hundred twenty-five
                feet of the rear line of the lot, a room below
                the level of the highest point of the curb in
                front of the dwelling may be used for living
                purposes provided such room opens upon a yard or
                a court adjoining a yard. The floor of any such
                room shall be at least six inches above the
                level of every part of every yard and court upon
                which such room opens and of the curb on the
                street in the rear of such dwelling and also of
                all intervening ground between the rear street
                and the rear lot line. Every such room shall be
                at least nine feet high from finished floor to
                finished ceiling. The required dimensions of a
                yard, or of a court adjoining a yard, on which
                such a room opens in any dwelling subject to the
                provisions of this sub-paragraph, shall be
                determined by the height of such dwelling
                measured from the lowest point of such yard or
                court.

          (3)   In any portion of a multiple dwelling arranged
                for living purposes below the curb level under
                authority of either of the sub-paragraphs above
                there shall be no wood beams, wood lintels or
                other wood structural members, nor shall any
                wood or other inflammable material be used in
                any partitions, furrings or ceilings.

2.   Every multiple dwelling erected after April eighteenth,
     nineteen hundred twenty-nine, whenever the department shall
     deem it necessary, shall have all walls below the ground
     level and all cellar or lower floors damp-proofed and water-
     proofed. Such damp-proofing and water-proofing shall run
     throughout the cellar or other lowest floor and through and
     up the walls as high as the ground level.

3.   Every cellar and basement in every multiple dwelling shall
     be properly lighted and ventilated to the satisfaction of
     the department.

4.   In every multiple dwelling the cellar walls and ceilings,
     except in rooms occupied as provided in paragraph f of
     subdivision one or in subdivision six, shall either be
     constructed of light-colored material or be thoroughly
     whitewashed or painted a light color by the owner, and shall
     be so maintained. Such whitewash or paint shall be renewed
     whenever necessary, as may be determined and required by the
     department.

5.   Notwithstanding any provisions of this section or of
     subdivision five of section three hundred, an apartment or
     room in a cellar which was occupied for living purposes at
     any time on or after October first, nineteen hundred fifty-
     two may thereafter continue to be occupied for such purposes
     until July first, nineteen hundred sixty-seven, in
     accordance with the conditions imposed by subdivision five
     of section two hundred sixteen.

6.   An apartment in a cellar or basement of any multiple
     dwelling may be used for living purposes provided all of the
     following conditions are complied with:

     a.   Such apartment has at least one half of its height and
          all of its window surfaces above every part of an
          "adequate adjacent space." Such "adequate adjacent
          space" shall be open to the sky, shall be properly
          drained to the satisfaction of the department, and
          shall be a continuous surface area outside the dwelling
          not less than thirty feet in its least dimension and
          abutting at same level, or directly below, every part
          of the exterior walls of such apartment and of every
          other apartment on the same floor. Such "adequate
          adjacent space" shall include only space which is
          located on the same lot or plot as the dwelling or on a
          street or public place or space.

     b.   Every living room of such apartment is everywhere at
          least eight feet high from the floor to the ceiling in
          dwellings erected after July first, nineteen hundred
          fifty-seven, and seven feet in dwellings erected prior
          thereto.

     c.   All parts of the exterior walls of the dwelling which
          are below ground level and on the same floor as such
          apartment or above such floor are dampproof to the
          satisfaction of the department and the floor of such
          apartment is dampproof and waterproof.

     d.   The yard and every court of the dwelling containing
          such apartment are adequately drained to the
          satisfaction of the department.

     e.   If any part of the apartment is below the "adequate
          adjacent space" referred to in paragraph a of this
          subdivision, all ceilings, walls and partitions of such
          apartment are fire-retarded or the rooms and spaces
          within such apartment are protected by a sprinkler
          system to the satisfaction of the department.

     f.   Such apartment and every part of the floor on which it
          is situated meet all of the requirements which would be
          in effect for such floor if none of the rooms thereon
          were used for living purposes.

     g.   Such apartment complies with all of the requirements
          for apartments in the same dwelling which are not in a
          cellar or basement.

     h.   The floor on which such apartment is situated, if a
          cellar, shall nevertheless be counted as a story for
          the purpose of all requirements except those relating
          to the height of the dwelling.


Sec. 35.  Entrance doors and lights.

In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, every door giving access to an
entrance hall from outside the dwelling shall contain at least
five square feet of glazed surface. The width of every such door
shall be at least seventy-five per centum of the required clear
width of such entrance hall as provided in section fifty, except
that when a series of such entrance doors is provided their
aggregate clear width shall not be less than seventy-five per
centum of the required width of the entrance hall and the clear
width of each of the doors separately shall be at least two feet
six inches. Such a door opening upon a street or a court
extending to a street may be of wood. Such a door opening upon a
yard or upon a court not extending to a street shall be
fireproof.

The owner of every multiple dwelling shall install and maintain a
light or lights at or near the outside of the front entrance-way
of the building which shall in the aggregate provide not less
than fifty watts incandescent illumination for a building with a
frontage up to twenty-two feet and one hundred watts incandescent
illumination for a building with a frontage in excess of twenty-
two feet, or equivalent illumination and shall be kept burning
from sunset every day to sunrise on the day following. In the
case of a multiple dwelling with a frontage in excess of twenty-
two feet, the front entrance doors of which have a combined width
in excess of five feet, there shall be at least two lights, one
at each side of the entrance way, with an aggregate illumination
of one hundred fifty watts or equivalent illumination. In
enforcing this provision the department shall permit owners to
determine for themselves the actual location, design and nature
of the installation of such light or lights to meet practical,
aesthetic and other considerations, so long as the minimum level
of illumination is maintained.


Sec. 36.  Windows and skylights for public halls and stairs.

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. Every required window in such a hall shall open upon a
     street, court, yard or space 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.

2.   In every multiple dwelling erected after April eighteenth,
     nineteen hundred twenty-nine, there shall be in the roof,
     directly over each required stair, fire-stair and fire-
     tower, a ventilating skylight provided with ventilators
     having a minimum opening of forty square inches or with
     fixed or movable louvres. The roof of every such skylight
     shall be glazed with plain glass and equipped with suitable
     wire screens above and below. The glazed area of every such
     skylight shall be at least twenty square feet, except that
     in a class A dwelling or section thereof two stories or less
     in height and occupied by not more than two families on each
     story and in dwellings three stories in height erected
     pursuant to plans filed with the department on or after May
     first, nineteen hundred fifty-nine and occupied by not more
     than one family on each story, the glazed area of such a
     skylight need be only nine square feet. In lieu of a
     skylight a window of the same area as prescribed in
     subdivision one may be provided. If such a window is used in
     lieu of a skylight, fixed louvres having a minimum opening
     of forty square inches shall also be installed in or
     directly adjacent to such window.

3.   When any stair, fire-stair or fire-tower in such a dwelling
     terminates at the level of a setback of an outer wall and
     such setback consists of a terrace at least four feet in
     width, measured between the inside of the parapet wall and
     the wall of the building, and at least ten feet in length,
     measured parallel to the wall of the building, there may be
     provided in lieu of such a skylight a fire-proof door and
     assembly with the door self-closing giving access from such
     stair, fire-stair or fire-tower to such terrace. Such door
     shall have a panel at least five square feet in area glazed
     with wire glass and shall be equipped with fixed or movable
     louvres with an opening of at least forty square inches.


Sec. 37.  Artificial hall lighting.

1.   In every multiple dwelling the owner shall provide a light
     or lights, each of at least sixty watts incandescent or
     twenty watts cool white fluorescent or equivalent
     illumination, for every vestibule and entrance hall in every
     public hall, stair, fire-stair and fire-tower on every
     floor. Said light or lights shall be located as prescribed
     by the department, but, in every stair, fire-stair or fire-
     tower, shall be so located that every part thereof shall be
     lighted.

2.   Except as provided in subdivision three, every such light
     shall be turned on by the owner at sunset every day and
     shall not be turned off by the owner until the following
     sunrise. Every such light shall be kept burning daily from
     sunset until sunrise, but if it becomes extinguished and
     remains so without the knowledge or consent of the owner he
     shall not be liable. The burden shall be upon the owner to
     show that the light became and remained extinguished without
     his knowledge or consent.

3.   Every light in every fire-stair and fire-tower at every
     story, and in every stair and public hall at every story
     where there is no window opening to the outer air, shall be
     kept burning continuously except that this provision shall
     not apply to public halls lighted as provided in subdivision
     eleven of section two hundred seventeen.

4.   When the natural light in any public hall in a multiple
     dwelling is not sufficient to permit a person to read the
     names on a mail box or other receptacle for mail, the owner
     shall install a lighting fixture directly over such mail box
     or receptacle and maintain it in serviceable condition, so
     that a light may be turned on at any time for the
     convenience of tenants or the mail carrier.


                             TITLE 2
                   FIRE PROTECTION AND SAFETY

Sec. 50.  Entrance halls.

Every entrance hall in every multiple dwelling erected after
April eighteenth, nineteen hundred twenty-nine, shall be at least
four feet in clear width from the entrance to the first stair,
and beyond that shall be at least three feet eight inches in
clear width. If such an entrance hall is the only entrance to
more than one flight of stairs, the required width of such hall
shall be increased in every part, for each such additional flight
of stairs, by one-half the width required for one flight of
stairs.


Sec. 50-a.     Entrances: doors, locks and intercommunication
               systems.

1.   Every entrance from the street, passageway, court, yard,
     cellar, or similar entrance to a class A multiple dwelling
     erected or converted after January first, nineteen hundred
     sixty-eight, except an entrance leading to the main entrance
     hall or lobby which main entrance hall or lobby is equipped
     with one or more automatic self-locking doors, shall be
     equipped with automatic self-closing and self-locking doors
     and such doors shall be locked at all times except when an
     attendant shall actually be on duty. Every entrance from the
     roof to such a dwelling shall be equipped with a self-
     closing door which shall not be self-locking and which shall
     be fastened on the inside with movable bolts, hooks or a
     lock which does not require a key to open from inside the
     dwelling.

2.   Every class A multiple dwelling erected or converted after
     January first, nineteen hundred sixty-eight containing eight
     or more apartments shall also be equipped with an
     intercommunication system. Such intercommunication system
     shall be located at an automatic self-locking door giving
     public access to the main entrance hall or lobby of said
     multiple dwelling and shall consist of a device or devices
     for voice communication between the occupant of each
     apartment and a person outside said door to the main
     entrance hall or lobby and to permit such apartment occupant
     to release the locking mechanism of said door from the
     apartment.

3.   On or after January first, nineteen hundred sixty-nine,
     every class A multiple dwelling erected or converted prior
     to January first, nineteen hundred sixty-eight, shall be
     equipped with automatic self-closing and self-locking doors,
     which doors shall be kept locked except when an attendant
     shall actually be on duty, and with the intercommunication
     system described in paragraph two of this section, provided
     that tenants occupying a majority of all the apartments
     within the structure comprising the multiple dwelling
     affected request or consent in writing to the installation
     of such doors and intercommunication system on forms which
     shall be prescribed by the department, except that in the
     event a majority of tenants in occupancy request or consent
     on or after January first, nineteen hundred sixty-eight, to
     the installation of such doors or intercommunication system
     such installation shall be started within ninety days, but
     need not be completed until six months after the owner's
     receipt of requests or consents by a majority of the
     tenants, except that in any such multiple dwelling owned or
     operated by a municipal housing authority organized pursuant
     to article thirteen of the public housing law, such
     installation need not be completed until one year after the
     owner's receipt of requests or consents by a majority of the
     tenants. If the dwelling is subject to regulation and
     control of its residential rents pursuant to the local
     emergency housing rent control act, the local city housing
     rent agency shall upon the filing of executed forms
     containing the required requests or consents, prescribe the
     terms under which the costs of providing such doors and
     intercommunication systems may be recovered by the owner
     from the tenants. In any multiple dwelling built pursuant to
     the provisions of the redevelopment companies law in which
     residential rents are limited by contract, the costs of
     providing such doors and intercommunication systems may be
     recovered by the owner from the tenants. The terms under
     which such costs may be recovered shall be the same as those
     prescribed by the local city housing rent agency in the city
     in which the multiple dwelling is located for dwellings
     subject to regulation and control of rent pursuant to the
     local emergency housing rent control act. Such costs shall
     not be deemed to be "rent" as that term is limited and
     defined in the contract.

4.   All such self-closing and self-locking doors, and
     intercommunication systems shall be of a type approved by
     the department and by such other department as may be
     prescribed by law and shall be installed and maintained in a
     manner prescribed by the department and by such other
     department.

5.   Every owner who shall fail to install and maintain the
     equipment required by this section, in the manner prescribed
     by the department, and by such other department as may be
     prescribed by law, and any person who shall wilfully
     destroy, damage, or jam or otherwise interfere with the
     proper operation of, or remove, without justification, such
     equipment or any part thereof shall be guilty of a
     misdemeanor as provided in subdivision one of section three
     hundred four of the multiple dwelling law and shall be
     punishable as provided therein.


Sec. 50-c.     Rights of tenants to operate and maintain a lobby
               attendant service.

1.   Tenants of every class A multiple dwelling containing eight
     or more apartments shall be entitled to maintain and operate
     a lobby attendant service for such multiple dwelling at any
     time or times when an attendant hired or furnished by the
     owner thereof shall not be on duty. Such lobby attendants so
     maintained by such tenants shall be engaged solely for
     security purposes and shall perform no acts or duties other
     than those which shall be directly related to the safety and
     security of occupants and visitors to such building while in
     and about the public portions thereof and no owner shall
     unreasonably hinder, interfere with, obstruct or prohibit
     the maintenance and operation of such service, provided that
     each attendant so engaged by tenants shall at all times when
     on duty be stationed at and remain in the entrance halls or
     public lobbies of the building adjacent to the main entrance
     thereto, and provided further that no owner of such building
     shall be in any manner liable or responsible for any injury
     to any such attendant or for any damage or injury arising
     out of or resulting from any act or omission of any such
     attendant or for the payment of any wages or other
     compensation to such attendants. The lobby attendants
     furnished, operated or maintained by tenants pursuant to
     this section may consist of or include tenants or other
     occupants of the multiple dwelling and may include either
     volunteer or paid personnel or a combination thereof.

2.   Any agent, owner or other person who shall unreasonably
     interfere, hinder, obstruct or prohibit the installation,
     maintenance and operation of any such lobby attendant or
     shall unreasonably hinder or interfere with the performance
     of the duties of such lobby attendant engaged pursuant to
     this section, shall be guilty of a violation with a maximum
     fine not to exceed fifty dollars.


Sec. 51.  Shafts, elevators and dumbwaiters.

1.   Every shaft constructed after April eighteenth, nineteen
     hundred twenty-nine, in any multiple dwelling shall be
     enclosed on all sides with fireproof walls and shall have
     fireproof doors and assemblies at all openings, with the
     doors self-closing. Dumbwaiter shafts, except those
     adjoining public halls, may be constructed with walls of
     gypsum plaster blocks approved by the department, at least
     two inches thick if solid and at least three inches thick if
     hollow.

2.   All dumbwaiter doors constructed after such date shall be
     fastened by an interior lock in the shaft operated and
     controlled from a central point in the cellar or lowest
     story if there be no cellar.

3.   The doors of every elevator shaft constructed after such
     date shall be provided with an automatic device approved by
     the department to prevent the normal operation of the
     elevator unless the hoistway door at which the car is
     standing is closed and locked, or unless all hoistway doors
     are locked in a closed position. Such doors may have a
     vision panel of wire glass not exceeding one square foot in
     area.

4.   Every elevator installed after such date shall be equipped
     with a gate with an automatic device approved by the
     department to prevent the normal operation of such elevator
     unless such gate is closed.

5.   When any elevator or dumbwaiter constructed after such date
     opens into more than one stair, elevator vestibule or other
     public hall on any floor, such elevator or dumbwaiter shall
     be placed in a separate shaft. Not more than three elevators
     or two dumbwaiters shall ever be placed in the same shaft.

6.   Every dwelling erected after such date which exceeds six
     stories or sixty feet in height shall be equipped with one
     or more passenger elevators, operative at all times, at
     least one of which shall be accessible to every apartment
     above the entrance story.

7.   In every multiple dwelling, elevator shafts, not previously
     enclosed to the satisfaction of the department, shall be
     enclosed with fireproof walls and shall have fireproof doors
     and assemblies, with the doors self-closing.


Sec. 51-a.     Peepholes.

In every multiple dwelling the owner shall provide and maintain a
peephole in the entrance door of each housing unit. Such peephole
shall be located, as prescribed by the department, but shall be
so located as to enable a person in such housing unit to view
from the inside of the entrance door any person immediately
outside of the entrance door to such housing unit. The provisions
of this section shall not apply to hotels or apartment hotels or
to college or school dormitories.


Sec. 51-b.     Mirrors in connection with self-service elevators.

In all multiple dwellings in which there are one or more self-
service passenger elevators, there shall, pursuant to such
regulations as the department shall prescribe, be affixed and
maintained in each such elevator a mirror which will enable
persons prior to entering into such elevator to view the inside
thereof to determine whether any person is in such elevator.


Sec. 51-c.     Rights of tenants to install and maintain locks in
               certain entrance doors.

Every tenant of a multiple dwelling, except a tenant of a
multiple dwelling under the supervision and control of a
municipal housing authority, occupied by him, except as a hotel
or motel, or college or school dormitory, shall have the right to
install and maintain or cause to be installed and maintained in
the entrance door of his particular housing unit in such multiple
dwelling, a lock, separate and apart from any lock installed and
maintained by the owner of such multiple dwelling, not more than
three inches in circumference, as an ordinary incident to his
tenancy, provided that a duplicate key to such lock shall be
supplied to the landlord or his agent upon his request; and every
provision of any lease hereafter made or entered into which
reserves or provides for the payment by such tenant of any
additional rent, bonus, fee or other charge or any other thing of
value for the right or privilege of installing and/or maintaining
any such lock, shall be deemed to be void as against public
policy and wholly unenforceable.


Sec. 52.  Stairs.

1.   In every multiple dwelling erected after April eighteenth,
     nineteen hundred twenty-nine, every interior stair, fire-
     stair and fire-tower and every exterior stair in connection
     with any dwelling altered or erected after January first,
     nineteen hundred fifty-one, shall be provided with proper
     balustrades or railings and all such interior and exterior
     stairs shall be kept in good repair and free from any
     encumbrance. Every such stair, fire-stair and fire-tower
     more than three feet eight inches wide shall be provided
     with a handrail on each side.

2.   The upper surface of every balustrade or railing placed in
     any stair after April eighteenth, nineteen hundred twenty-
     nine, shall be at least two feet six inches and at most two
     feet eight inches above the front edge of the stair treads,
     and at any stair landing shall be at least two feet eight
     inches and at most three feet above the level of such
     landing.

3.   The treads and risers of every stair, fire-stair and fire-
     tower constructed after April eighteenth, nineteen hundred
     twenty-nine, in any multiple dwelling shall be of uniform
     height and width in any one flight. Each tread, exclusive of
     nosing, shall be not less than nine and one-half inches
     wide; each riser shall not exceed seven and three-quarters
     inches in height; and the product of the number of inches in
     the width of the tread and the number of inches in the
     height of the riser shall be at least seventy and at most
     seventy-five.

4.   No winding stairs shall be constructed in any multiple
     dwelling.

5.   a.   Except as otherwise provided in paragraph b of
          this subdivision, every stair constructed after April
          eighteenth, nineteen hundred twenty-nine, leading to a
          cellar or basement from the first story above shall be
          entirely enclosed with fireproof walls and be provided
          with fireproof doors and assemblies at both top and
          bottom, with the doors self-closing; except that, in a
          non-fireproof multiple dwelling erected before such
          date, where such a stair is permitted such enclosing
          walls may be fire-retarded.

     b.   When the first floor or a part thereof, in a fireproof
          multiple dwelling, is used for business purposes, a
          stair leading to a cellar or basement from such
          business space shall be enclosed in fireproof walls
          having a fire-resistive rating of at least three hours
          and be provided with a fireproof door and assembly at
          the bottom, with the door self-closing. No opening
          shall be permitted between such business space and the
          remainder of the dwelling.

6.   The department shall have the power to make supplementary
     regulations relating to fire-towers.

7.   In every multiple dwelling erected under plans filed with
     the department after January first, nineteen hundred sixty,
     on every story above the entrance story every door opening
     into such stair shall be so hung and arranged that in
     opening and when opened it shall at no point reduce the
     clear and unobstructed required width of the stair or stair
     landing.

8.   The provisions of this section shall not apply to a stair
     within an apartment provided that each level of the
     apartment is provided with required means of egress
     complying with the provisions of this article.


Sec. 53.  Fire-escapes.

Every fire-escape erected after April eighteenth, nineteen
hundred twenty-nine, shall be located, arranged, constructed and
maintained in accordance with the following provisions:

1.   Access to a fire-escape shall be from a living room or
     private hall in each apartment or suite of rooms at each
     story above the entrance story, and such access shall not
     include any window of a stairhall.

     a.   Such room or private hall shall be an integral part of
          such apartment or suite of rooms and accessible to
          every room thereof without passing through a public
          hall.

     b.   When one or more living rooms of any apartment are
          rented to boarders or lodgers, every such room shall be
          directly accessible to a fire-escape without passing
          through a public hall, and for separately occupied
          living rooms access to fire-escapes shall be direct
          from such rooms without passing through a public hall
          or any other separately occupied room, except as may be
          permitted for dormitories in section sixty-six.

     c.   Access to any fire-escape shall not be obstructed by
          sinks or kitchen fixtures or in any other way. Iron
          bars, grilles, gates, or other obstructing devices on
          any window giving access to fire-escapes or to a
          required secondary means of egress shall be unlawful
          unless such devices are of a type approved by the board
          of appeals and are installed and maintained as
          prescribed by the board; provided, however, that in a
          city having a population of one million or more, such
          devices shall be of a type approved, installed and
          maintained as prescribed by the fire commissioner, or
          as previously approved and prescribed by the board of
          standards and appeals of such city, except as otherwise
          provided by said commissioner.

     d.   Every such fire-escape shall be accessible to one or
          more exterior doors or windows opening from the room,
          apartment, suite of rooms or other space which it
          serves as means of egress, and such window or door
          shall be two feet or more in clear width and two feet
          six inches or more in clear height. The sill of any
          such window shall be within three feet of the floor.

2.   A required fire-escape may be erected in any of the
     following places:

     a.   On a wall facing a street or yard;

     b.   In a court of a non-fireproof multiple dwelling to
          serve an apartment or suite of rooms which does not
          contain any room fronting upon a street or yard, or in
          any inner court thirty-five feet or more in its least
          horizontal dimension, provided the fire-escape does not
          project more than four feet from the wall of the
          dwelling and is directly connected at the bottom of
          such court with a fireproof passageway at least three
          feet wide and seven feet high leading directly to a
          street unless the court itself leads to a street;

     c.   In any outer court eighteen feet or more in width and
          thirty feet or less in length;

     d.   In any outer court more than eighteen feet in width the
          length of which does not exceed its width by more than
          seventy per centum;

     e.   In any outer court ten feet or more in width at every
          point and situated on a lot line;

     f.   In any outer court seven feet or more in width at every
          point which is situated on a lot line and extends from
          a street to a yard;

     g.   In a recess on the front wall of a multiple dwelling,
          provided the recess does not exceed five feet in depth,
          is used solely for fire-escape purposes and has seventy-
          five per centum or more of its area open to the street,
          and is otherwise unenclosed and open at the top. No
          such recess shall be counted as a part of the
          unoccupied area of the premises or be construed as a
          court unless its entire area is open to the street.

3.   No fire-escape may project more than four and one-half feet
     into a public highway from the lot line of the multiple
     dwelling it serves. Every part of such fire-escape shall be
     at least ten feet above any sidewalk directly below.

4.   a.   Every fire-escape shall be constructed of open
          balconies and stairways of iron or stone capable of
          sustaining a load of at least eighty pounds per square
          foot. The use or reuse of old materials or cast iron in
          the construction of fire-escapes shall be unlawful.

     b.   Balconies for fire-escapes shall be three feet or more
          in clear width except that a party-wall balcony as
          permitted by paragraph f of subdivision one of section
          one hundred eighty-seven may be two feet in clear
          width.

     c.   Every stairway shall be placed at an angle of sixty
          degrees or less with flat open steps at least six
          inches in width and twenty inches in length and with a
          maximum rise of nine inches. The opening in any balcony
          for such a stairway shall be at least twenty-one by
          twenty-eight inches.

5.   a.   There shall be provided from the lowest balcony a
          drop ladder fifteen inches in width and of sufficient
          length to reach to a safe landing place beneath. Such
          ladder shall be constructed, located and arranged so as
          to be held in proper position at all times and, unless
          properly counter-balanced, shall be placed in guides so
          that it can be easily lowered.

     b.   The distance from the lowest balcony to the ground or
          safe landing place beneath shall be not more than
          sixteen feet, except that the department may permit
          such lowest balcony to be up to eighteen feet above a
          public sidewalk because of structural conditions in any
          multiple dwelling erected before April eighteenth,
          nineteen hundred twenty-nine.

     c.   No drop ladder shall be required where the distance
          from the lowest balcony to a safe landing place beneath
          is five feet or less.

6.   The balcony on the top story shall be provided with a
     stairway or a gooseneck ladder from such balcony to and
     above the roof and securely fastened thereto, except that no
     such stairway or ladder shall be required:

     a.   On multiple dwellings two stories or less in height
          erected after April eighteenth, nineteen hundred twenty-
          nine; or

     b.   Wherever there is a peak roof with a pitch in excess of
          twenty degrees;

     c.   When the fire-escape is on the front of the dwelling,
          in a recess on the front of the dwelling, or on an
          outer court opening to a street.

7.   Every fire-escape if constructed of material subject to
     rusting shall be painted with two or more coats of good
     paint in contrasting colors; in the case of a new fire-
     escape the first coat before erection, and the second coat
     after erection. Whenever a fire-escape becomes rusty, the
     owner shall repaint it with two additional coats of good
     paint.

8.   a.   Whenever a non-fireproof multiple dwelling is not
          provided with sufficient means of egress in case of
          fire, the department may order such additional fire-
          escapes or balconies as in its judgment may be deemed
          necessary.

     b.   The owner of a multiple dwelling shall keep and
          maintain every fire-escape thereon in good order and
          repair.

     c.   No person shall at any time place any encumbrance of
          any kind before or upon any fire-escape, or place or
          keep a cover of any kind over the stairway opening in a
          balcony of such fire-escape. An occupant or tenant of a
          multiple dwelling who shall violate or assist in the
          violation of the provisions of this paragraph shall be
          guilty of a misdemeanor punishable as provided in
          section three hundred four.

9.   No fire-escape shall be removed from or constructed on any
     existing multiple dwelling without permission from the
     department. No fire-escape shall be removed from any
     apartment without due precaution against leaving occupants
     of such apartment without adequate means of egress in case
     of fire. A wire, chain cable, vertical ladder or rope fire-
     escape is an unlawful means of egress. Every such fire-
     escape, if required as a means of egress, shall be removed
     and replaced by a system of fire-escapes constructed and
     arranged as provided in this section.

10.  The department shall have the power to make supplementary
     regulations relating to fire-escapes.


Sec. 54.  Cellar entrance.

There shall be a direct entrance to the cellar, or to the lowest
story if there be no cellar, from the outside of every multiple
dwelling erected after April eighteenth, nineteen hundred twenty-
nine, except that in non-fireproof multiple dwellings erected
after such date which are three stories or less in height and
occupied by not more than two families on any story, any stair
leading to such cellar or lowest story may be located inside the
dwelling provided it is enclosed in fireproof walls and fireproof
doors and assemblies with the doors self-closing, at both the
level of such cellar or lowest story and that of the story above.
No such outside entrance existing in any multiple dwelling on
April eighteenth, nineteen hundred twenty-nine, shall be
obstructed.


Sec. 55.  Wainscoting.

1.   Whenever the surface of walls, partitions or ceilings in any
     apartment or suite of rooms of any non-fireproof multiple
     dwelling is covered, sheathed or wainscoted wholly or in
     part after April eighteenth, nineteen hundred twenty-nine,
     such covering shall be backed solidly with plaster. In
     fireproof multiple dwellings such covering shall be backed
     solidly and continuously or filled with incombustible
     material. In the case of walls and partitions in fireproof
     dwellings, such backing and filling shall extend to the
     fireproof floor construction and in non-fireproof dwellings
     to the floor beams. All such backing and filling shall be
     fire-stopped.

2.   No wood wainscoting other than fireproofed wood complying
     with the provisions of section fifty-eight shall be erected
     in any public hall, stair or shaft of any multiple dwelling.


Sec. 56.  Frame buildings and extensions.

1.   Except as provided in section one hundred ninety-three and
     subdivision seven of this section, no frame multiple
     dwelling shall be erected and no frame dwelling not used as
     a multiple dwelling on April eighteenth, nineteen hundred
     twenty-nine, shall be altered or converted to such use or
     occupancy.

2.   No existing frame multiple dwelling shall be increased in
     height nor shall it be altered to permit a greater occupancy
     on any story than provided for on April eighteenth, nineteen
     hundred twenty-nine; except that, if the walls of such a
     frame dwelling are faced with brick veneer or with another
     material or combination of materials having a fire resistive
     rating of at least one hour, and the entrance story thereof
     is occupied by not more than one family, such entrance story
     may be altered so that it may be occupied by not more than
     two families.

3.   No frame building of any kind whatsoever shall be placed or
     built upon the same lot with any multiple dwelling.

4.   No multiple dwelling shall be placed or built upon the same
     lot with any frame building.

5.   No frame multiple dwelling, no wooden structure of any kind
     or class on the same lot with any frame dwelling or with any
     multiple dwelling, and no other building on the same lot
     with any frame dwelling, shall be altered or converted so as
     to be enlarged, extended or increased in height or bulk or
     in the number of rooms, apartments or dwelling units
     therein; except that:

     a.   An extension seventy square feet or less in ground area
          the side walls of which are of frame and brick filled
          or of masonry construction may be added to any existing
          frame multiple dwelling if used solely for bathrooms or
          waterclosets; and

     b.   An extension constructed with fireproof walls may be
          made to a frame building if the first story of such
          extension is used solely for business not prohibited by
          any local law or ordinance, or if such extension
          contains not more than one living room on any story. No
          yard or court shall be diminished by such extension so
          that its area or least dimension is less than required
          by this chapter for a yard or court of a multiple
          dwelling erected after April eighteenth, nineteen
          hundred twenty-nine.

6.   None used as a store or other non-residential use to no more
     than one additional dwelling unit; provided, however, that:
     (a) such space has been vacant for at least one year, and
     (b) such space has a minimum of three hundred square feet of
     floor area, and (c) the conversion must be for a class "A"
     use, and (d) said unit shall contain a cooking space and a
     complete bathroom, and (e) all walls and ceilings of the new
     dwelling unit shall be fire-retarded with one hour rated
     fire-retarding materials, and (f) the height and bulk of the
     dwelling shall not be increased, and (g) the dwelling will
     be in full compliance with this chapter and other related
     and local ordinances, except that the owner of said dwelling
     shall be entitled to consideration for variances permitted
     in subdivision one and subparagraph five of paragraph a of
     subdivision two of section three hundred ten of this chapter
     for multiple dwellings and buildings existing prior to
     November first, nineteen hundred forty-nine.


Sec. 57.  Bells; mail receptacles.

1.   Whenever bells are installed at the entrance to any multiple
     dwelling or at any door of an individual apartment in a
     multiple dwelling, they shall be kept in good working order.

2.   Whenever the owner of a multiple dwelling has not arranged
     for mail to be delivered to occupants thereof by himself,
     his agent or employees, arrangements shall be made for the
     delivery of such mail in conformity with regulations of the
     post office department.


Sec. 58.  Incombustible materials.

Except as may be specifically provided otherwise in this chapter,
all required incombustible materials, including fireproofed wood,
shall be capable of withstanding successfully standard fire tests
as prescribed by the building code. In the absence of any such
prescribed requirements, the department shall have the power to
make supplementary regulations relative to standard fire tests
for incombustible materials.


Sec. 59.  Bakeries and fat boiling.

1.   It shall be unlawful to construct or maintain a bakery or a
     place of business where fat is boiled in any non-fireproof
     multiple dwelling or upon the lot on which such dwelling is
     situated, unless the ceiling, side walls and all exposed
     iron or wooden beams, girders and columns within the said
     bakery or business place where fat is boiled, are covered
     with fireproof materials.

2.   There shall be no door, window, dumbwaiter shaft or other
     opening between such a bakery or business place where fat is
     boiled and any other part of the dwelling, except that:

     a.   There may be access to the public parts of the dwelling
          from any bakery maintained therein if the product of
          such bakery is consumed exclusively within such
          dwelling.

     b.   In a fireproof hotel where a retail bakery is
          maintained therein, there may be access to the public
          parts of the hotel, provided the door openings leading
          thereto from such bakery and the door assemblies are
          fireproof with the doors self-closing, and provided the
          public parts of such bakery premises are protected by
          one or more sprinkler heads.

     c.   In bakeries in which no fat is boiled and on the
          premises of which there is no apparatus for fat
          boiling, a dumbwaiter communicating between the place
          where the baking is done and a bakery store above may
          be maintained if entirely enclosed in a brick shaft
          with walls eight inches or more in thickness, without
          any openings whatever except one door opening into the
          bakeshop and one into the bakery store. Every such
          opening shall be provided with a fireproof door and
          assembly so arranged that when one door is open, the
          other is entirely closed.

3.   Every part of a bakery, its plumbing, and the yards and open
     spaces adjoining shall be kept in good repair, in sanitary
     condition and free from rodents and vermin.


Sec. 60.  Motor vehicle storage.

A space may be provided and maintained in any multiple dwelling
or upon the premises thereof, or a structure may be erected and
maintained at the rear or side thereof, for the storage of
passenger motor vehicles but only with a written permit therefor
when required by local law and in accordance with every
applicable local law, ordinance, resolution, code provision or
regulation and with the following provisions:

1.   a.   It shall be unlawful to sell, store, handle or
          furnish gasoline, oil or other fuel, or any article,
          accessory or service except storage, or to construct or
          maintain repair or grease pits in any such space or
          structure. The provisions of this section shall not
          prevent the keeping of such gasoline, oil or other fuel
          as may be contained in the tank of any such motor
          vehicle, and the cleaning or washing of such motor
          vehicles.

     b.   Such space or structure shall be used solely for the
          storage of passenger motor vehicles of the occupants of
          the multiple dwelling or of multiple dwellings under
          common ownership, except that, in the event such space
          or structure or part thereof is not used by such
          occupants, it may be rented by the owner or owners of
          such dwelling or dwellings to persons other than the
          occupants thereof. The space which has thus been rented
          shall be made available to an occupant within thirty
          days after written request therefor. Except as
          otherwise provided in paragraph d herein transient
          parking for any period of less than one month by non-
          occupants is unlawful. However, such space may be used
          also for the storage of any type of mechanical or motor-
          driven equipment or other accessory device or passenger
          bus required for the proper maintenance of the site and
          of the dwellings thereon.

     c.   If any of the provisions contained in paragraphs a and
          b of this subdivision is violated, the department
          charged with the enforcement of this chapter or the
          fire department shall order and direct that no motor
          vehicle may be stored or kept in such space or
          structure thereafter for such period as either
          department shall determine, and thereupon the permit
          shall be suspended and no motor vehicle shall be stored
          or kept in such space or structure for such period.

     d.   A city may, by local law or ordinance, or the duly
          constituted planning or appeal board or commission of a
          city may by granting an approval, exception or
          variance, authorize transient parking for any period of
          less than one month of motor vehicles in dwellings by
          non-occupants in any space that is not let to an
          occupant pursuant to the other provisions of this
          section. Such city may require a license and impose a
          fee therefor, and adopt supplementary rules,
          regulations and conditions under which such parking
          shall be permitted.

2.   a.   Every such space or structure shall be designed
          and constructed to accommodate not more than two
          passenger motor vehicles for each family in such
          multiple dwelling.

     b.   Such space or structure shall have a floor area within
          its enclosing walls not greater than three hundred
          square feet per vehicle for each such family, including
          car parking spaces and aisles.

     c.   Every such storage space or structure shall be
          fireproof throughout, except that any extension of such
          storage space or structure beyond the exterior walls of
          a fireproof dwelling not exceeding one story in height
          and any separate structure on the same lot as a
          fireproof dwelling may be of uncombustible material
          with a fire-resistive rating of at least two hours, if
          such extension or separate structure complies with the
          provisions of paragraph e of this subdivision.

     d.   When constructed within a multiple dwelling such
          storage space shall be equipped with a sprinkler system
          and also with a system of mechanical ventilation in no
          way connected with any other ventilating system. Such
          storage space shall have no opening into any other part
          of the dwelling except through a fireproof vestibule.
          Any such vestibule shall have a minimum superficial
          floor area of fifty square feet and its maximum area
          shall not exceed seventy-five square feet. It shall be
          enclosed with incombustible partitions having a fire-
          resistive rating of three hours. The floor and ceiling
          of such vestibule shall also be of incombustible
          material having a fire-resistive rating of at least
          three hours. There shall be two doors to provide access
          from the dwelling to the car storage space. Each such
          door shall have a fire-resistive rating of one and one-
          half hours and shall be provided with a device to
          prevent the opening of one door until the other door is
          entirely closed. One of these doors shall swing into
          the vestibule from the dwelling and the other shall
          swing from the vestibule into the car storage space.
          The door from the vestibule to the dwelling shall be at
          least twenty feet distant in a non-fireproof dwelling
          or twelve feet in a fireproof dwelling from any stair
          enclosure, elevator shaft, or any opening to any other
          vertical shaft. Such vestibule shall also be equipped
          with sprinklers and with an exhaust duct having a
          minimum cross-sectional area of one hundred forty-four
          square inches and shall not be connected with any other
          ventilating system.

     e.   Such storage space may be extended beyond the exterior
          walls of a fireproof dwelling without any separating
          walls between its interior and exterior portion
          provided that such extension is roofed over and
          equipped with sprinklers throughout. Such extension
          shall be open to the outer air on at least two sides
          and in no event shall more than fifty percent of its
          vertical surface area be enclosed in any manner. Any
          such extension shall not be deemed to be a storage
          space within a multiple dwelling. Any enclosed sub-
          surface space beneath such an extension shall however,
          comply with all the provisions of this section
          applicable to storage space within a multiple dwelling.
          Any portion of such extension of storage space or of a
          separate structure for such storage purposes
          appurtenant to a multiple dwelling which face any
          dwelling within a distance of twenty feet therefrom or
          which is within thirty feet of any living room window
          of any dwelling shall be unpierced except for door
          openings for vehicles. A separate structure for such
          storage purposes appurtenant to a multiple dwelling may
          adjoin such dwelling provided that the part of the wall
          separating such space from the dwelling is fireproof
          and unpierced, except by a fireproof vestibule as
          provided in subdivision d. Such extension or separate
          structure shall be adequately screened at grade level.
          That part of the roof of an extension within thirty
          feet of any living room window of any dwelling shall
          not be used for parking or storage of motor vehicles or
          the ingress thereto or egress therefrom by motor
          vehicles.

     f.   Any such structure one story in height or any extension
          of a storage space within a multiple dwelling beyond
          the exterior wall of such dwelling where such extension
          is one story in height, shall not be deemed an
          encroachment upon a yard or its equivalent or a court.
          Any such structure or extension in excess of such
          height shall be deemed an encroachment thereupon.

     g.   In a completely enclosed storage structure or a storage
          space within a multiple dwelling except for vehicle
          entrance doors, all doors, windows and their assemblies
          in the exterior walls of any such space or structure
          accommodating more than five motor vehicles shall be
          fireproof and such windows shall be either fixed
          windows or automatic fire windows and glazed with wire
          glass. Any door or vehicle entrance to such space or
          structure accommodating more than five motor vehicles
          shall be at least twenty feet distant from any door
          giving access to any required entrance hall from
          outside of the dwelling and shall be at least eight
          feet distant from any other entrance or exit of such
          dwelling. However, in such space the windows in an
          exterior wall which faces the street may be of
          incombustible material and be glazed with plain glass,
          provided that such windows are thirty feet or more,
          measured in a horizontal direction, from any opening in
          the exterior wall of the dwelling.

     h.   Notwithstanding any other provision of this section
          when such storage space or structure is designed and
          constructed within or appurtenant to a converted
          dwelling to accommodate not more than three motor
          vehicles, (1) the ceiling and the enclosing walls may
          be of materials having a fire-resistive rating of not
          less than one hour and the floors shall be fireproof;
          (2) only one opening shall be permitted in the
          enclosure partition between the garage and the dwelling
          and such opening shall be protected by a fireproof door
          and assembly with the door self-closing; (3) a
          sprinkler system for such space shall not be required;
          and (4) in lieu of mechanical ventilation, such space
          may have fixed ventilation of not less than one hundred
          and forty-four square inches for each motor vehicle.

3.   The agency of a city authorized by law to make rules
     supplemental to laws regulating construction, maintenance,
     use and area of buildings and to grant variances of the
     zoning resolution shall have the power to make rules to
     supplement the requirements of this section and, after
     public hearing, may grant variances of local laws,
     resolutions, code provisions or regulations which are more
     restrictive than the provisions of this section, subject to
     such conditions as, in the opinion of such agency, will best
     promote health, safety and welfare and carry out the
     permissive intent of this section. All owners of property
     within a radius of one hundred fifty feet of the entrance or
     entrance passage to such space or structure shall be duly
     notified of any such public hearing and shall be given due
     opportunity to be heard thereon. Nothing in this section
     shall be deemed to prohibit the use of a part of such lot or
     plot as a parking area for the exclusive use of the
     occupants of such dwelling.

4.   No parking area or space to be used for the storage of motor
     vehicles upon the premises of a multiple dwelling shall
     encroach upon any part of the lot or plot which is required
     by any provision of this chapter to be left open and
     unoccupied.

5.   None of the provisions of this section shall be construed as
     permitting such space or structure or part thereof to be
     rented or leased for the storage or warehousing of passenger
     or commercial type of motor vehicles, which are part of
     stock of any person, firm or corporation engaged in the
     purchase, sale or rental of such motor vehicles.


Sec. 61.  Business uses.

1.   Except as may be otherwise provided by any local law,
     ordinance, rule or regulation, business may be conducted in
     any multiple dwelling including:

     a.   Baking and fat-boiling as provided in section fifty-
          nine,

     b.   Storage of passenger motor vehicles as provided in
          section sixty, and

     c.   Any manufacturing business in which seven or more
          persons are employed, or any employment agency as
          defined in section one hundred seventy-one of the
          general business law other than a non-profit employment
          agency in a fireproof class B multiple dwelling owned
          and occupied by a non-profit corporation organized for
          and engaged exclusively in promoting religious,
          education or philanthropic purposes, provided that
          every means of egress from such a business space shall
          be separate and distinct from and without means of
          communication with any means of egress from the
          dwelling portion of the building.

2.   The number of means of egress from the portion of any
     multiple dwelling where business is conducted shall be in
     conformity with those provisions of the local laws,
     ordinances, rules and regulations covering means of egress
     from buildings in which a like business is conducted.

3.   There shall be no manufacturing business conducted above the
     second floor of any non-fireproof multiple dwelling.

4.   Where business is conducted in any multiple dwelling erected
     before April eighteenth, nineteen hundred twenty-nine, such
     business space shall also comply with all the following
     requirements in a manner which the department shall deem
     adequate to prevent the spread of fire:

     a.   Within or appurtenant to such space, all pipe chases
          and openings around flues shall be fire-stopped, and
          such flues shall be kept in good order and repair.

     b.   All other openings from such space into non-fireproof
          shafts or into entrance halls shall either be sealed
          with fire-retarded material or equipped with a self-
          closing fire-retarded door or window with fire-retarded
          assemblies.

5.   Where business is conducted in any non-fireproof multiple
     dwelling erected after April eighteenth, nineteen hundred
     twenty-nine, the walls and ceiling of such business space
     shall be fire-retarded. The department may also require the
     walls and ceilings of any business space in any multiple
     dwelling erected before such date to be fire-retarded when
     the department shall deem such requirement necessary for the
     protection of the occupants.

6.   If the ground story of any non-fireproof multiple dwelling
     is extended for business purposes, the underside of the roof
     of such extension shall be fire-retarded. If there are fire-
     escapes above such extension, its roof shall be fireproof.


Sec. 62.  Parapets, guard railings and wires.

1.   Every open area of a roof, terrace, areaway, outside stair,
     stair landing, retaining wall or porch and every stair
     window of a multiple dwelling erected after April
     eighteenth, nineteen hundred twenty-nine, shall be protected
     in a manner approved by the department by a parapet wall or
     a guard railing three feet six inches or more in height
     above the level of such area, or, in the case of a stair
     window, above the level of the floor adjacent thereto,
     unless the department shall deem that such protection is not
     necessary for safety. In any multiple dwelling where a
     bulkhead door or scuttle cover opens within four feet of the
     edge of the roof, that part of the roof which is immediately
     adjacent to such door or cover shall be adequately
     protected. Such protection shall consist of guard rails or
     parapet walls extending at least three feet six inches above
     the level of the roof, and shall be arranged and placed in a
     manner approved by the department, but shall not be required
     for such bulkhead door or scuttle cover when the bulkhead or
     scuttle on such dwelling is immediately adjacent to, and
     also on the same level as or on a lower level than, the roof
     of a contiguous building. This subdivision shall not apply
     to the open area of a roof of a garden-type maisonette
     dwelling project.

2.   All radio, antennae or other wires over any roof shall,
     unless otherwise permitted by the department, be kept ten
     feet or more above such roof, and no radio, television
     antennae or other wires shall be attached to any fire escape
     or to any soil or vent line extending above the roof.


Sec. 63.  Sub-curb uses.

1.   When any living room is below the level of the highest curb
     in front of any multiple dwelling erected after April
     eighteenth, nineteen hundred twenty-nine, in accordance with
     the provisions of paragraph f of subdivision one of section
     thirty-four, all portions of such dwelling below such level
     shall be fireproof throughout except that windows therein
     need not be fireproof but shall be of incombustible material
     and may be glazed with plain glass.

2.   Except in multiple dwellings which do not exceed eighty feet
     in height measured from the lowest point of any curb on
     which any part of the dwelling faces, at least one means of
     egress from any apartment or suite of rooms below the level
     of the highest curb in front of such a dwelling shall lead
     directly to the street in front of said dwelling and at
     least one such means to the yard or street in the rear of
     said dwelling. Every yard in the rear of every such multiple
     dwelling, regardless of the height of such dwelling, shall
     at the lowest level of such yard be provided with a fire
     passage in compliance with the requirements for such a
     passage in paragraph f of subdivision five of section twenty-
     six.

3.   Notwithstanding any other provisions of this section the
     department may require such additional means of egress from
     the said dwelling or protection from fire as the department
     may deem necessary for the safety of the occupants.


Sec. 64.  Lighting; gas meters; gas and oil appliances.

1.   Every multiple dwelling after July first, nineteen hundred
     fifty-five, shall be adequately equipped throughout all
     stories and cellars for lighting by gas or electricity, with
     proper fixtures at every light outlet, including lighting
     for all means of egress leading to the street, yards or
     courts, and for every room, water-closet compartment,
     bathroom, stair or public hall.

2.   No gas meter, other than a replacement meter, installed in a
     multiple dwelling after July first, nineteen hundred fifty-
     five, shall be located in any boiler room or other room or
     space containing a heating boiler, nor in any stair hall,
     nor in any public hall above the cellar or above the lowest
     story if there is no cellar, except that in any multiple
     dwelling where there is an existing gas meter located in any
     boiler room or other room or space containing a heating
     boiler, one additional gas meter may be installed in such
     room or space, provided such additional gas meter is
     installed adjacent to such existing gas meter and is used in
     conjunction with the supply of gas for a gas-fired heating
     boiler or a gas-fired water heater used as a central source
     of supply of heat or hot water for the tenants residing in
     such multiple dwelling. Such additional gas meter may be
     installed only upon condition that space heaters or hot
     water appliances in the apartments are eliminated. For the
     purposes of this subdivision, the term "gas meter" shall not
     include any instrument, device or apparatus used to measure
     the consumption of gas where no gas, manufactured, natural
     or mixed, is contained in or flows through such instrument,
     device or apparatus, provided that such instrument, device
     or apparatus is approved by and installed under the
     supervision of the city agency vested by law with
     jurisdiction to inspect and test wiring and appliances for
     electric light, heat and power and provided further that the
     location of such instrument, device or apparatus is approved
     by the department.

3.   It shall be unlawful to place, use, or to maintain in a
     condition intended, arranged or designed for use, any gas-
     fired cooking appliance, laundry stove, heating stove, range
     or water heater or combination of such appliances in any
     room or space used for living or sleeping in any new or
     existing multiple dwelling unless such room or space has a
     window opening to the outer air or such gas appliance is
     vented to the outer air. All automatically operated gas
     appliances shall be equipped with a device which shall shut
     off automatically the gas supply to the main burners when
     the pilot light in such appliance is extinguished. A gas
     range or the cooking portion of a gas appliance
     incorporating a room heater shall not be deemed an
     automatically operated gas appliance. However, burners in
     gas ovens and broilers which can be turned on and off or
     ignited by non-manual means shall be equipped with a device
     which shall shut off automatically the gas supply to those
     burners when the operation of such non-manual means fails.
     All gas appliances shall be connected directly to the gas
     supply by means of rigid piping or other approved connectors
     or connections of incombustible materials. All such
     automatically operated gas appliances and devices shall be
     approved by the local agency empowered to grant the same.

4.   It shall be unlawful to use, or to maintain in a condition
     intended, arranged or designed for use, in any multiple
     dwelling any oil-burning equipment for heating or cooking,
     unless such equipment has been approved for design,
     manufacture and appropriate safety and ventilating
     requirements by the local board of standards and appeals;
     provided, however, that in a city having a population of one
     million or more, approval of such equipment for use in any
     multiple dwelling shall be made by the commissioner of
     buildings or the fire commissioner, as appropriate, in
     accordance with local law.

5.   All appliances in use after June thirtieth, nineteen hundred
     fifty-five, shall conform to the provisions of subdivisions
     three and four of this section except that appliances now in
     use shall conform to such provisions not later than June
     thirtieth, nineteen hundred fifty-six.


Sec. 65.  Boiler rooms.

1.   Except as hereafter provided, in every multiple dwelling
     erected after April eighteenth, nineteen hundred twenty-
     nine, which is four stories or more in height the boiler
     shall be enclosed in a room or space constructed with
     fireproof walls extending from the floor construction to the
     ceiling construction, and all openings therefrom to other
     portions of the dwelling shall be equipped with fireproof
     doors and assemblies with the doors self-closing. However,
     in all multiple dwellings, on and after January first,
     nineteen hundred sixty-six, a room or space provided with a
     central heating plant shall be completely enclosed with
     incombustible materials having a standard fire-resistive
     rating of at least one hour.

2.   In such a dwelling access to a cellar or lowest story in
     which a boiler is located shall not be through any boiler
     room, nor shall any cellar or basement stair or any shaft be
     installed within a boiler room.

3.   The department shall have the power to make supplementary
     regulations relating to boiler or furnace rooms.


Sec. 66.  Lodging houses.

1.   It shall be unlawful to occupy any lodging house unless such
     dwelling conforms to the provisions of the specific sections
     enumerated in section twenty-five to the extent required
     therein, including the provisions of this section, and to
     all other applicable provisions of this chapter.

2.   a.   No wood or other combustible facing shall be
          permitted on the walls, partitions or ceilings of
          entrance halls or other public halls or stairs, except
          a flat baseboard ten inches or less in height. The
          stair string, handrails, soffits, fascias, railings,
          balustrades and newel posts shall be constructed of
          hard incombustible material and shall be of such sizes
          and secured in such manner as approved by the
          department.

     b.   The walls and ceilings of all entrance halls, stair
          halls and other public halls and stairs shall be fire-
          retarded on the hall or stair side with half-inch
          plaster board covered with twenty-six gauge metal or
          other materials approved by the department.

     c.   Except partitions forming existing cubicles, flat
          baseboards not more than ten inches high and door and
          window assemblies not otherwise required to be fire-
          retarded, all wood partitions and all combustible
          coverings on walls or partitions throughout the portion
          of the dwelling used for lodging-house purposes shall
          be protected with incombustible material approved by
          the department.

     d.   The cellar ceiling and the ceiling of every story shall
          be fire-retarded. The department may accept an existing
          ceiling if it is in good condition and plastered, or
          covered with metal or with half-inch plaster board
          covered with metal, or other materials approved by the
          department, except that the ceiling over and the floor
          beneath any furnace, stove, boiler or hot-water heater
          shall be fire-retarded and such fire-retarding shall
          extend for a distance of at least four feet beyond the
          sides and rear and eight feet in front of such furnace,
          stove or heater. Metal breechings and flues connected
          to such devices shall be made secure and be protected
          in conformity with regulations adopted by the
          department.

     e.   Every window not opening to the outer air in an
          entrance, stair or other public hall shall be removed,
          and the opening closed and fire-retarded, except that
          interior windows or similar openings in partitions
          forming the enclosure of entrance, stair or other
          public halls may be retained if they are used in the
          operation and maintenance of the lodging house and are
          protected by automatic fire windows.

     f.   There shall be one or more completely enclosed
          compartments remote from any stairway for the storage
          of mattresses, linens, brooms, mops and other
          paraphernalia incidental to the occupancy and
          maintenance of the lodging house, and such
          paraphernalia shall be stored in no other portion of
          such dwelling. The partitions forming each such
          compartment shall be fire-retarded and shall be
          provided with a fireproof door and door assembly with
          the door self-closing. Each such compartment shall be
          ventilated in accordance with regulations adopted by
          the department. Any space which is used for the storage
          of mattresses, in addition to conforming to the other
          provisions of this section, shall be provided with a
          window ten square feet or more in area, and such window
          shall open upon a street or yard.

     g.   There shall be provided on each lodging-house story one
          or more containers of metal or other hard incombustible
          material, with self-closing lids, in which all scrap
          and refuse of a combustible nature shall be placed
          until its disposal.

     h.   Insecticides and other fluids containing inflammable,
          volatile or combustible material shall be stored in a
          completely enclosed fire-retarded room or compartment,
          ventilated in accordance with regulations adopted by
          the department, and only under authority of a permit
          from the fire department.

3.   a.   In non-fireproof lodging houses there shall be in
          all dormitories, entrance and other public halls,
          stairs, storage rooms, cellars and other parts of the
          dwelling an automatic wet-pipe sprinkler system,
          installed and maintained in conformity with regulations
          adopted by the department. In connection with such
          sprinkler system there shall be an automatic closed-
          circuit alarm system so arranged and installed as to
          give warning, at a recognized central station
          satisfactory to the fire department, of the closure of
          any valve controlling water supply to any of the
          sprinklers and of the operation of any sprinkler head.
          Such alarm system shall also be so installed and
          maintained that when a sprinkler operates an alarm bell
          satisfactory to the fire department, eight inches in
          diameter or at least capable of being heard clearly
          throughout the room, will sound in each dormitory and
          in the office of the lodging house, and that such alarm
          system can also be operated manually. Such sprinkler
          and alarm systems shall have supervisory and
          maintenance service satisfactory to the department and
          the fire department respectively. Any existing fire
          alarm or sprinkler system which can be altered or
          adapted to meet the requirements of this paragraph may
          be so used instead of a completely new system.

     b.   In fireproof lodging houses all dormitories, entrance
          and other public halls, stairs, storage rooms, cellars
          and other parts of the dwelling shall either be
          equipped with a combined sprinkler and fire alarm
          system as required for the lodging houses provided for
          in paragraph a or be equipped throughout with an
          automatic, thermostatic, closed-circuit fire alarm
          system. Such alarm system shall be so arranged and
          installed that it can also be operated manually and
          that it will give warning, at a recognized central
          station satisfactory to the fire department, of the
          operation of any part of the alarm system. Such alarm
          system shall also be so installed and maintained as to
          actuate an alarm bell satisfactory to the fire
          department and at least eight inches in diameter in
          each dormitory in the dwelling and in the lodging-house
          office when the alarm system operates. Such alarm
          system shall have supervisory and maintenance service
          satisfactory to the fire department.

4.   a.   There shall be at least two means of unobstructed
          egress from each lodging-house story, which shall be
          remote from each other. The first means of egress shall
          be to a street either directly or by an enclosed stair
          having unobstructed, direct access thereto. If the
          story is above the entrance story, the second means of
          egress shall be by an outside fire-escape constructed
          in accordance with the provisions of section fifty-
          three or by an additional enclosed stair. Such second
          means of egress shall be accessible without passing
          through the first means of egress.

     b.   All doors opening upon entrance halls, stair halls,
          other public halls or stairs or elevator, dumbwaiter or
          other shafts, and the door assemblies, shall be
          fireproof with the doors made self-closing by a device
          approved by the department, and such doors shall not be
          held open by any device whatever. All openings on the
          course of a fire-escape shall be provided with such
          doors and assemblies or with fireproof windows and
          assemblies, with the windows self-closing and glazed
          with wire glass, such doors or windows and their
          assemblies to be acceptable to the department.

     c.   There shall be unobstructed aisles providing access to
          all required means of egress in all dormitories. Main
          aisles, approved as such by the department to provide
          adequate approaches to the required means of egress,
          shall be three feet or more in width, except that no
          aisle need be more than two feet six inches wide if it
          is intersected at intervals of not more than fifty feet
          by crossover aisles at least three feet wide leading to
          other aisles or to an approved means of egress.

     d.   Every required means of egress from the lodging-house
          part of the dwelling shall be indicated by a sign
          reading "EXIT" in red letters at least eight inches
          high on a white background illuminated at all times
          during the day and night by a light of at least twenty-
          five watts or equivalent illumination. Such light shall
          be maintained in a keyless socket.  On all lodging-
          house stories where doors, openings, passageways or
          aisles are not visible from all portions of such
          stories, and in other parts of the dwelling which may
          be used in entering or leaving the lodging-house part
          and in which a similar need exists, signs with easily
          readable letters as least eight inches in height, and
          continuously and sufficiently illuminated by artificial
          light at all times when the natural light is not
          sufficient to make them easily readable, shall be
          maintained in conspicuous locations, indicating the
          direction of travel to the nearest means of egress. At
          least one such sign shall be easily visible from the
          doorway of each cubicle.

     e.   Access from the public hall at the top story to the
          roof shall be provided by means of a bulkhead or a
          scuttle acceptable to the department. Every such
          scuttle and the stair or ladder leading thereto shall
          be located within the stair enclosure.

5.   The number of persons accommodated on any story in a lodging
     house shall not be greater than the sum of the following
     components.

     a.   Twenty-two persons for each full multiple of twenty-two
          inches in the smallest clear width of each means of
          egress approved by the department, other than a fire-
          escape.

     b.   Twenty persons for each lawful fire-escape accessible
          from such story if it is above the entrance story.

6.   Existing cubicles complying with all other provisions of
     this section may be maintained, provided the top of the
     enclosure of every cubicle is at least two feet from the
     ceiling. Any rearrangement of existing cubicles that may be
     made necessary by the provisions of this section shall be
     lawful. Cubicles authorized by this section shall not be
     considered rooms or alcoves but parts of the rooms in which
     they are constructed.

7.   The department shall cause all lodging houses to be
     inspected at intervals of three months or less. All sections
     and parts of every lodging house shall also be inspected by
     a clerk or watchman in the employ of the owner at least once
     in every two hours.

8.   a.   The department shall have power to make
          supplementary regulations relating to fire-escapes,
          protection from fire, and the installation of sprinkler
          systems in lodging houses and the fire department shall
          have power to make such regulations relating to fire
          alarms therein.

     b.   Nothing in this section shall be deemed to abrogate any
          powers or duties vested in the fire commissioner or the
          fire department of the city of New York by chapter
          nineteen of the administrative code of the said city.


Sec. 67.  Hotels and certain other class A and class B dwellings.

1.   It shall be unlawful to occupy any class A or class B
     multiple dwelling, including a hotel, unless it conforms to
     the provisions of the specific sections enumerated in
     section twenty-five to the extent required therein,
     including the applicable provisions of this section and all
     other applicable provisions of this chapter except that the
     provisions of this section shall not apply to:

     a.   Converted dwellings;

     b.   Tenements;

     c.   Lodging houses;

     d.   Class A multiple dwellings erected under plans filed
          with the department after April eighteenth, nineteen
          hundred twenty-nine.

2.   Any such multiple dwelling, altered or erected after April
     fifth, nineteen hundred forty-four, and which is required to
     conform to the provisions of articles one, two, three, four,
     five, eight, nine and eleven, shall not be required to
     conform to the provisions of subdivisions three, six, nine
     and ten of this section.

3.   The walls and ceiling of every entrance hall, stair hall or
     other public hall, every hall or passage not within an
     apartment or suite of rooms, every dumb-waiter, elevator,
     and, except as provided in paragraph d of subdivision six,
     every other shaft, including stairs, connecting more than
     two successive stories, shall be sealed off from every other
     portion of the dwelling with fire-retarding materials
     approved by the department, or, in lieu thereof, except in
     the case of elevator shafts, shall be equipped with one or
     more automatic sprinkler heads. Nothing contained herein
     shall be deemed to exempt from enclosure an interior
     required means of egress. The provisions of this subdivision
     and similar requirements of section sixty-one shall not
     apply to a store or space used for business on any story
     where there are no sleeping rooms, when such store or space
     is protected with sprinkler heads.

4.   There shall be one or more completely enclosed compartments
     for the storage of mattresses, furniture, paints, floor wax,
     linens, brooms, mops and other such inflammable or
     combustible paraphernalia incidental to the occupancy and
     maintenance of the dwelling, and such paraphernalia shall be
     stored in no other portion of such dwelling. Such
     compartments shall be completely protected by one or more
     automatic sprinkler heads. Every door from any such
     compartment shall be self-closing. Closets which do not
     exceed one hundred square feet in floor area may be used for
     the temporary storage of such paraphernalia, except
     mattresses, furniture, paints and insecticides containing
     inflammable materials and are excluded from the requirements
     of this subdivision.

5.   All kitchens and pantries serving restaurants in such non-
     fireproof dwellings shall be equipped with one or more
     automatic sprinkler heads.

6.   Except in fireproof class A multiple dwellings erected under
     plans filed after January first, nineteen hundred twenty-
     five, and which were completed before December thirty-one,
     nineteen hundred thirty-three, and except as otherwise
     provided in paragraph c of this subdivision, in every such
     dwelling three or more stories in height there shall be from
     each story at least two independent means of unobstructed
     egress located remote from each other and accessible to each
     room, apartment or suite.

     a.   The first means of egress shall be an enclosed stair
          extending directly to a street, or to a yard, court or
          passageway affording continuous, safe and unobstructed
          access to a street, or by an enclosed stair leading to
          the entrance story, which story shall have direct
          access to a street. That area of the dwelling
          immediately above the street level and commonly known
          as the main floor, where the occupants are registered
          and the usual business of the dwelling is conducted,
          shall be considered a part of the entrance story; and a
          required stair terminating at such main floor or its
          mezzanine shall be deemed to terminate at the entrance
          story. An elevator or an unenclosed escalator shall
          never be accepted as a required means of egress.

     b.   The second means of egress shall be by an additional
          enclosed stair conforming to the provisions of
          paragraph a of this subdivision, a fire-stair, a fire-
          tower or an outside fire-escape. In a non-fireproof
          dwelling when it is necessary to pass through a stair
          enclosure which may or may not be a required means of
          egress to reach a required means of egress, such stair
          enclosure and that part of the public hall or corridor
          leading thereto from a room, apartment or suite, shall
          be protected by one or more sprinkler heads; in a
          fireproof dwelling only that part of the hall or
          corridor leading to such stair enclosure need be so
          protected.

     c.   Where it is impractical in such existing dwellings to
          provide a second means of egress, the department may
          order additional alteration to the first means of
          egress and to shafts, stairs and other vertical
          openings as the department may deem necessary to
          safeguard the occupants of the dwelling, may require
          the public halls providing access to the first means of
          egress to be equipped on each story with one or more
          automatic sprinkler heads, and, in non-fireproof
          dwellings, may also require automatic sprinkler heads
          in the stair which serves as the only means of egress.

     d.   Nothing in this section shall be deemed to require the
          enclosure of a stair which is ornamental provided such
          stair does not connect more than two stories.

     e.   A stair, fire-stair, fire-tower or fire-escape which is
          supplementary to the egress requirements of paragraphs
          a, b and c of this subdivision need not lead to the
          entrance story or to a street, or to a yard or a court
          which leads to a street, provided the means of egress
          therefrom is approved by the department.

7.   a.   All doors opening from shafts, stair halls or
          stairs and the door assemblies shall be fire-resistive
          with the doors self-closing and without transoms or any
          other opening.

     b.   All other doors opening upon entrance halls or other
          public halls or corridors in every part of the dwelling
          shall be self-closing. In non-fireproof dwellings any
          existing openings in such doors, except in doors to
          public toilet rooms or bathrooms, shall be closed and
          sealed in such manner as to provide a fire-resistive
          rating equal to the fire-resistive rating of the
          remainder of the door. Except as provided in this
          paragraph, any existing transoms over such doors in
          such non-fireproof dwellings shall be firmly secured in
          a closed position, or removed and the openings closed,
          in a manner satisfactory to the department. If such
          doors or transoms are glazed with plain glass, such
          glass shall be removed and replaced with wire glass one-
          quarter of an inch in thickness or replaced with
          material approved by the department. In non-fireproof
          dwellings existing transoms or ventilating louvres in
          public halls or corridors, and any openings in
          partitions separating sleeping rooms from public halls
          or corridors to provide ventilation, need not be
          replaced, closed or sealed provided such public halls
          or corridors are protected by automatic sprinkler
          heads. When existing ventilating louvres are located in
          the lower half of any such door they may be retained
          and new ventilating louvres may be installed in the
          lower half of any new or existing doors provided the
          openable area of every such louvre does not exceed one
          hundred forty-four square inches and the bottom of the
          opening is one foot or more above the finished floor of
          the public hall or corridor upon which such door opens
          and, in such case, no sprinkler system shall be
          required.

     c.   Every existing interior glazed sash, window or opening,
          other than a door, in any partition forming required
          enclosures around stairs or shafts shall be removed and
          the openings closed up and fire-retarded. Where an
          existing sash provides borrowed light to a public hall
          or corridor from a living room and there is no glass
          panel in the door providing access to such room, such
          sash shall be made stationary in a closed position and
          be glazed with wire glass one-quarter inch in
          thickness, or be entirely removed and the opening
          closed up with incombustible material.

     d.   All openings which provide direct access to a fire-
          escape from a public hall or corridor shall be equipped
          with fireproof doors and assemblies with the door self-
          closing or fireproof windows glazed with clear wire
          glass. Doors providing access to fire-escapes from
          public halls or corridors may be glazed with clear wire
          glass.

     e.   It shall be unlawful to attach to or maintain on or
          about any door required to be self-closing any device
          which prevents the self-closing of such door.

8.   a.   (i)  Every means of egress shall be indicated by a
          sign reading "EXIT" in red letters at least eight
          inches high on a white background, or vice versa,
          illuminated at all times during the day and night by a
          red light of at least twenty-five watts or equivalent
          illumination. Such light shall be maintained in a
          keyless socket. On all stories where doors, openings or
          passageways giving access to any means of egress are
          not visible from all portions of such stories, lighted
          or reflective directional signs shall be maintained in
          conspicuous locations, indicating in red on a white
          background, or vice versa, the direction of travel to
          the nearest means of egress. In addition to being
          posted in conspicuous locations, such signs located
          near the floor, giving direction to the nearest means
          of egress, shall also be maintained. At least one sign
          shall be visible from the doorway of each room or suite
          of rooms. Existing signs and illumination may be
          accepted if, in the opinion of the department, such
          existing signs and illumination serve the intent and
          purpose of this subdivision. Supplementary stairs, fire-
          stairs, fire-towers or fire-escapes which do not lead
          to the entrance story or to a street or to a yard or
          court, leading to a street, shall be clearly marked
          "NOT AN EXIT" in black letters at least four inches
          high on a yellow background and at the termination of
          each such stair, fire-stair, fire-tower or fire-escape,
          there shall be a directional sign indicating the
          nearest means of egress leading to a street. All signs
          shall be constructed, located and illuminated in a
          manner satisfactory to the department.

     b.   On each floor of every hotel or motel having two or
          more stories where the rooms or suites of rooms are
          connected by an interior hallway, there shall be posted
          by each stairway, elevator or other means of egress a
          printed scale floor plan of the particular story, which
          shall show all means of egress, clearly labeling those
          to be used in case of fire. Such signs shall be posted
          in other conspicuous areas throughout the building.
          Said floor plan shall be no smaller than eight inches
          by ten inches and shall be posted in such a manner that
          it cannot be readily removed.

9.   The ceiling of the story immediately below the entrance
     story shall be fire-retarded or be equipped with one or more
     sprinkler heads. Any boiler or furnace room within the
     dwelling used in connection with supplying heat or hot water
     shall be enclosed with fire-retarded partitions and every
     door opening therefrom and its assembly shall be fireproof
     with the door self-closing. The ceiling of such room shall
     also be fire-retarded or be equipped with one or more
     sprinkler heads.

10.  a.   There shall be provided in the roof directly over
          each stair, fire-stair, fire-tower, dumb-waiter,
          elevator or similar shaft which extends to or within
          one story of a roof, a ventilating metal skylight
          having horizontal dimensions equal at least to seventy-
          five per centum of the cross-sectional area of such
          shaft. Such skylight need not, however, exceed twenty
          square feet in area. Where an existing skylight is
          smaller than the dimensions or area prescribed in this
          paragraph, no structural change shall be required, but
          a ventilating metal skylight fitting the existing
          opening in the roof shall be sufficient. Every skylight
          shall be glazed with plain glass in the roof of such
          skylight and shall be equipped with metal screens over
          and under the skylight. In lieu of a skylight a window
          of the same area at the top story shall be accepted.

     b.   Whenever there is a flooring of solid construction at
          the top of any enclosed stair, fire-stair, fire-tower,
          elevator or similar shaft, openings shall be left near
          the top of such shaft for ventilation. Such openings
          shall provide at least two hundred eighty-eight square
          inches of unobstructed ventilation and shall
          communicate directly with the outer air, or be
          otherwise ventilated in accordance with the provisions
          of the local building code.

     c.   It shall be unlawful to discharge into any such shaft
          any inflammable or volatile gases, liquids or other
          thing or matter which would endanger life.

11.  a.   There shall be a fire-retarded bulkhead in the
          roof over, or connecting directly by means of a public
          hall with the highest portion of, every stair extending
          to the highest story below the main roof. Stairs
          leading to such bulkheads shall be fire-retarded as
          required for other public stairs and shall have at the
          top fireproof doors and assemblies with the doors self-
          closing. All stairs to required bulkheads shall be
          provided with a guide or handrail. A scuttle so
          constructed as to be readily opened may be substituted
          for a bulkhead in such dwellings two stories or less in
          height. Such scuttle shall be at least twenty-one
          inches in width and twenty-eight inches in length,
          covered on the outside with metal and provided with a
          stationary iron or steel ladder leading thereto.

     b.   When a dwelling has a pitched or sloping roof with a
          pitch or slope of more than fifteen degrees, no
          bulkhead or scuttle, or stair or ladder leading thereto
          shall be required.

     c.   A bulkhead door or scuttle shall never be self-locking
          and shall be fastened on the inside with movable
          rustproof bolts, hooks, or a lock which does not
          require a key to open from the inside of the dwelling.

     d.   Bulkheads and stairs leading thereto existing on April
          fifth, nineteen hundred forty-four, shall be permitted
          provided the stairs have such angle of ascent and
          treads of such dimensions as may be approved by the
          department.

12.  In every such dwelling containing thirty or more rooms used
     for living or sleeping purposes by transient occupants there
     shall be a closed-circuit interior fire alarm system. Such
     alarm system shall be so installed and maintained that it
     can be operated manually from any story to sound an alarm or
     alarms capable of being heard clearly in all parts of the
     dwelling. Such alarm system shall be installed, arranged and
     maintained in a manner satisfactory to the fire department.

13.  When the local building code requires a standpipe system
     such system shall comply with all of the applicable
     requirements of such code.

14.  In every such fireproof dwelling containing fifty or more
     rooms used for living or sleeping purposes by transient
     occupants and in every such non-fireproof dwelling
     containing thirty or more such rooms, the owner shall employ
     one or more watchmen or clerks whose duty it shall be to
     visit every portion of the dwelling at frequent regular
     intervals for the purpose of detecting fire or other sources
     of danger and giving immediate and timely warning thereof to
     all the occupants. There shall be provided a watchman's
     clock system or other device to record the movements of such
     watchman. Such system shall be installed, supervised and
     maintained in a manner satisfactory to the fire department.
     However, the provisions of this subdivision shall not apply
     where, throughout the dwelling, a closed-circuit, automatic,
     thermostatic fire-detecting system is installed which
     actuates a fire alarm, or where, throughout the dwelling, an
     approved-type automatic sprinkler system is installed which
     actuates a fire alarm by the flow of water through such
     system.

15.  a.   Nothing in this section shall be construed as
          permitting partitions or materials which are not
          fireproof in any fireproof dwelling; nor shall anything
          in this section be deemed to abrogate any powers or
          duties vested by law in the fire commissioner or fire
          department, except that an existing sprinkler
          installation, fire alarm or standpipe system which has
          been approved or accepted by the department having
          jurisdiction and installed before July first, nineteen
          hundred forty-eight, shall, after inspection by the
          said department, be deemed to be in compliance with the
          requirements of this section or may be altered or
          adapted to meet such requirements instead of a
          completely new installation or system.

b.   All automatic sprinkler heads required by this section shall
     be constructed to fuse at a temperature not higher than one
     hundred sixty-five degrees Fahrenheit, spaced so as to
     protect the area which is required to be sprinklered, and
     installed, arranged and maintained in conformity with
     regulations adopted by the department.

c.   For the purposes of subdivisions twelve and fourteen of this
     section, the term "transient occupancy" shall mean the
     occupancy of a room for living purposes by the same person
     or persons for a period of ninety days or less.


Sec. 68.  Smoke detecting devices.

1.   This section shall apply to all multiple dwellings, whenever
     constructed, provided however, that for the purposes of this
     section the term "multiple dwelling" shall also include any
     dwelling accommodation used as a temporary or permanent
     residence located in any building owned as a condominium or
     cooperative.

2.   (a)  The owner of every multiple dwelling to which the
          provisions of this section apply shall equip each
          apartment or other separate living unit in such
          multiple dwelling with approved and operational smoke
          detecting devices in conformity with the state fire
          prevention and building code; provided, however, that
          any multiple dwelling not subject to the provisions of
          such code may, in the alternative, be equipped with
          battery-operated smoke detecting devices of a type
          accepted by the division of housing and community
          renewal.

     (b)  In hotels and other class B multiple dwellings, and in
          any portion of a class A multiple dwelling used for
          single room occupancy, at least one smoke detecting
          device shall be located within each room used for
          sleeping purposes. In any other multiple dwelling or
          portion thereof, there shall be at least one smoke
          detecting device located within each apartment or
          separate living unit, in an area so that it is clearly
          audible in each bedroom or other room used for sleeping
          purposes, with intervening doors closed; provided,
          however, that no smoke detecting device be located more
          than ten feet from the entrance to any bedroom or other
          room used for sleeping purposes.

     (c)  Each smoke detecting device shall include a test device
          to permit the occupant to readily determine if it is
          operational.

     (d)  In addition to complying with the provisions of this
          section, the type, location, number, and manner of
          installation of smoke detecting devices shall be in
          accordance with standards prescribed by the state fire
          prevention and building code council.

3.   (a)  With respect to class A multiple dwellings, other
          than any portion of any such dwelling used for single
          room occupancy, and notwithstanding the provisions of
          section seventy-eight or any other provision of this
          chapter, or of any law or requirement, state or local,
          the duties of the owner and tenant with respect to
          smoke detecting devices installed pursuant to this
          section shall be as provided in subdivisions four and
          five of this section.

     (b)  With respect to a class B multiple dwelling, or any
          portion of a class A multiple dwelling used for single
          room occupancy, the provisions of subdivision five of
          this section shall not apply, and smoke detecting
          devices installed as required by this section shall be
          subject to the provisions of section seventy-eight of
          this chapter.

     (c)  The owner of every multiple dwelling shall keep such
          records as the state fire prevention and building code
          council shall prescribe relating to the installation
          and maintenance of smoke detecting devices in the
          building and make such records available to any local
          code enforcement official on request.

4.   In addition to initially providing and installing the smoke
     detecting devices, the owner shall:

     (a)  replace within thirty days after the receipt of written
          notice any such device which becomes inoperable within
          one year of the installation of such device due to a
          defect in the manufacture of such device and through no
          fault of the occupant of the apartment or other unit;

     (b)  upon the occurrence of a vacancy, replace or properly
          equip any such device which has been removed or
          rendered inoperable, so as to provide operational smoke
          detecting devices for any new tenant; and

     (c)  notify tenants in writing, individually or through
          posting of a notice in a common area of the building,
          of the respective duties of owners and tenants under
          this section.

5.   Except as provided in paragraph (b) of subdivision three of
     this section, the tenant shall keep and maintain any smoke
     detecting device installed pursuant to this section in good
     repair and replace any such device which becomes inoperable
     during his occupancy.

6.   An owner need not furnish or install a smoke detecting
     device where one has already been installed, provided that
     (a) the type of such device and the manner of its
     installation comply with the provisions of this section and
     the standards prescribed by the state fire prevention and
     building code council, (b) the existing device is tested and
     found to be operational, and (c) the existence of such
     device in lieu of an owner-furnished device is noted on the
     records kept by the owner pursuant to paragraph (c) of
     subdivision three of this section.

7.   This section shall not apply within cities with a population
     of one million or more, provided however, any local law in
     such cities relating to smoke detecting devices shall
     provide for the installation and maintenance of smoke
     detecting devices in dwelling accommodations located in
     buildings owned as condominiums or cooperatives.


                             TITLE 3
                      SANITATION AND HEALTH

Sec. 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.


Sec. 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 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 provided 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


=================================================================

                            ARTICLE 4
                  FIREPROOF MULTIPLE DWELLINGS

Section             100. Application of article four.

                             TITLE 1
                         FIRE PROTECTION

Section             101. Requirements for fireproof
                         construction.
                    102. Stairs.
                    103. Egress from apartments.
                    104. Bulkheads.
                    105. Separation and ventilation of
                         stairs.
                    106. Cellar and basement stairs.
                    107. Public halls.
                    108. Partitions.

                             TITLE 2
                           SANITATION

Section             115. Interior water-closets and
                         bathrooms.
                    116. Water-closets in certain class
                         B multiple dwellings.
                    117. Employees' water-closets.

=================================================================

Sec. 100. Application of article four.

The provisions of this article shall apply to fireproof multiple
dwellings erected after April eighteenth, nineteen hundred twenty-
nine, and to such dwellings only. They shall apply to all such
fireproof dwellings unless their application is expressly limited
to dwellings of a particular class. They shall apply in addition
to, and not in substitution for, the provisions of article three.


                             TITLE 1
                         FIRE PROTECTION

Sec. 101. Requirements for fireproof construction.

1.   Every such dwelling exceeding six stories or seventy-five
     feet in height shall be fireproof. No multiple dwelling
     shall be altered so as to exceed either of such heights
     without being made fireproof.

2.   In a fireproof multiple dwelling the walls, floors, roof,
     stairs and public halls shall all be fireproof except as
     provided in subdivision three. No beams, lintels or other
     structural members shall be of wood. No wood or other
     inflammable material shall be used in any of the partitions,
     furrings or ceilings. For the portion of a multiple dwelling
     more than one hundred fifty feet above the curb level, no
     wood shall be used except as provided in subdivision three
     and except for interior trim of windows.

3.   The foregoing requirements shall not be construed as
     prohibiting:

     a.   Elsewhere than within, or in the openings to, the
          public halls, stairs and shafts, the use of wood for
          sleepers, grounds, nailing blocks, underflooring,
          finish flooring, interior doors with their assemblies
          and saddles, floor base not more than one foot in
          height, picture and wall moulding, shelving, closet and
          kitchen fixtures, cupboards, cabinets and wardrobes.

     b.   The use of wood for windows and for interior trim and
          finish backed solidly against, or filled with,
          incombustible material when located not more than one
          hundred fifty feet above the curb level and elsewhere
          than within, or in the openings to, the public halls,
          stairs and shafts.

     c.   The use within apartments of wood for decorative wall
          paneling, wainscoting, mantels or other interior
          finish, and the use in an entrance hall of wall
          paneling or wainscoting made of fireproof wood or other
          material capable of successfully withstanding standard
          fire tests prescribed in the local building code and in
          a manner approved by the department.

     d.   Where fireproof doors are required, the use for such
          doors, with their assemblies and saddles, of material
          and construction capable of successfully withstanding a
          one-hour standard fire test prescribed in the local
          building code and in a manner approved by the
          department. Should any door required to be fireproof be
          found to have deteriorated so that it shall after
          installation fail to conform to the standard fire tests
          prescribed, such door shall be removed by the owner and
          replaced by him with a door capable of successfully
          withstanding such tests.

4.   All materials combustible in their natural state which are
     constructed, processed or protected so that they will not
     support combustion shall, before being installed in a
     multiple dwelling for any of the uses herein specified, be
     permanently identified by label or marking with the name of
     the manufacturer and the year of manufacture in a manner
     approved by the department.

5.   When required to be fireproof, any outer wall or any wall or
     partition which carries any load in addition to its own
     weight shall, unless otherwise in this chapter expressly
     required, be constructed of materials capable of
     successfully withstanding a four-hour standard fire test
     prescribed in the local building code and in a manner
     approved by the department. When required to be fireproof,
     any wall or partition which carries only its own weight,
     other than an outer wall, shall be constructed of materials
     capable of successfully withstanding a one-hour standard
     fire test prescribed in the local building code and in a
     manner approved by the department.


Sec. 102. Stairs.

1.   Except as otherwise specifically provided in subdivisions
     three and four and in paragraphs b to j inclusive of
     subdivision six, every multiple dwelling which exceeds two
     stories in height shall have at least two fire-stairs. Such
     fire-stairs shall extend from the entrance story to the roof
     and be equipped with fireproof self-closing doors glazed
     with wire glass and without transoms. No windows shall be
     required in such stairs, but any openings in exterior walls,
     except any window openings facing a street or yard, shall be
     equipped with fireproof frame and sash glazed with wire
     glass. Entrances to such fire-stairs shall be at least
     fifteen feet distant from each other and from the entrance
     to every other fire-stair or fire-tower, except that the
     distance between two such entrances may be less if they are
     on opposite sides of an elevator vestibule or other public
     hall or are separated by an elevator shaft. The doors giving
     access to such stairs shall not be held open by any device
     whatever.

2.   Every such fire-stair shall have an entrance on the entrance
     story from a street or an entrance at the side or rear of
     the dwelling from a yard, court or passageway having
     continuous, safe and unobstructed access to a street. Except
     as otherwise expressly provided in paragraphs b to j
     inclusive of subdivision six, in a dwelling not exceeding
     one hundred twenty-five feet in height every stair, fire-
     stair and fire-tower shall be at least three feet in clear
     width, and where only one fire-stair or fire-tower is
     required such fire-stair or fire-tower shall be at least
     three feet eight inches in clear width. In a dwelling
     exceeding one hundred twenty-five feet in height every
     required fire-stair shall be at least three feet eight
     inches in clear width from the entrance story up to a floor
     level not more than one hundred feet below the ceiling of
     the highest story, and above such level every fire-stair
     shall be at least three feet in clear width. Every stair
     landing at every floor level shall be at least three feet
     eight inches in clear width in every direction.

3.   Except in dwellings erected under plans filed with the
     department before April twenty-eighth, nineteen hundred
     thirty, and except as otherwise provided in paragraphs b to
     j inclusive of subdivision six there shall be horizontal
     access from every apartment to at least two fire-stairs, at
     least one of which shall be within seventy-five feet
     horizontally in the line of travel from a required means of
     egress from such apartment.

4.   Except as provided in paragraphs b, c and d of subdivision
     six, a fire-tower may be substituted for any required fire-
     stair. When a fire-tower is substituted for a fire-stair,
     such fire-tower shall comply with all the applicable
     requirements for the fire-stair it replaces and shall have
     its means of egress directly to a street or to a yard or
     court having direct, unobstructed access to a street without
     passing through any entrance hall; except that a fire-tower
     may have its means of egress into a public vestibule if such
     means is not more than fifteen feet from a street in the
     line of travel.

5.   The stairs in a tower or dwelling containing a passenger
     elevator and meeting the conditions of paragraphs f, g or h
     of subdivision six may conform to the provisions of such
     paragraph and paragraph i of such subdivision in lieu of the
     different provisions which would otherwise be applicable
     thereto.

6.   Under the special conditions described in paragraphs a to j
     inclusive and in the following table, which applies only to
     class A dwellings, stairs shall conform to the applicable
     provisions of such paragraphs and table.

     NOTE: TABLE FOUND IN CHAP. 234 OF THE LAWS OF 1964

     a.   Except as otherwise expressly provided in this
          paragraph and in paragraphs b to j inclusive of
          subdivision six, if the number of living rooms on any
          story above the entrance story exceeds forty, there
          shall be an additional fire-stair for each twenty
          living rooms or fraction thereof in excess of forty on
          any story above the entrance story. Such an additional
          fire-stair shall not be required if the number of
          living rooms on no story above the entrance story
          exceeds fifty and in addition the clear width of one
          fire-stair is at least one and one-half times the width
          specified for a fire-stair in subdivision two, the
          clear width of every public hall connected with such
          fire-stair is at least one and one-half times the width
          specified for a public hall in section one hundred
          seven and the clear width of every entrance hall
          connected with such fire-stair is at least one and one-
          half times the width specified for an entrance hall in
          section fifty. Any additional fire-stair constructed
          pursuant to this paragraph need not be carried to a
          greater height than the level of a roof, or of a
          terrace formed by a setback, above the highest story on
          which the number of rooms requires such additional
          stair. When any fire-stair terminates at the level of a
          setback of any outer wall, such setback shall form a
          terrace at least four feet in depth measured between
          the inside of the parapet wall and the wall of the
          dwelling and at least ten feet in length measured
          parallel to the wall of the dwelling.

     b.   In a class A dwelling or section thereof not exceeding
          six stories in height, for which plans shall have been
          filed in the department before September first,
          nineteen hundred fifty-one, only one stair shall be
          required, provided the number of apartments having
          access to such stair on each story does not exceed six
          and the aggregate number of living rooms in such
          apartments does not exceed twenty, except that the
          total number of rooms above the first story shall not
          exceed one hundred and the total number of apartments
          above the first story shall not exceed thirty. Such
          stair shall in addition comply with all the provisions
          of section one hundred forty-eight relating to stairs
          in non-fireproof dwellings, except that in lieu of a
          window such stair may have at each story an opening to
          a street or to a lawful yard or court other than a
          court on a lot line. Such opening shall be at least
          forty square feet in area and five feet in width, and
          shall be furnished with a properly secured guard
          railing at least five feet in height and approved by
          the department. Such opening shall be kept continuously
          open to the outer air. No means of egress from any
          apartment to such stair shall be more than twenty-five
          feet distant therefrom.

     c.   In a class A dwelling or section thereof not exceeding
          six stories in height only one stair shall be required,
          provided the number of living rooms on any story above
          the entrance story does not exceed twenty. If the
          number of living rooms on any story or section thereof
          above the entrance story exceeds twenty, there shall be
          an additional stair for each twenty rooms or fraction
          thereof on any such floor or section in excess of
          twenty, except that if the number of living rooms on no
          such story or section above the entrance story exceeds
          thirty, in lieu of an additional stair one stair and
          every public hall connected therewith may be four feet
          six inches in clear width. Such stair shall be
          completely separated from every other stair, fire-
          stair, fire-tower, public hall and shaft by fireproof
          walls. Doors to stairs, fire-stairs and fire-tower
          balconies from any public hall in such a dwelling or
          section shall be at least three feet wide, self-closing
          and fireproof, with their assemblies also fireproof.
          The panels of every such door shall be glazed with
          clear wire glass and no pane thereof shall exceed three
          hundred sixty square inches in area. Those portions of
          the enclosure partition which separate the public hall
          from the stair shall be glazed with wired plate glass
          at least one-quarter inch in thickness, with no pane
          more than three hundred sixty square inches in area, so
          as to provide so far as practicable an unobstructed
          view of the stair from each public hall. Glass panels
          shall be at least twelve inches and not more than
          sixteen inches above the floor of the public hall.
          Public halls providing access to any such enclosed
          stair shall be lighted and ventilated as prescribed for
          non-fireproof dwellings in section one hundred forty-
          nine. No means of egress from any apartment to such a
          stair shall be more than fifty feet distant therefrom.

     d.   In a class A dwelling or section thereof not exceeding
          six stories in height only one stair shall be required,
          provided the number of apartments having access to such
          stair at each story does not exceed eight and the
          aggregate number of living rooms in such apartments
          does not exceed twenty-five, except that the total
          number of living rooms above the first story shall not
          exceed one hundred twenty-five and the total number of
          apartments above the first story shall not exceed
          forty. No means of egress from any apartment to such
          stair shall be more than twenty-five feet distant
          therefrom. Doors and stair enclosures shall conform to
          the provisions of paragraph c.

     e.   In a dwelling conforming to the provisions of paragraph
          b, c or d the lowest story may be designated as a
          basement if such story is not used for living purposes
          but is used solely for storage or other general utility
          purposes accessory to the occupancy, use and management
          of the dwelling. Such a basement shall not be deemed a
          story in computing the height of the dwelling.

     f.   Every tower erected pursuant to plans on or after
          December fifteenth, nineteen hundred sixty-one in a
          fireproof dwelling shall be provided with at least one
          passenger elevator. Such elevator shall be operated
          between the ground story and the highest story of such
          tower containing any living room and horizontal access
          thereto shall be provided at each story for every
          apartment in the tower. Stairs in such a tower may
          comply with the following provisions of this paragraph
          in lieu of the different provisions otherwise
          applicable. In such case there shall be provided at
          least one fire-stair. If there are more than fifteen
          living rooms on any story of the tower, there shall be
          an additional fire-stair for each additional fifteen
          such rooms or fraction thereof. Every fire-stair so
          required shall extend from the top story of the tower
          to the entrance hall of the dwelling and be
          horizontally accessible from each story of every
          apartment in the tower. If the tower was erected under
          plans filed with the department on or after April
          twenty-eighth, nineteen hundred thirty, it shall also
          have an additional means of egress as provided in
          paragraph i of this subdivision.

     g.   In a dwelling in which one or more passenger elevators
          are operated with horizontal access from every
          apartment in the dwelling and in which every story has
          an area of not more than twenty-five hundred square
          feet exclusive of elevator shafts, public halls, stairs
          and fire-stairs and contains not more than fifteen
          living rooms, stairs may comply with the provisions of
          this paragraph in lieu of the different provisions
          otherwise applicable. In such case there shall be at
          least one fire-stair, and there need not be more than
          one, accessible from each apartment on each story and
          extending from the roof to the entrance story with
          unobstructed access to a street. If the dwelling was
          erected under plans filed with the department on or
          after April twenty-eighth, nineteen hundred thirty, it
          shall also have an additional means of egress as
          provided in paragraph i.

     h.   When a dwelling is divided into sections by unpierced
          fireproof construction extending from the second tier
          of beams above the ground story to the roof, and one or
          more passenger elevators are operated in each such
          section with horizontal access from each apartment
          therein, and every story of each such section above the
          entrance story contains not more than ten living rooms
          where there are four or more apartments on such story
          or not more than fifteen living rooms where there are
          three apartments or less on such story, stairs may
          comply with the provisions of this paragraph in lieu of
          the different provisions otherwise applicable. In such
          case there shall be in each such section at least one
          fire-stair, and there need not be more than one,
          extending from the roof to the entrance story with
          unobstructed access to a street. If the dwelling was
          erected under plans filed with the department on or
          after April twenty-eighth, nineteen hundred thirty,
          each such section shall also have an additional means
          of egress as provided in paragraph i.

     i.   The main means of egress from every apartment in a
          tower or dwelling erected pursuant to the provisions of
          paragraph f, g, or h shall be within twenty-five feet
          of a fire-stair meeting the requirements of such
          paragraph. If the tower or dwelling was erected under
          plans filed with the department on or after April
          twenty-eight, nineteen hundred thirty, egress shall
          also be provided, in addition to the required fire-
          stairs, by means of another stair extending from the
          main roof of the dwelling, or in the case of a tower
          from the highest story thereof, to the entrance story,
          with unobstructed access to a street. Such additional
          stair shall be horizontally accessible from each
          apartment at each story through a vestibule or other
          public hall and shall conform with all the requirements
          for a fire-stair except that its clear width may be
          reduced to a minimum of twenty-eight inches, its risers
          may be increased to a maximum of nine inches in height,
          and its treads, exclusive of nosing, may be reduced to
          a minimum of eight inches in width. No door giving
          access thereto shall swing into such stair.

     j.   A class B dwelling in which at least eighty per centum
          of the living rooms above the second story open
          directly upon a public hall without any intervening
          foyer or private hall, shall have at least two fire-
          stairs accessible at each story from each room through
          a public hall. Such fire-stairs shall be so located
          that at least one fire-stair shall be not more than one
          hundred twenty-five feet along the line of travel from
          the means of egress from any living room. Every such
          fire-stair shall have a clear width of at least three
          feet eight inches. Two such fire-stairs shall be deemed
          adequate for seventy living rooms on any story. For
          each thirty-five living rooms or fraction thereof in
          excess of seventy on any story there shall be one
          additional fire-stair; except that if such fractional
          excess number of living rooms is not more than twenty
          per centum of the total number of living rooms provided
          for by the required two fire-stairs and one additional
          fire-stair for each thirty-five living rooms, if any,
          in excess of seventy, in lieu of another fire-stair for
          such fractional excess number of living rooms, the area
          of every fire-stair landing at such story may be
          increased by not less than two square feet for each
          living room of such fractional excess number of living
          rooms. In every such dwelling each living room which is
          occupied by three persons or more shall be counted as
          one additional room for each four hundred cubic feet or
          fraction thereof in excess of eight hundred cubic feet
          in the cubic content of such room.


Sec. 103. Egress from apartments.

1.   a.   Except as provided in paragraph b of this
          subdivision, there shall be at least one means of
          egress from each apartment on each and every story of
          such apartment, and a second means of egress if the
          first means is not within fifty feet of every living
          room in such apartment on such story. When two means of
          egress are required, they shall open from different
          rooms.

     b.   In any class A fireproof dwelling or section thereof
          erected under plans filed in the department after
          September first, nineteen hundred fifty-one, an
          apartment occupying parts of not more than two stories
          shall have at least one means of egress. Such required
          means of egress shall be not more than forty feet from
          any room within such apartment and shall open directly
          upon a public hall. Such public hall shall provide
          access to at least two fire-stairs. Any stair within an
          apartment shall be at least two feet six inches in
          width and a terminus shall be not more than twenty feet
          from the door which provides the required egress to a
          public hall, provided, however, that such stair within
          an apartment shall extend downwards or upwards to the
          story which provides the required access to at least
          two fire-stairs. In the event of but one such means of
          egress, and if the stair within the apartment extends
          downwards to provide egress to a public hall, there
          shall be a balcony upon the upper story of the
          apartment. If, however, such stair extends upwards to
          provide egress to a public hall, the balcony shall be
          located on the lower story of the apartment. Such
          balcony shall provide access from the apartment to a
          room of an adjoining apartment on the same story. Such
          balcony shall be constructed of incombustible material
          and be capable of sustaining a load of at least eighty
          pounds per square foot. Access to such balcony shall
          not be obstructed by sinks or kitchen fixtures or in
          any other way, and shall be maintained unobstructed at
          all times. Bars, gates, grilles or other obstructing
          devices on any window or door giving access to or
          egress from such balcony shall be unlawful.

2.   Except as otherwise expressly provided in paragraph b of
     subdivision six of section one hundred two for certain
     dwellings six stories or less in height, at least one fire-
     stair shall be within seventy-five feet of at least one
     means of egress from each apartment on each story thereof.

3.   When any such fire-stair serving any apartment as a required
     means of egress from the dwelling opens on the entrance
     story of the dwelling exclusively into an entrance hall, no
     other fire-stair serving the same apartment as a required
     means of egress from the dwelling shall open on such story
     exclusively into the same entrance hall. Any required fire-
     stair not opening on such story exclusively into an entrance
     hall shall open on a street or in a yard, court or
     passageway affording continuous, safe and unobstructed
     access to a street; but any such required fire-stair serving
     any apartment as a means of egress from the dwelling may
     have a supplementary entrance into the same entrance hall as
     that into which any other fire-stair serving the same
     apartment as a required means of egress from the dwelling
     opens exclusively.

4.   When any apartment occupies parts or all of three or more
     stories, every stair within such apartment leading to the
     third or any higher story of such apartment shall be
     enclosed with fireproof partitions with a fireproof door and
     assembly with the door self-closing at the second story
     landing of such stair and at every higher story landing from
     which the stair continues upward within the apartment; or in
     lieu of such fireproof partitions and doors at least two
     means of egress from such apartment opening from different
     rooms shall be provided on the first, third and alternate
     higher stories, if any, of such apartment.

5.   No means of egress from any apartment shall open into any
     stair, fire-stair or fire-tower required under the
     provisions of this section except through a vestibule or
     public hall.


Sec. 104. Bulkheads.

1.   Every stair, fire-stair and fire-tower required by this
     chapter to extend to the level of the roof or to any terrace
     formed by a setback shall extend to and through a fireproof
     bulkhead or other fireproof enclosure in such roof or
     terrace approved by the department. Such bulkhead or
     enclosure shall give unobstructed access at all times to
     such roof or terrace by means of a fireproof door and door
     assembly with the door self-closing. Such a door shall never
     be self-locking and shall be fastened on the inside by
     movable bolts, hooks or a lock which does not require a key
     to open from the inside of the dwelling. Stairs to a
     bulkhead or enclosure shall have a handrail. When a dwelling
     has a pitched or sloping roof with a pitch or slope of more
     than fifteen degrees, no bulkhead or stair leading thereto
     shall be required.

2.   The roof of any penthouse may for the purpose of this
     section be deemed part of the main roof if unobstructed
     access be provided and maintained between all required fire-
     stair landings on the main roof adjoining such penthouse, on
     the roof of such penthouse and on the roof of any other
     penthouse extending above such main roof. Such unobstructed
     access, where horizontal, shall be by means of a passage at
     least three feet in clear width. It may include one or more
     stairs necessary to provide access from any penthouse roof
     to any main roof adjoining such penthouse. Such stairs shall
     conform to all the requirements of section fifty-three for
     stairways of fire-escapes. There shall be a passageway at
     least four feet in clear width between such stairs and the
     parapet wall or guard railing of the main roof.


Sec. 105. Separation and ventilation of stairs.

1.   In a dwelling in which one or more passenger elevators are
     maintained and operated opening upon a public hall at every
     story, all stairs, fire-stairs and fire-towers shall be
     completely separated from one another and from every
     elevator shaft by fireproof walls. They shall be constructed
     of fireproof material throughout and shall contain no wood
     or other inflammable material of any kind, except that
     handrails of hardwood may be provided.

2.   Access to stairs, fire-stairs and fire-tower balconies from
     any public vestibule or other public hall shall be through
     fireproof doors and assemblies, with the doors self-closing
     and at least three feet wide, or through pairs of such doors
     at least four feet wide, containing in either case a fixed
     sash glazed with wire glass at least three hundred sixty
     square inches in area.

3.   Every stair hall shall be ventilated by a window, or by
     movable louvres in the skylight having an opening of at
     least one hundred forty-four square inches, or by an opening
     of at least one hundred forty-four square inches near the
     top of the stair shaft and communicating directly with the
     outer air. If a window is provided which does not open upon
     a street or yard, it shall be fireproof and glazed with wire
     glass of good quality and have no pane more than three
     hundred sixty square inches in area.


Sec. 106. Cellar and basement stairs.

A cellar or basement stair may be located inside the dwelling,
but shall not be located underneath a stair leading to the upper
stories unless it is a basement stair leading upward from a
basement which is the main entrance story of the dwelling, or
unless it is a stair leading downward from the entrance story
which is separated by a fireproof arch from the stair leading
upward from the entrance story. Except as otherwise provided in
subdivision five of section fifty-two, all inside cellar or
basement stairs shall be entirely enclosed with fireproof walls
and be provided with fireproof doors and assemblies, with the
doors self-closing, at all openings.


Sec. 107. Public halls.

1.   Every public vestibule or other public hall shall comply
     either with the provisions of section one hundred forty-nine
     for non-fireproof multiple dwellings, so far as applicable,
     or with the provisions of subdivision two of this section,
     except that the provisions as to ventilation shall not apply
     to any part of an entrance hall within sixty feet in a
     straight line from an entrance door.

2.   If such a dwelling does not comply with the applicable
     provisions of section one hundred forty-nine, it shall
     comply with all of the following:

     a.   Every public vestibule or hall shall be everywhere at
          least three feet eight inches in clear width.

     b.   Every such public vestibule or hall shall be separated
          from all other parts of the dwelling by fireproof
          walls.

     c.   All openings from such a public vestibule or hall to
          stairs, fire-stairs, fire-tower balconies, shafts,
          apartments or suites of rooms shall be protected by
          fireproof doors and assemblies, with the doors self-
          closing, except that such doors and assemblies shall
          not be required in any fireproof class B multiple
          dwelling for any apartment consisting of one room
          opening directly upon a public hall or for any
          apartment of three rooms or less in a college or school
          dormitory.

     d.   Such a public vestibule or hall shall not be required
          to have a window, but if it does not have a window
          opening to the outer air it shall be equipped for
          artificial lighting and be properly lighted at all
          times.

     e.   Except for that part of an entrance hall within sixty
          feet in a straight line from an entrance door such a
          public vestibule or hall without a window to the outer
          air shall be ventilated to the outer air by means of
          gravity vent flues at least twelve inches in each
          dimension or by mechanical means approved by the
          department. There shall be at least one vent flue
          opening of at least twelve inches in each dimension for
          each one thousand cubic feet of air content of such
          public vestibule or hall. Such vent flues shall be
          continuous for the height of the dwelling and the
          openings at each story shall be equipped with fire
          dampers held open by a fusible link at each opening and
          properly hooded or provided with louvres at the top
          above the roof.

     f.   If a window to the outer air is provided in any such
          public vestibule or hall, such vestibule or hall shall
          nevertheless be ventilated as provided in paragraph e,
          except that if such a window has a glazed area of at
          least twelve square feet and at least one tenth of the
          superficial 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.

3.   The requirements of this section as to ventilation shall
     apply to all parts of an entrance hall more than sixty feet
     distant in a straight line from an entrance door, to all
     returns or recesses that lead to elevators and extend
     farther from the hall which they adjoin than four times
     their width, and to all other returns or recesses from
     entrance halls that extend farther than their width.

4.   Any part of a public hall that is shut off from any other
     part of such hall by a door or doors shall be deemed a
     separate hall.


Sec. 108. Partitions.

All partitions shall rest directly upon the fireproof floor
construction and never upon any wood flooring, and shall extend
to the fireproof construction of the floor or roof above.


                             TITLE 2
                           SANITATION

Sec. 115. Interior water-closets and bathrooms.

Interior water-closet compartments and bathrooms contained in
fireproof multiple dwellings shall comply with the applicable
provisions of section seventy-six.


Sec. 116. Water-closets in certain class B multiple dwellings.

Water-closets contained in certain class B multiple dwellings
shall comply with the applicable provisions of section seventy-
six.


Sec. 117. Employees' water-closets.

Water-closet compartments provided for domestic servants of
tenants in multiple dwellings shall comply with the applicable
provisions of section seventy-six.


=================================================================

                            ARTICLE 5
                NON-FIREPROOF MULTIPLE DWELLINGS

Section             140. Application of article five.

                             TITLE 1
                         FIRE PROTECTION

Section             141. Height
                    142. Sub-curb uses.
                    143. Construction of first floor.
                    144. Egress from dwellings.
                    145. Fire-escapes.
                    146. Egress from apartments.
                    147. Bulkheads and scuttles.
                    148. Public stairs.
                    149. Public halls.
                    150. Cellar and basement stairs.
                    151. Spaces under stairs.
                    152. Fire-stopping.

                             TITLE 2
                           SANITATION

                    160. Water-closets.

=================================================================


Sec. 140. Application of article five.

The provisions of this article shall apply to non-fireproof
multiple dwellings erected after April eighteenth, nineteen
hundred twenty-nine, and to such dwellings only. They shall apply
to all such non-fireproof dwellings unless their application is
expressly limited to dwellings of a particular class. They shall
apply in addition to, and not in substitution for, the provisions
of article three. However the provisions of this article shall
not apply to a multiple dwelling three stories or less in height
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 all the provisions of article six are
complied with, including section one hundred seventy-a of said
article.


                             TITLE 1
                         FIRE PROTECTION

Sec. 141. Height.

Any such dwelling which is seventy-five feet or less in height
above the curb level and has six stories or less may be of non-
fireproof construction.


Sec. 142. Sub-curb uses.

1.   When such a dwelling is more than eighty feet in height
     measured from the lowest point of the yard or of any curb on
     which any part of the dwelling faces, whichever is lower,
     and any room in such dwelling below the level of the highest
     curb which any part of such dwelling faces is occupied for
     living purposes as permitted in paragraph f of subdivision
     one of section thirty-four, the yard at the level of such
     highest curb shall be set back so as to be at least eight
     feet greater in depth than the yard below such level unless
     the yard opens directly upon a street.

2.   If such a dwelling is erected upon an interior lot running
     through from street to street, the wall of the dwelling
     facing the lowest street shall, at the level of the highest
     curb on which any part of such dwelling faces, be set back
     at least eight feet.

3.   The setback of the yard or wall required by each of the two
     preceding subdivisions shall be a fire-terrace. Nothing
     herein contained shall be construed to permit a yard of
     smaller dimensions below the level of such fire-terrace than
     required by paragraph f of subdivision one of section thirty-
     four.

4.   From each apartment below the level of such highest curb at
     least one means of egress shall lead directly to such fire-
     terrace in a manner approved by the department. Such fire-
     terrace shall be protected by a guard railing approved by
     the department, and shall afford safe and unobstructed
     access either directly to a street or to a covered fireproof
     passage at least three feet in width and seven feet in
     height leading directly and without obstruction to a street.

5.   In all portions of such dwellings below the level of the
     highest curb all structural members, partitions, furrings
     and ceilings shall be constructed of incombustible
     materials.

6.   Apartments may also be occupied for living purposes in
     cellars and basements in accordance with the provisions of
     subdivision six of section thirty-four.


Sec. 143. Construction of first floor.

1.   The first floor above the lowest cellar, or, if there be no
     cellar, above the lowest story, shall be fireproof or, if
     the dwelling be three stories or less in height, fire-
     retarded. Said first floor shall be unpierced except for a
     stair leading to a cellar as provided in section one hundred
     fifty, for lawful pipes, conduits and ducts and for
     dumbwaiter and elevator shafts. Any such dumbwaiter and
     elevator shafts shall be equipped at all openings below the
     said first floor with fireproof doors and assemblies with
     the doors self-closing.

2.   Whenever the lowest cellar does not extend over more than
     half the area of the dwelling, that portion of the first
     floor directly over such cellar and the entire second floor
     above such cellar shall be constructed as in this section
     prescribed for the first floor above the lowest cellar.
     Whenever the lowest cellar extends over more than half, but
     not all, of the area of the dwelling, only that portion of
     the first floor directly over such cellar need be
     constructed as in this section prescribed for the first
     floor above the lowest cellar.


Sec. 144. Egress from dwellings.

1.   A dwelling three or more stories in height shall have at
     least two means of egress extending to the roof from an
     entrance story, street, court or yard. The entrances to such
     means of egress at every story shall be at least fifteen
     feet distant from each other unless they are on opposite
     sides of a public hall. One means of egress shall be a stair
     constructed as provided in section one hundred forty-eight.
     The other means of egress shall be either another such stair
     or a fire-escape constructed as provided in section fifty-
     three.

2.   If the number of living rooms on any story, or in any
     section of any story, above the entrance story exceeds
     twenty, there shall be an additional stair, or fire-stair,
     extending from the entrance story to the roof for each
     twenty rooms or fraction thereof on such story or section
     thereof in excess of twenty, except that no additional
     stair, or fire-stair, shall be required for such excess on
     any story or section thereof if the number of living rooms
     thereon does not exceed thirty and if in addition one stair
     serving such story or section and every entrance hall or
     other public hall connected therewith are everywhere four
     feet six inches or more in clear width.

3.   There shall be accessible from every apartment two means of
     egress from the dwelling, one of which shall be a stair
     within fifty feet from a means of egress from such
     apartment. For such dwellings erected under plans filed in
     the department after September first, nineteen hundred fifty-
     one, such stair shall also be enclosed and comply with the
     provisions of section one hundred forty-eight.

4.   Whenever more than two stairs are required, one or more of
     such stairs may be fire-stairs or fire-towers, provided that
     there shall never be more than one such fire-stair or fire-
     tower for each two other required stairs.


Sec. 145. Fire-escapes.

Every fire-escape shall be located, arranged, constructed and
maintained as provided in section fifty-three.


Sec. 146. Egress from apartments.

1.   There shall be at least two means of egress from every
     apartment or suite. Such means shall be remote from each
     other. Except where it opens into a stair as permitted in
     subdivision three, one means shall be to a public hall
     connecting with a stair, fire-stair or fire-tower, not more
     than fifty feet distant from such means. In dwellings
     erected under plans filed in the department after September
     first, nineteen hundred fifty-one, such stair, fire-stair or
     fire-tower shall be enclosed. The other required means of
     egress shall open either directly upon a fire-escape or
     directly on a fire-tower balcony or a public vestibule or
     other public hall connecting with a stair, fire-stair or
     fire-tower balcony.

2.   Except as hereinafter provided for dwellings two stories or
     less in height such balcony, vestibule, hall or stair shall
     be separated from the public hall or stair on which the
     first means of egress opens by a fireproof wall, unpierced
     unless by an opening equipped with a fireproof door and
     assembly with the door self-closing. Such door shall not be
     held open by any device whatever. In a dwelling two stories
     or less in height, the separating wall may be fire-retarded
     on both sides in lieu of being fireproof.

3.   In a dwelling three stories or less in height and occupied
     by four families or less on each story, and in any section
     of a class A dwelling which is two stories or less in height
     and occupied by four families or less on each story, a means
     of egress from an apartment may open directly into a stair
     without the intervention of a public hall.


Sec. 147. Bulkheads and scuttles.

1.   Except as otherwise provided in subdivision two of this
     section, every required stair, fire-stair and fire-tower in
     dwellings three stories or more in height shall have a
     bulkhead constructed as provided for fireproof dwellings in
     section one hundred four, except that the bulkhead of any
     required stair which is not required to be fireproof may be
     built of wood covered on the outside with twenty-six gauge
     metal and on the inside with wire or metal lath covered with
     two coats of cement plaster or other fire-retarding material
     approved by the department.

2.   Such a dwelling which is two stories or less in height, or
     is three stories in height and erected pursuant to plans
     filed with the department on or after May first, nineteen
     hundred fifty-nine and occupied by not more than one family
     on each story, shall be provided at each required stair,
     fire-stair or fire-tower either with such a bulkhead or with
     a scuttle at least two feet by three feet in size, located
     in the ceiling of the public hall on the top story and so
     arranged as to provide direct and uninterrupted access to
     the roof. Every such scuttle shall be arranged to be readily
     opened, shall be covered on the outside with metal and shall
     be provided with stairs or a stationary iron ladder or
     ladders leading thereto and easily accessible to all the
     tenants of the dwelling.

3.   No bulkhead or other superstructure on the roof shall be
     used for human occupancy.

4.   When a dwelling has a pitched or sloping roof with a pitch
     or slope of more than fifteen degrees, no bulkhead or
     scuttle or stair or ladder leading thereto shall be
     required.


Sec. 148. Public stairs.

1.   Every stair, fire-stair and fire-tower shall, except as
     otherwise provided in subdivisions three and four of this
     section and section one hundred forty-nine, be constructed
     as provided for fire-stairs in sections one hundred two and
     one hundred five for fireproof dwellings.

2.   Every stair, fire-stair and fire-tower shall be at least
     three feet in clear width throughout, and at all floor
     levels shall have landings at least three feet six inches in
     clear width.

3.   Every stair, fire-stair and fire-tower shall be completely
     separated from every other stair, fire-stair and fire-tower
     and from every public hall and shaft by fireproof walls,
     with fireproof doors and assemblies, with the doors self-
     closing and without transoms, at all openings, except that
     in dwellings two stories or less in height such walls may be
     fire-retarded on both sides in lieu of being fireproof. The
     doors giving access to such stairs shall not be held open by
     any device whatever.

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 opening 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 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.

5.   In a dwelling occupied by two families or less on every
     story:

     a.   If such dwelling is three stories or less in height,
          there may be provided for any stair, in lieu of
          windows, a stairwell sixteen inches or more in clear
          width extending from the entrance story to the roof.

     b.   If such dwelling is a class A dwelling and is two
          stories or less in height, there may be provided for
          any stair, in lieu of windows, a stairwell six inches
          or more in clear width. For the purposes of this
          paragraph a section of a class A multiple dwelling may
          be deemed a separate multiple dwelling.

     c.   If such dwelling is two stories in height and has no
          public hall on the first story, no stairwell or stair
          windows need be provided.


Sec. 149. Public halls.

1.   Every public hall shall be everywhere at least three feet in
     clear width.

2.   Every public hall shall be completely enclosed with
     fireproof floor, ceiling and walls, and, in dwellings
     erected under plans filed in the department after September
     first, nineteen hundred fifty-one, such hall shall be
     separated from every stair by fireproof partitions or walls.
     All doors and their assemblies opening from such hall or
     stairs shall be fireproof, with the doors self-closing and
     without transoms, except that in a dwelling three stories or
     less in height occupied by not more than four families on
     each story, or in a class A dwelling or any section thereof
     two stories or less in height, any such hall which furnishes
     access to only one stair need not be separated from such
     stair by any partition or door and the walls of a public
     hall may be fire-retarded and the floors may be provided
     with three inches or more of incombustible deafening
     materials between the beams instead of being fireproof.

3.   Except in dwellings three stories or less in height and
     occupied by two families or less on every story, and except
     as provided in subdivisions four to seven inclusive, every
     public hall shall have at least one window opening directly
     upon a street or upon a lawful yard or court. There shall be
     such a window at the end of each such hall and at right
     angles to its length, with an additional window in each
     forty feet of hall or fraction thereof beyond the first
     sixty feet from such end window; or the hall shall have one
     window opening directly upon a street or upon a lawful yard
     or court in every forty feet of its length or fraction
     thereof measured from one end of the hall.

4.   When the length of any recess or return off a public hall
     does not exceed twice the width of such recess or return, no
     window shall be required therein. But whenever the length of
     a recess or return exceeds twice its width, there shall be
     an additional window or windows meeting the requirements for
     a separate public hall. No entrance hall shall have a return
     or recess which exceeds in length twice its width.

5.   The foregoing provisions of this section with regard to
     lighting and ventilation shall not apply to a vestibule or
     other public hall which serves as a means of access from one
     or more apartments opening thereon to a fire-stair or fire-
     tower meeting the requirements of section one hundred forty-
     four if such vestibule or public hall is lighted and
     ventilated as required for fireproof dwellings by sections
     thirty-seven and one hundred seven.

6.   The foregoing provisions of this section with regard to
     lighting and ventilation shall not apply to that portion of
     an entrance hall between the first flight of stairs and the
     entrance provided the entrance door contains five square
     feet or more of glazed surface or such entrance hall does
     not extend from the outer entrance of the dwelling more than
     sixty feet.

7.   A passenger elevator vestibule not exceeding in length twice
     the parallel length of the elevator shaft or shafts opening
     into it need not be equipped with a window if it conforms to
     the requirements of sections thirty-seven and one hundred
     seven for public halls in fireproof multiple dwellings.
     Every door and its assembly separating such a vestibule from
     any public hall connected with a stair, fire-stair or fire-
     tower shall be fireproof, with the door self-closing and
     glazed with good quality wire glass ten square feet or more
     in area. No such door shall be kept open by any device
     whatever.

8.   Any part of a public hall that is shut off from any other
     part of such hall by a door or doors shall be deemed a
     separate hall.


Sec. 150. Cellar and basement stairs.

1.   Except as otherwise provided in this section, there shall be
     no inside stair communicating between the lowest cellar or
     the lowest story, if there be no cellar, and the floor next
     above, but any stair communicating between such floors shall
     be located outside the dwelling and if enclosed shall be
     fireproof in a fireproof enclosure with fireproof doors and
     door assemblies, with the doors self-closing, at all
     openings.

2.   This provision, however, shall not apply to any stair not
     extending through more than one story and leading from an
     entrance hall to the upper stories where the walls enclosing
     such hall are fireproof and unpierced except for openings to
     stairs, elevators, apartments, public reception rooms,
     professional offices and the outer air. In no event shall
     there be any other opening from such an entrance hall, and
     all apartments and such professional offices opening
     therefrom shall be entirely separated from any space within
     such dwelling used for any other purposes by fireproof walls
     which shall be unpierced except for means of egress into the
     entrance hall. The provisions of this subdivision shall not
     apply to openings which are protected with fireproof
     vestibules. Any such vestibule shall have a minimum
     superficial floor area of fifty square feet and its maximum
     area shall not exceed seventy-five square feet. It shall be
     enclosed with incombustible partitions having a fire-
     resistive rating of three hours. The floor and ceiling of
     such vestibule shall also be of incombustible material
     having a fire-resistive rating of at least three hours.
     There shall be two doors to provide access from the entrance
     hall and any other space not used for openings to stairs,
     elevators, apartments, public reception rooms and the outer
     air. Each such door shall have a fire-resistive rating of
     one and one-half hours and shall be provided with a device
     to prevent the opening of one door until the other door is
     entirely closed. One of these doors shall swing into the
     vestibule from the entrance hall and the other shall swing
     from the vestibule into space which it serves. Such
     vestibule shall also be equipped with sprinklers and with an
     independent exhaust duct having a minimum cross-sectional
     area of one hundred forty-four square inches for each one
     thousand cubic feet, or fraction thereof, of air content,
     and such exhaust duct shall not be connected with any other
     ventilating system.

3.   In dwellings three stories or less in height which are
     occupied by two families or less on every story, any stair
     leading to the cellar may be located inside the dwelling
     provided it is entirely enclosed with fireproof walls and
     with fireproof doors and door assemblies at both the cellar
     level and the story above, with the doors self-closing.

4.   The provisions of subdivision one shall not prohibit or
     apply to an inside stair extending from a space used for
     commercial purposes in the cellar or lowest story to a store
     on the story next above, provided such stair is of
     incombustible materials, has closed risers, is enclosed
     between the two lowest floors with walls having a three-hour
     fire resistive rating and has fireproof doors and door
     assemblies at top and bottom, with the doors self-closing,
     and provided such commercial space in the cellar or lowest
     story is completely enclosed with partitions having a fire-
     resistive rating of at least two hours and there is no
     opening between the store on the story next above and any
     entrance hall or other public hall or public portion of the
     dwelling.


Sec. 151. Spaces under stairs.

1.   It shall be unlawful to have a closet of any kind under any
     public stair.

2.   The space beneath every stair from the foot of the stair to
     a point where the soffit is four feet or more above the
     floor shall be entirely enclosed with unpierced fire-
     retarded partitions. Such enclosure beneath a flight of
     public stairs leading from the entrance story to the story
     next above shall be fireproof.

3.   Any unenclosed portion of the space beneath a flight of
     public stairs leading from the entrance story to the story
     next above shall be left entirely open and kept clear and
     free from encumbrance.


Sec. 152. Fire-stopping.

1.   In every wall where wooden furring is used every course of
     masonry from the under side to the top of any floor beams
     shall project a distance of at least two inches beyond each
     face of the wall that is not on the outside of the dwelling;
     and whenever floor beams run parallel to a wall and wooden
     furring is used, every such beam shall always be kept at
     least two inches away from the wall, and the space between
     the beams and the wall shall be built up solidly with
     brickwork from the under side to the top of the floor beams.

2.   Whenever a wall is studded off, the space between an inside
     face of the wall and the studding at any floor level shall
     be fire-stopped. Every space between beams directly over a
     studded-off space shall be fire-stopped by covering the
     bottom of the beams with metal lath and plaster and placing
     a loose fill of incombustible material at least four inches
     thick on the plaster between the beams, or hollow-burned
     clay tile or gypsum plaster partition blocks, at least four
     inches thick in either case and supported by cleats, shall
     be used to fill the spaces between beams.

3.   Partitions which are not parallel with the wood floor beams
     and which separate one apartment or suite from another or
     any part of an apartment or suite from a public hall or
     other part of the dwelling outside the apartment or suite
     shall be filled in solidly with incombustible material
     between the floor beams from the plate of the partition
     below to the full depth of the floor beams.

4.   If a dwelling is within ten feet of another non-fireproof
     building or of a side lot line, such dwelling shall have its
     eaves or cornices built up solidly with masonry.

5.   The wooden frames in any cornice on any row of buildings
     shall be separated between buildings by a complete fire-
     stop.

6.   Every space between stair carriages of any non-fireproof
     stair shall be fire-stopped by a header beam at top and
     bottom. Where a stair run is not all in one room or open
     space, the stair carriages shall have an intermediate
     firestop, so located as to cut off communication between
     portions of the stair in different rooms or open spaces. The
     underside and stringers of every unenclosed stair of
     combustible material shall be fire-retarded.

7.   All partitions required to be fire-retarded shall be fire-
     stopped with incombustible material at floors, ceilings and
     roofs. Fire-stopping over partitions shall extend from the
     ceiling to the underside of any roofing above. Any space
     between the top of a partition and the underside of roof
     boarding shall be completely fire-stopped.


                             TITLE 2
                           SANITATION

Sec. 160. Water-closets.

Water-closet compartments in class B non-fireproof multiple
dwellings shall comply with the applicable provisions of section
seventy-six.


=================================================================

                           ARTICLE 5-A
            GARDEN-TYPE MAISONETTE DWELLING PROJECTS

Section             161. Application of article five-A.
                    162. Single ownership.
                    163. Construction and arrangement.

=================================================================


Sec. 161. Application of article five-A.

The provisions of this article shall apply to garden-type
maisonette dwelling projects erected under plans filed with the
department on or after April eighteenth, nineteen hundred fifty-
four. They shall apply to all such dwellings unless their
application is expressly limited to dwellings of a particular
class. They shall apply in addition to, and not in substitution
for, the provisions of article three. Such dwellings need not
comply with the provisions of sections twenty-eight, thirty-five,
thirty-six, fifty, fifty-four, and sixty-five, or with articles
four, five, six or seven of this chapter, but such dwellings
shall comply with all of the provisions of the building code
applicable to residential buildings of this type and kind. A
garden-type maisonette dwelling project, which is erected in
accordance with the applicable provisions of this chapter for
fireproof or non-fireproof dwellings other than the provisions of
this article five-A, shall not be required to comply with the
provisions of this article.


Sec. 162. Single ownership.

The owner of any site or plot upon which a garden-type maisonette
dwelling project is proposed to be erected shall execute and file
in the office of the recording officer in the county where deeds
of conveyances are recorded an instrument in writing which shall
declare that, so long as any of the buildings proposed to be
erected remain standing, a conveyance of any part or parts of
such project shall, thereupon, cause all the buildings on such
site or plot to be and become unlawful structures, and any prior
certificate of occupancy issued for such structures shall
thereupon become void. Nothing in this section shall be deemed to
prohibit the sale of any part of such project, provided, however,
that the part which is so conveyed and the remaining part of the
project shall be made to comply to all of the applicable
provisions of this chapter.


Sec. 163. Construction and arrangement.

Garden-type maisonette dwelling projects may be erected on
condition that they comply with the following provisions:

1.   The dwelling units in such projects, together, or in their
     aggregate, do not exceed in superficial area thirty-five per
     centum of the area of the site or plot upon which such
     projects are erected.

2.   The units in such projects do not exceed two stories in
     height.

3.   Each section contains not more than two apartments in any
     unit.

4.   Every one or two-family unit is separated from all other
     such units by an unpierced partition constructed of
     materials having a fire-resistive rating of at least one
     hour and such partition extends from the first floor above
     the basement or cellar of the dwelling to the top of the
     roof boards in such manner as to prevent the passage of
     fire, smoke or gases between units.

5.   a.   A project section shall not be constructed of
          units which, together, are of a greater area than three
          thousand square feet unless divided by unpierced fire
          walls of masonry or other materials having a fire-
          resistive rating of at least three hours. Such wall
          shall be continuous from the floor of the lowest level
          of the dwelling to the top of the roof boards and be
          fire-stopped at floors and roof in such manner as to
          prevent the passage of fire, smoke or gas between
          areas.

     b.   Fire walls shall extend at least two feet above the
          level of the finished roof or, in lieu thereof, where
          there is a peaked or sloped roof, the ceiling of the
          attic of all units comprising such section shall be
          covered with gypsum plaster-boards three-eighths of an
          inch in thickness or with other materials having the
          same fire-resistive rating.

6.   The facing of the exterior walls shall be of brick veneer
     not less than four inches in thickness or may be of one or a
     combination of other materials; and the interior facing of
     such walls shall be covered with one-half-inch thick plaster
     boards and three-eighths-inch thick sanded gypsum plaster or
     a combination of other materials which, when combined with
     the exterior materials shall have a fire-resistive rating of
     at least one hour.

7.   Cellar ceilings throughout shall be covered with gypsum
     plaster boards three-eighths of an inch in thickness or with
     other materials having the same fire resistive rating. A
     heating plant located within a section shall be completely
     enclosed with incombustible materials having a fire
     resistive rating of at least three hours and all openings
     therefrom to other parts of the dwelling shall be equipped
     with fire-proof doors and assemblies with the doors self
     closing.

8.   Concealed vertical and horizontal draft openings shall be
     fire-stopped with incombustible materials.

=================================================================

                            ARTICLE 6
                       CONVERTED DWELLINGS

Section             170. Application of article six and
                         other provisions to converted dwellings.
                    170a Notwithstanding any other
                         provision of this chapter...
                    171. Alterations.

                             TITLE 1
                          LIGHT AND AIR

Section             172. Yards and courts.
                    173. Windows and rooms.
                    174. Size of rooms.
                    175. Alcoves.
                    176. Cooking spaces.
                    177. Rooms in basements and cellars.
                    178. Lighting and ventilation of stairs.
                    179. Privacy.

                             TITLE 2
                         FIRE PROTECTION

Section             185. Cellar ceilings.
                    186. Extension roofs.
                    187. Egress.
                    188. Bulkheads and scuttles.
                    189. Stair and public hall construction.
                    190. Cellar stairs.
                    191. Wainscoting.
                    192. Cellar entrance.
                    193. Frame buildings.
                    194. Sprinkler heads in rooms.

                             TITLE 3
                           SANITATION

Section             200. Water-closets.

=================================================================


Sec. 170. Application of article six and other provisions to
          converted dwellings.

The provisions of this article shall apply to converted dwellings
and to such dwellings only. They shall apply to all converted
dwellings unless their application is expressly limited to
dwellings of a particular class. The following enumerated
articles and sections shall also apply to all converted dwellings
unless so limited:

     Article 1.     Introductory provisions; definitions.
     2.             Miscellaneous application provisions.
     7-a.           Temporary provisions.
     8.             Requirements and remedies.
     9.             Registry of names and service of papers.
     10.            Prostitution.
     11.            Laws repealed; saving clause; legislative
                    intent; effect.

     Sec. 28.       Two or more buildings on same lot
     29.            Painting of courts and shafts
     31.            Size of rooms--- subdivision six
     35.            Entrance doors and lights
     37.            Artificial hall lighting
     52.            Stairs
     55.            Wainscoting
     56.            Frame buildings and extensions
     57.            Bells; mail receptacles
     58.            Incombustible materials
     59.            Bakeries and fat boiling
     60.            Motor vehicle storage
     61.            Business uses
     62.            Parapets, guard railings and wires---
                    subdivision two
     75.            Water supply
     76.            Water-closet and bath accommodations
     77.            Plumbing and drainage
     78.            Repairs
     79.            Heating
     80.            Cleanliness
     81.            Receptacles for waste matter
     83.            Janitor or housekeeper


Sec. 170-a.    Notwithstanding any other provision of this
               chapter

Notwithstanding any other provision of this chapter, a dwelling,
other than a frame 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 all the provisions of this
article are complied with and provided further that

1.   No part of such dwelling shall be used for business
     purposes.

2.   No part of such dwelling shall be arranged, designed for or
     occupied by roomers, boarders or lodgers.

3.   The public hall or stair partitions and soffit of stairs
     shall be fire-retarded and said partitions fire-stopped. The
     apartment entrance doors and door assemblies in such hall
     shall be fire-proof and self-closing.

4.   The required stairs shall comply with the provisions of
     subdivision three of section fifty-two of this chapter.

5.   No door opening shall be permitted from a garage within the
     building to the stair hall or public hall. However, any
     other opening to the residential portion shall be provided
     with a fire-proof self-closing door, and the door assemblies
     shall be fire-proof.

6.   The cellar shall not be used for any purpose other than
     household storage and mechanical equipment or appliances,
     and the cellar ceiling shall be fire-retarded.


Sec. 171. Alterations.

1.   A building, other than a frame building, originally occupied
     as a one-family or two-family dwelling may be altered to a
     converted dwelling if its bulk and volume has not been
     increased since April eighteenth, nineteen hundred twenty-
     nine, and if it is converted in conformity with the other
     provisions of this article.

2.   Except as permitted in subdivision nine of section nine and
     subdivision six of section one hundred seventy-two, it shall
     be unlawful:

     a.   To increase the height or number of stories of any
          converted dwelling or to increase the height or number
          of stories of any building in converting it to a
          multiple dwelling.

     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.

     c.   To convert to a multiple dwelling any dwelling which
          exceeds six stories in height unless it was occupied as
          a multiple dwelling on April fifteenth, nineteen
          hundred thirty;

     d.   To convert any dwelling to a class A multiple dwelling
          occupied by five families or more upon any story unless
          such dwelling is fireproof or is converted in
          conformity with the requirements of subdivision three
          or was occupied as a class A multiple dwelling on April
          fifteenth, nineteen hundred thirty.

     e.   To combine any converted dwelling with another building
          which exceeds six stories in height.

     f.   To enlarge or extend any converted dwelling so as to
          exceed by more than twenty-five per centum the area
          which such dwelling had on any floor at the time of its
          conversion, except as provided in paragraph h.

     g.   To convert to a multiple dwelling any dwelling not so
          converted before April fifteenth, nineteen hundred
          thirty, if after such date it has been increased in
          number of stories or combined with another building
          more than six stories in height or enlarged or extended
          so as to exceed by more than twenty-five per centum the
          area of such dwelling or its area on any floor as shown
          by the plan approved by the department before its
          erection, except as provided in paragraph h.

     h.   Paragraphs f and g shall not apply to, or be deemed to
          prohibit, any rear extension of the first story of any
          converted dwelling permitted under the provisions of
          section one hundred seventy-two.

3.   Converted dwellings six stories or less in height may be
     combined if such dwellings when combined conform to the
     requirements of this subdivision.

     a.   No frame building shall be a part of any such
          combination.

     b.   Every entrance hall, stair hall, public hall, stair and
          stair enclosures shall be constructed of fireproof
          materials throughout and every door opening therefrom
          and door assembly shall be fireproof with the door self-
          closing and without transoms. Every public hall shall
          be at least three feet six inches in clear width and
          enclosed with masonry walls not less than eight inches
          in thickness. Every stair and stair hall shall be
          constructed and arranged throughout as provided in
          sections thirty-five, thirty-six, fifty and fifty-two,
          and as provided in sections one hundred two, one
          hundred five and one hundred six for fireproof
          dwellings erected after April eighteenth, nineteen
          hundred twenty-nine, and shall be at least three feet
          in clear width with all landings at floor levels at
          least three feet six inches in clear width. In every
          combination of three or more such dwellings, fire-
          stairs shall be located so that there shall be
          horizontal access in the public hall from every
          apartment to two or more fire-stairs, one or more of
          which shall be within fifty feet horizontally in the
          line of travel of one or more required means of egress
          from such apartment. Every stair, fire-stair and fire-
          tower shall extend to the roof through a fireproof
          bulkhead constructed in compliance with the provisions
          of section one hundred four for fireproof multiple
          dwellings.

     c.   The ceiling of the cellar, or of the lowest story, if
          there be no cellar, shall be fire-retarded.

     d.   There shall be at least two means of egress from every
          apartment or suite of rooms containing three or more
          living rooms. Such means shall be remote from each
          other, with the first means opening to a public hall
          which is connected with a stair not more than fifty
          feet distant from such means of egress. The second
          means of egress shall be directly accessible to a fire-
          tower or fire-stair, or to an outside fire-escape.

     e.   No window to the outer air shall be required opening
          from any public hall, vestibule, stair, or stair hall
          artificially lighted and ventilated mechanically as
          provided in section one hundred seven for fireproof
          multiple dwellings. If any windows are provided, they
          and their assemblies shall be fireproof and glazed with
          wire glass, and if such windows are used in lieu of
          mechanical ventilation and artificial lighting, they
          shall also be arranged as provided for stairs and
          public halls in non-fireproof multiple dwellings
          erected after April eighteenth, nineteen hundred twenty-
          nine.

     f.   No elevator shall be required, but should one be
          installed it shall conform to the provisions of section
          fifty-one relating to elevators and section one hundred
          five for fireproof dwellings.

     g.   None of the combined dwellings shall be required to
          comply with sections one hundred seventy-eight, one
          hundred eighty-five, one hundred eighty-seven, one
          hundred eighty-eight and one hundred ninety or with
          subdivisions one, two and three of section one hundred
          eighty-nine.

     h.   When any business is conducted in any portion of
          dwellings so combined, the ceilings and walls of such
          portion shall be fire-retarded and every door and door
          assembly shall be fireproof with the door self-closing.

4.   Nothing in this article shall be deemed to prohibit a
     combination of class A and B occupancy in any converted
     dwelling. If more than fifty per centum of the rooms therein
     are used for class A occupancy, the dwelling shall be deemed
     a class A dwelling, otherwise a class B dwelling.


                             TITLE 1
                          LIGHT AND AIR

Sec. 172. Yards and courts.

1.   Except as provided in subdivision two, there shall be a yard
     thirteen feet or more in depth across the entire lot in the
     rear of every converted dwelling, or an outer court three
     feet or more in width which alone or with any open space at
     the rear of the dwelling equals the required area of such a
     yard.

2.   On a corner lot there shall be a yard ten feet or more in
     depth across the entire lot. Such yard shall be thirteen
     feet or more in depth for any part of the yard which is more
     than sixty feet from any side street bounding such lot. The
     provisions of this subdivision need not apply to a dwelling
     situated on a corner lot if (a) the required windows of all
     living rooms in such a dwelling open directly upon a street
     (b) the height and bulk of the dwelling are not increased
     and (c) the bulk of the dwelling above the first story is
     not increased.

3.   The bottom of a yard may be as high as but not above the
     second tier of beams, provided the first story is used
     exclusively for business purposes and there is no living
     room in or below the first story; and provided also that
     whenever any means of egress from the upper stories opens
     into such yard, a portion of the yard ten feet or more in
     depth and open from the ground up shall be maintained at the
     rear of any extension of the dwelling.

4.   In the rear of every converted dwelling on a corner lot an
     extension of the dwelling over the yard may be built up to
     the second tier of beams, provided such extension does not
     obstruct any required means of egress from the upper
     stories.

5.   Except as provided in subdivisions three and four, the
     required yard or court and unoccupied space shall be open
     and unobstructed from the ground up.

6.   The restrictions of this section and those of subdivisions
     one and two of section one hundred seventy-one in regard to
     bulk and volume shall not apply to extensions erected before
     April thirteenth, nineteen hundred forty, in conformity with
     the provision of a local zoning resolution which restricted
     bulk and volume.

7.   Nothing in this section shall be deemed to permit extensions
     in the yards or courts of any converted dwelling, or to
     permit business or commercial uses therein, which may be
     contrary to any local zoning law, ordinance or regulation.


Sec. 173. Windows in rooms.

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 conforming 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.   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 basement 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.

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 compartment, 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 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.

4.   Any room on a top story may be lighted and ventilated by a
     skylight of the dimensions specified for windows and
     arranged to provide ventilating openings of six square feet
     or more. Such a skylight shall be accepted in lieu of a
     window. Nothing in this subdivision shall be construed to
     prohibit the installation of a skylight without ventilating
     openings of six square feet or more, provided, however, that
     such skylight shall be equipped with at least one hundred
     forty-four square inches of ventilation and provided that
     the glazed area of such skylight together with the glazed
     area of any existing window shall be not less than one-
     eighth the superficial floor area of such room.

5.   When required by the department transoms, or louvres, or
     partition sash to private halls or to adjoining rooms in the
     same apartment shall be provided to secure thorough
     ventilation, but no such transom or louvres or partition
     sash shall be required in rooms having two windows opening
     to the outer air if each window contains at least twelve
     square feet of area nor in rooms having a mullioned window
     with an aggregate area of at least twenty-four square feet.


Sec. 174. Size of rooms.

Every living room shall contain five hundred fifty cubic feet or
more of air, shall be at least six feet wide at its narrowest
part and shall have a minimum height of seven feet if such room
is in the basement, of seven feet at all points more than six
feet from the front of such room if it is on the top story, and
of eight feet if on any other story, except that whenever a
basement conforms to the provisions of subdivision four of
section one hundred seventy-seven the living rooms in such
basement may have a minimum height of six feet eight inches from
the finished floor to the bottom of any beams projecting below
the level of the finished basement ceiling and of seven feet to
the ceiling between such beams.


Sec. 175. Alcoves.

1.   Every alcove, except a cooking space or foyer, shall be
     deemed a living room and shall open into an immediately
     adjoining living room which opens directly on a yard or
     street and in buildings not over two stories in height, such
     living room may open directly on an outer court or on a
     court, not less than four feet in width, extending from
     street to yard. Such an alcove shall be separately lighted
     and ventilated, and of such size as provided for other
     living rooms, unless it has an opening at least thirty-two
     and one-half square feet or more in area opening into a
     living room immediately adjoining.

2.   No part of any room shall be enclosed or subdivided at any
     time, wholly or in part, by a curtain, portiere, fixed or
     movable partition or any other device unless each enclosed
     or subdivided part meets all of the requirements for a
     separate living room or a lawful alcove.


Sec. 176. Cooking spaces.

If space exists or is provided for cooking, such space shall
comply with the provisions of section thirty-three.


Sec. 177. Rooms in basements and cellars.

1.   No room in any cellar shall be occupied for living purposes,
     except as provided in subdivision six of section thirty-four
     or in subdivision three of this section.

2.   A room occupied for living purposes in a basement shall
     comply with the requirements of sections one hundred seventy-
     three and one hundred seventy-four except as provided in
     subdivision four of this section.

3.   Where more than sixty per centum of the height of a cellar
     is below the level of the curb on which a dwelling faces,
     but the floor of such cellar is approximately at the level
     of the yard thereof and such yard is not less than thirty
     feet in depth at every point, the department may permit the
     use of such cellar for living purposes if it shall deem such
     cellar adequately lighted and ventilated and habitable. When
     permission is granted such a cellar shall be deemed a
     basement.

4.   The basement of a converted dwelling may be used for living
     purposes without meeting the requirements of subdivisions
     one and two of section one hundred seventy-three if such
     dwelling meets the other applicable requirements of such
     section and of this chapter, including the following:

     a.   Such a dwelling shall not exceed three stories,
          including the basement, in height.

     b.   It shall be occupied by not more than one family on any
          story, including the basement. For the purposes of this
          subdivision a family shall not be deemed to include any
          boarders, lodgers or roomers.

     c.   It shall have at least one court two feet or more in
          width extending across the entire depth of the lot from
          the street to the yard.

     d.   The department shall deem the basement to be adequately
          lighted and ventilated, free of any dampness, sanitary
          and habitable.

     e.   There shall be a separate water-closet compartment
          within the basement apartment conforming to the
          provisions of section two hundred.

     f.   Such dwelling shall not be required to comply with
          section one hundred eighty-seven if a scuttle is
          provided conforming to section one hundred eighty-
          eight.

     g.   This subdivision is applicable only to buildings noted,
          classified or recorded as such converted dwellings in
          the department prior to January first, nineteen hundred
          sixty-six.

5.   Notwithstanding any provisions of this section or of
     subdivision five of section three hundred, an apartment or
     room in a cellar which was occupied for living purposes at
     any time on or after October first, nineteen hundred fifty-
     two may thereafter continue to be occupied for such purposes
     until July first, nineteen hundred sixty-seven in accordance
     with the conditions imposed by subdivision five of section
     two hundred sixteen.


Sec. 178. Lighting and ventilation of stairs.

Where the stair and public halls are not provided on each story
with windows opening to a street, yard or court, a skylight
equipped with ridge ventilators having an opening of forty square
inches or more shall be provided in the roof over the stair,
except as otherwise provided in paragraph g of subdivision three
of section one hundred seventy-one. The glazed roof of such
skylight shall not be less in area than nine square feet nor less
than two feet in its least dimension, provided the ventilating
and glass areas in such skylight are not less than herein
required; except that in dwellings converted before April
eighteenth, nineteen hundred twenty-nine, where a skylight
smaller than such prescribed dimensions was in existence on such
date, no structural change shall be required, but a ventilating
skylight fitting the existing skylight opening in the roof beams
shall be deemed sufficient.


Sec. 179. Privacy.

In every apartment of three or more rooms in every class A
converted dwelling there shall be access to every living room
without passing through any bedroom, and to at least one water-
closet compartment within the apartment from every bedroom
without passing through any other bedroom.


                             TITLE 2
                         FIRE PROTECTION

Sec. 185. Cellar ceilings.

1.   Except as provided in paragraph g of subdivision three of
     section one hundred seventy-one, the ceiling of the cellar,
     or of the lowest story if there be no cellar, shall be fire-
     retarded unless such dwelling is three stories or less in
     height and the ceiling has already been plastered in a
     manner satisfactory to the department.

2.   In lieu of the requirements set forth in subdivision 1.
     hereof, buildings existing November first, nineteen hundred
     forty-nine, in cities having a population between five
     hundred thousand and one million having three stories or
     less in height and containing no more than six families or
     eight roomers or lodgers, with no human occupancy in the
     cellar or basement may comply by:

     I.   providing two means of egress to any area of the third
          floor used for human occupancy; and

     II.  providing approved safety controls on all fuel burning
          devices in basement or cellar; and

     III. fire-stopping of all openings in cellar or basement
          ceiling or openings leading to the floors above from
          cellar or basement such as, but not limited to, stud
          channels, openings around conduits, soil and water
          pipes, ducts, pipe chases, and by complying with either
          IV or V hereof;

     IV. providing an approved sprinkler system throughout entire
          cellar or basement area; or

     V.   a.   providing fire-retarded ceilings at the
               first floor level; and

          b.   providing sprinkler head or heads above each hot
               water heater, furnace and all other fuel burning
               devices in basement or cellar; and

          c.   fire-stopping all the interior entrances to any
               area of the third floor used for human occupancy
               at the second floor level with fire-retarded
               partitions, or equal construction, and a fire-
               retarded self-closing door and assembly.


Sec. 186. Extension roofs.

The under-surface of the roof of any extension shall be fire-
retarded or sprinklered unless such ceiling has already been
plastered in a manner satisfactory to the department.


Sec. 187. Egress.

1.   Except as provided in paragraph g of subdivision three of
     section one hundred seventy-one, egress from every apartment
     on each story shall be provided as follows:

a.   If a dwelling is two stories or less in height, or if it is
     three stories including a basement in height and conforms to
     the conditions of subdivision four of section one hundred
     seventy-seven, a single means of egress from each story to
     the street shall be sufficient.

b.   Every other dwelling shall have either two independent means
     of egress or one means of egress equipped with a sprinkler
     system.

c.   At least one means of egress shall be a stair extending to
     and through the roof by a bulkhead, except that a scuttle
     may be used in lieu of a bulkhead if the dwelling does not
     exceed a basement and three other stories in height, or if
     it does not exceed a basement and four other stories in
     height and is occupied by not more than two families on any
     story, and except that no bulkhead or scuttle, or stair or
     ladder leading thereto, shall be required where the roof is
     a peak roof with a pitch of more than fifteen degrees.

     d.   Whenever a second means of egress is required, it
          shall, except as provided in paragraph f, extend from
          the entrance story to the roof, and shall be located
          eight feet or more from the first means of egress
          unless separated therefrom by a public hall or elevator
          vestibule. Such second means of egress shall be
          directly accessible at each story to each apartment
          without having to pass through the first means of
          egress.

     e.   A required second means of egress shall be either a
          system of outside fire-escapes, constructed and
          arranged as provided in section fifty-three for fire-
          escapes erected after April eighteenth, nineteen
          hundred twenty-nine, a fire-stair, a fire-tower or a
          connection with an adjoining dwelling as provided in
          paragraph f below.

     f.   If the department upon the application of the owner
          shall deem it feasible and so permit, the owner shall
          provide, and at all times maintain unobstructed, a
          first means of egress extending by means of a stair
          from the street through a bulkhead to the roof and
          thence from the roof of such dwelling to the roof of an
          adjoining dwelling and through such adjoining dwelling
          to the street and a second means of egress from each
          apartment to a room on the same story or level in an
          adjoining dwelling by means of a balcony. Every such
          balcony shall comply with the requirements for a fire-
          escape balcony, except that its minimum clear width
          shall be two feet instead of three feet. If at any time
          such access to the street shall in the opinion of the
          department be obstructed or be otherwise unsafe the
          department shall revoke the permit, and upon such
          revocation the owner shall provide one of the other
          types of egress permitted in this section.

     g.   When the department shall find it impractical to erect
          an independent fire-escape and shall refuse to permit
          egress by means of balconies to an adjoining dwelling,
          the department may permit the erection or use of a fire-
          escape to which the occupants of such dwelling have
          safe, unobstructed access in common with the occupants
          of an adjoining dwelling.

     h.   Where a required means of egress leads to a yard less
          than thirty feet in depth, except as provided in
          paragraph f of subdivision four of section one hundred
          seventy-seven, there shall be access from such yard to
          the street through a court or fireproof passage, or to
          the yard or court of adjoining premises by a gate or
          door through an intervening fence, or, if the
          department deems such gate or door impracticable and so
          certifies, by a ladder to the top of an intervening
          fence or wall or by such other means as the department
          may require.

2.   Where a sprinkler system is required such system shall be
     equipped on each story with one or more automatic sprinkler
     heads with fusible struts which shall be constructed to fuse
     at a temperature not higher than one hundred sixty-five
     degrees Fahrenheit and all of which shall be constructed,
     located and arranged in every stair and entrance hall, and
     in every closet opening therefrom, in such manner as the
     department may require. Such system may be attached to the
     city water supply main if the normal minimum pressure
     thereon, measured in pounds per square inch at the street
     level at the point of connection with said main, is not less
     than the number of stories in the height of the dwelling,
     multiplied by five, plus fifteen. If such normal minimum
     pressure is less than the required amount or such system is
     not attached to the city water supply main, it shall be
     supplied with water from a tank located on the roof of the
     dwelling of such capacity and construction as the department
     may deem necessary. Such sprinkler system shall be
     maintained continuously in good repair and serviceable
     condition.


Sec. 188. Bulkheads and scuttles.

Except as provided in paragraph g of subdivision three of section
one hundred seventy-one, bulkheads and scuttles shall conform to
the following provisions:

1.   Every required bulkhead to and through the roof shall be
     fire-proof or constructed of wood covered with metal on the
     outside and fire-retarded on the inside, and shall have a
     fire-retarded door and assembly with the door self-closing.
     Every stair extending through a bulkhead shall have a hand
     rail.

2.   Every scuttle shall be at least twenty-one inches in width
     and twenty-eight inches in length, covered on the outside
     with metal and provided with a stair or a stationary iron
     ladder leading thereto and easily accessible to all
     occupants of the dwelling. Every scuttle shall be located in
     the ceiling of the stair hall on the top story and access to
     the roof through the scuttle shall be direct and
     uninterrupted. It shall be unlawful to enclose in any manner
     the ladder or stair leading to a scuttle.

3.   Every bulkhead door or scuttle shall not be self-locking and
     shall be fastened on the inside with movable bolts, hooks,
     or a lock which does not require a key to open from the
     inside of the dwelling.

4.   Where a dwelling has a peak roof with a pitch of more than
     fifteen degrees, no bulkhead or scuttle, or stair or ladder
     leading thereto, shall be required.


Sec. 189. Stair and public hall construction.

Except as provided in paragraph g of subdivision three of section
one hundred seventy-one, stairs and public halls shall conform to
the following provisions:

1.   In a dwelling more than a basement and three other stories
     in height or occupied by four families or more, the soffit
     and stringers of every stair between the lowest entrance
     story and the next higher story and the walls and ceilings
     of every lowest entrance hall shall be fire-retarded and in
     such dwellings converted on and after July first, nineteen
     hundred fifty-eight, all doors opening to such entrance hall
     and stairs, and the door assemblies, shall be fireproof with
     the doors self-closing. In lieu of the requirements of this
     subdivision, a sprinkler system may be installed in
     accordance with the provisions of section one hundred eighty-
     seven.

2.   Every door opening from any stair, entrance hall or other
     public hall to any other part of the dwelling shall be self-
     closing. Every glazed transom over any such door shall be
     glazed with wire glass. Every transom shall be stationary.
     On and after July first, nineteen hundred fifty-seven, every
     glazed panel or other glazed opening in any such door shall
     be glazed with wire glass.

3.   Every stair, except a basement or cellar stair, shall be two
     feet six inches or more in clear width. Any wooden stair may
     be replaced by an iron stair of like dimensions. Every
     entrance hall shall be two feet eight inches or more in
     clear width.

4.   If the number of rooms in a class B dwelling is increased
     and there are sixteen sleeping rooms or more above a
     basement or, if there be no basement, above the main
     entrance story, all partitions and ceilings enclosing public
     halls and stairs shall be fire-retarded throughout. All
     doors opening to such public halls and stairs, and their
     assemblies, shall be fireproof with the doors self-closing.
     Stairs shall be fireproof and shall extend from the main
     entrance story through a bulkhead to the roof.

5.   On and after July first, nineteen hundred fifty-seven, every
     interior sash, or opening other than a door, in the walls or
     partitions of any stair, entrance hall or other public hall,
     and every window therein not opening to the outer air, shall
     be removed and the openings closed up with material similar
     to the adjacent walls.


Sec. 190. Cellar stairs.

1.   Except as provided in paragraph g of subdivision three of
     section one hundred seventy-one, and except as otherwise
     provided in subdivision two hereof, every stair leading from
     a cellar to the floor above shall be constructed of
     incombustible materials, shall have closed risers, shall be
     completely enclosed with partitions of incombustible
     materials and shall be equipped at the bottom with a
     fireproof door and assembly with the door self-closing.

2.   Every existing stair leading from a cellar to the floor
     above in a converted dwelling accepted or approved by the
     department on or before July first, nineteen hundred sixty
     shall be deemed in compliance with this section.


Sec. 191. Wainscoting.

Wainscoting in any stair or public hall shall be removed unless
such wainscoting is backed against a fire-retarded wall or the
stair or hall is equipped with a sprinkler system conforming to
the provisions of section one hundred eighty-seven. Where
wainscoting is removed in order to fire-retard a public hall or
stair, such wainscoting may be replaced or additional wainscoting
may be applied to make the surfaces of any new partitions or
walls conform to existing partitions or walls provided such
additional wainscoting is similarly backed with fire-retarded
materials.


Sec. 192. Cellar entrance.

a.   If there is a cellar, there shall be an independent entrance
     thereto from outside the dwelling by means of a metal fire
     ladder or fireproof stair leading to an opening in the
     outside cellar wall at least two feet six inches in width
     and six feet in height. Such entrance to the cellar may be
     through an areaway or through a fireproof passageway leading
     directly to the street. The entrance to the cellar may be
     closed off with a grating or doors which shall not be locked
     or bolted unless they can be readily unbolted or unlocked
     from the inside without a key and shall be arranged and
     constructed so as to be readily opened at all times.

b.   In lieu of the requirements set forth in subdivision a
     hereof, buildings existing November first, nineteen hundred
     forty-nine in cities having a population between five
     hundred thousand and one million may comply with the
     following:

     1.   shall have an unobstructed entrance through a yard or
          court from a street:

          (a)  directly to exterior dwelling entrance with
               interior entrance to basement or cellar direct
               from said entrance, or from a fire retarded public
               hall or stair landing, and

          (b)  to one or more cellar or basement walls containing
               accessible windows.

     2.   The stairway leading to cellar or basement shall be
          enclosed with fire retarded partitions or equal
          construction and shall have a minimum fire rating of
          one hour. Said cellar or basement entrance shall be
          equipped with a one hour self-closing fire door
          assembly.


Sec. 193. Frame buildings.

No frame building shall be erected or maintained upon the same
lot with a dwelling converted after April twenty-eighth, nineteen
hundred thirty, nor shall any frame building not occupied on
April thirteenth, nineteen hundred forty, as a multiple dwelling
be altered or converted to such use; except that if the walls of
a frame converted dwelling are faced with a veneer of brick and
the entrance story is occupied by not more than one family, such
entrance story may be altered so that it may be occupied by two
families.


Sec. 194. Sprinkler heads in rooms.

1.   On and after July first, nineteen hundred fifty-seven, in
     every room used for class B occupancy whether in a class A
     or class B non-fireproof converted dwelling, there shall be
     one or more sprinkler heads. Such sprinkler heads shall be
     installed in accordance with the supplementary rules and
     regulations of the department. This requirement shall not
     apply to dwellings which have a required second means of
     egress.

2.   The requirements of this section shall not apply to a
     dwelling located within an area designated on the master
     plan as an area suitable for development and redevelopment,
     provided (a) that the agency in charge of such clearance
     shall have certified to the department on or before February
     first, nineteen hundred fifty-nine that the dwelling will be
     demolished within one year after the service of notice of
     violation and (b) that the dwelling is not in violation of
     any rules and regulations relating to overoccupancy, egress
     or fire protection. Such temporary exemption from the
     requirements of this section may be extended for an
     additional period of not more than six months upon renewal
     of such certification of demolition and safety.


                             TITLE 3
                           SANITATION

Sec. 200. Water-closets.

Water-closet compartments or bathrooms containing water-closets
in converted multiple dwellings shall comply with the applicable
provisions of section seventy-six.


=================================================================

                            ARTICLE 7
                            TENEMENTS

Section             210. Application of article seven
                         and other provisions to tenements.

                             TITLE 1
                          LIGHT AND AIR

Section             211. Height and bulk.
                    212. Yards and courts.
                    213. Lighting and ventilation of rooms.
                    214. Size of rooms.
                    215. Alcoves.
                    216. Rooms in basements and cellars.
                    217. Lighting and ventilation of
                         public halls and stairs.
                    218. Alterations.

                             TITLE 2
                         FIRE PROTECTION

Section             230. Chimneys and fireplaces.
                    231. Egress.
                    232. Fire-escapes.
                    233. Bulkheads and scuttles.
                    234. Stairs and public halls.
                    235. Stairs in non-fireproof tenements.
                    236. Stairs in fireproof tenements.
                    237. Stair construction.
                    238. Stair and entrance halls.
                    239. Tower fire-escapes and
                         supplemental stairs.
                    240. First tier of beams.
                    241. Partitions; fire-stopping.
                    242. Cellar and basement stairs in
                         non-fireproof tenements.
                    243. Cellar and basement stairs in
                         fireproof tenements.
                    244. Spaces under stairs.
                    245. Cellar entrance.

                            TITLE 2-A
                      SINGLE ROOM OCCUPANCY

Section             248. Single room occupancy.

                             TITLE 3
                           SANITATION

Section             250. Water-closets.
                    251. Vent flues.
                    252. Privacy.

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Sec. 210. Application of article seven and other provisions to
          tenements.

Except as provided in section two hundred forty-eight, the
provisions of this article shall apply only to tenements, as
defined in subdivision eleven of section four, occupied as such
before April eighteenth, nineteen hundred twenty-nine. Unless in
this article otherwise specifically prescribed, none of its
provisions shall be deemed to require any structural alteration
in any tenement erected after April eleventh, nineteen hundred
one and lawfully occupied as such on April eighteenth, nineteen
hundred twenty-nine. Nothing in this article shall apply to
converted dwellings. In addition to the provisions of this
article, the following enumerated articles and sections shall, to
the extent required therein, apply to tenements:

     Article 1.     Introductory provisions; definitions
     2.             Miscellaneous application provisions
     7-a.           Temporary provisions
     8.             Requirements and remedies
     9.             Registry of names and service of papers
     10.            Prostitution
     11.            Laws repealed; saving clause; legislative
                    intent; effect

     Sec. 28.       Two or more buildings on same lot
     29.            Painting of courts and shafts
     31.            Size of rooms--subdivision six
     33.            Cooking spaces
     34.            Rooms in basements and cellars
     35.            Entrance doors and lights
     37.            Artificial hall lighting
     51.            Shafts, elevators and dumbwaiters
     52.            Stairs
     53.            Fire-escapes
     55.            Wainscoting
     56.            Frame buildings and extensions
     57.            Bells; mail receptacles
     58.            Incombustible materials
     59.            Bakeries and fat boiling
     60.            Motor vehicle storage
     61.            Business uses
     62.            Parapets, guard railings and wires--
                    subdivision two
     75.            Water supply
     76.            Water-closet and bath accommodations
     77.            Plumbing and drainage
     78.            Repairs
     79.            Heating
     80.            Cleanliness
     81.            Receptacles for waste matter
     83.            Janitor or housekeeper


                             TITLE 1
                          LIGHT AND AIR

Sec. 211. Height and bulk.

1.   No tenement shall be increased in height so that its height
     shall exceed by more than one-half the width of the widest
     street upon which it stands. Except as otherwise provided in
     subdivision four of this section, no non-fireproof tenement
     shall be increased in height so that it shall exceed five
     stories, except that any tenement may be increased to any
     height permitted for multiple dwellings erected after April
     eighteenth, nineteen hundred twenty-nine, if such tenement
     conforms to the provisions of this chapter governing like
     multiple dwellings erected after such date.

2.   If there are bulkheads, superstructures or penthouses
     exceeding ten feet in height or exceeding in aggregate area
     ten per centum of the area of the roof, the measurement of
     height shall be taken to the top of such bulkhead,
     superstructure or penthouse, except that this shall not
     apply to elevator enclosures not exceeding twenty-three feet
     in height used solely for elevator purposes, nor to open
     pergolas or similar open ornamental treatment of roof-
     gardens or playgrounds.

3.   In a fireproof tenement house in which one or more passenger
     elevators are operated, penthouses may be erected on the
     main roof. Such penthouses shall be set back at least five
     feet from the front walls and ten feet from the rear walls
     of the dwelling and at least three feet from any court wall.
     Such penthouses shall have a clear inside height of not less
     than nine feet from finished floor to finished ceiling, and
     shall not exceed twelve feet in height from the high point
     of the main roof to the highest point of the penthouse roof.
     Such penthouses shall not be deemed to affect the
     measurement of height of the dwelling. All such penthouses
     shall be entirely fireproof except that windows shall not be
     required to be glazed with wire glass.

4.   Any non-fireproof old-law tenement five stories in height
     may be increased in number of stories to six provided that
     such increase in number of stories does not result in an
     increase in the height of the roof beams above the curb
     level. In any tenement so altered, the first floor above the
     lowest cellar, or, if there be no cellar, above the basement
     or other lowest story, shall be fireproof. Any yard or court
     of such altered tenement shall not be less in any dimension
     than the minimum dimensions prescribed in section twenty-
     six.

Sec. 212. Yards and courts.

1.   No tenement shall be enlarged or its lot diminished in any
     way which would leave any yard or court less in any
     dimension than the minimum dimensions prescribed for yards
     or courts in section twenty-six.

     The restrictions of this subdivision shall not apply to
     tenements erected after April twelfth, nineteen hundred one,
     on lots which run through from one street to another street
     and do not exceed one hundred feet in depth.

2.   Any court constructed on or after December fifteenth,
     nineteen hundred sixty-one in a tenement to ventilate any
     room, public hall, water-closet compartment or bathroom
     shall be of the dimensions prescribed in section twenty-six,
     and such court shall under no circumstances be roofed or
     covered over at the top. Every such court, if an inner
     court, shall be provided at the bottom with one or more
     horizontal air-intakes constructed as provided in section
     twenty-six.

3.   Any shaft or court constructed after April eighteenth,
     nineteen hundred twenty-nine, which is used to light or
     ventilate any room occupied for living purposes in any old-
     law tenement shall be at least twenty-five square feet in
     area and four feet in width in every part, and shall under
     no circumstances be roofed or covered over at the top. Every
     such shaft shall be provided at the bottom with a horizontal
     air-intake or duct at least four square feet in area
     communicating directly with a street or yard and so arranged
     as to be easily cleaned.

4.   In every old-law tenement there shall be a door at the
     bottom of every shaft and inner court giving access to the
     shaft or court and whenever the shaft or inner court is less
     than two hundred square feet in area or ten feet in any
     dimension, such door and its assembly shall be fireproof
     with the door self-closing. Where a window or door existing
     on April eighteenth, nineteen hundred twenty-nine, gives
     proper access to such a shaft or court, such window or door
     shall be deemed sufficient.

Sec. 213. Lighting and ventilation of rooms.

1.   No tenement, its lot or any room, public hall or stairs
     therein shall be so altered as to have its light or
     ventilation diminished in any way not approved by the
     department.

2.   In every tenement erected after April twelfth, nineteen
     hundred one, every stair hall, public hall and living room
     and at least one water-closet compartment or bathroom
     containing a water-closet in each apartment, shall have at
     least one window opening directly upon a street or upon a
     lawful yard or court existing on April eighteenth, nineteen
     hundred twenty-nine. Such window shall be so located as to
     properly light all portions of such hall, room or
     compartment. Every part of an apartment of three rooms or
     less in such a tenement shall be within eighteen feet of a
     street or yard or have a window opening upon a lawful inner
     or outer court existing on April eighteenth, nineteen
     hundred twenty-nine. When a room in a tenement opens upon an
     inner court on a lot line and less than ten feet wide from
     the lot line to the opposite wall of the dwelling, such room
     shall be provided with a sash window communicating with
     another room in the same apartment. Such window shall
     contain at least ten square feet of glazed surface and be
     made so as to open readily.

3.   No room in any old-law tenement shall be occupied for living
     purposes unless it meets the conditions in one of the
     following paragraphs:

     a.   Such room has a window opening directly upon a street,
          or upon a yard at least four feet in depth, or above
          the roof of an adjoining building, or upon a court or
          shaft at least twenty square feet in area open to the
          sky.

     b.   Such room is located on the top story and is adequately
          lighted by a ventilating skylight opening directly to
          the outer air.

     c.   Such room has a sash window opening directly into an
          immediately adjoining room in the same apartment which
          latter room opens directly on a street or yard at least
          four feet in depth. Such window shall have a vertically
          sliding pulley-hung sash not less than three feet by
          five feet, except that when it is impossible to
          construct a window of such size, the department may
          permit such window to be narrower. Both halves of the
          sash shall be made so as to open readily, and the lower
          half shall be glazed with translucent glass, or with
          obscure wire glass if the department shall so require.
          So far as possible such window shall be in line with
          windows in outer rooms opening on a street or yard, so
          as to afford a maximum of light and ventilation.

     d.   Such room has an alcove opening, of no less dimension
          than required for such a sash window, to such an
          adjoining room, in addition to the usual door openings.

4.   In every existing tenement the department, in addition to
     the requirements of subdivision four of section eighty, may,
     as often as it deems necessary, require the walls and
     ceilings of every room that does not open directly on a
     street to be kalsomined or painted white to improve the
     lighting of such room.

5.   Notwithstanding anything in this section to the contrary, no
     room in any old-law tenement in an apartment which is vacant
     on June thirtieth, nineteen hundred sixty, or thereafter
     becomes vacant, and, on and after June thirtieth, nineteen
     hundred seventy no room in any old-law tenement shall be
     used for living purposes unless such room shall have a
     window opening directly upon the street, or upon a yard not
     less than four feet deep, or above the roof of an adjoining
     building, or upon a court or shaft of not less than twenty
     square feet in area, open to the sky without roof or
     skylight, unless such room is located on the top floor and
     is adequately lighted and ventilated by a skylight opening
     directly to the outer air.

     An alcove shall be deemed to comply with the requirements of
     this subdivision if (1) it opens directly into an
     immediately adjoining room in the same apartment, and (2)
     such adjoining room opens directly on a street or yard, and
     (3) a single unbroken open space occupies at least sixty per
     centum of the area of the vertical plane between the alcove
     and such adjoining room. The required open space between any
     such alcove and an adjoining room through which it receives
     light and ventilation shall not be obstructed by any
     curtain, portiere, fixed or movable partition or other
     contrivance or device.


Sec. 214. Size of rooms.

1.   In every tenement erected after April twelfth, nineteen
     hundred one, the sizes of living rooms shall meet the
     following requirements:

     a.   In each apartment there shall be at least one living
          room containing at least one hundred twenty square feet
          of clear floor area, and every other living room except
          a kitchen shall contain at least seventy square feet of
          clear floor area.

     b.   Every living room which contains less than eighty
          square feet of clear floor area or which is located in
          the cellar or basement shall be at least nine feet
          high, and every other living room at least eight feet
          high; these measurements to be taken from finished
          floor to finished ceiling.

     c.   Every living room shall have a least horizontal
          dimension of at least six feet and, if the tenement was
          erected after April eighteenth, nineteen hundred
          twelve, of at least seven feet; except that the minimum
          horizontal dimension of any kitchen and of a maid's or
          servant's sleeping room in a fire-proof tenement in
          which one or more passenger elevators are operated,
          shall be six feet.

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 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.


Sec. 215. Alcoves.

No part of any room shall be enclosed or subdivided, wholly or in
part, by a curtain, portiere, fixed or movable partition or other
contrivance or device unless each such enclosure or subdivision
shall contain a separate window conforming to the provisions of
section thirty for rooms in multiple dwellings erected after
April eighteenth, nineteen hundred twenty-nine, and have a clear
floor area of at least seventy square feet.


Sec. 216. Rooms in basements and cellars.

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:

1.   a.   There shall be appurtenant to every such room a
          water-closet constructed and accessible in accordance
          with the provisions of section seventy-six for
          dwellings erected after April eighteenth, nineteen
          hundred twenty-nine.

     b.   Every such room and all cellars and basements shall be
          lighted and ventilated to the satisfaction of the
          department.

2.   If such room is in a tenement erected after April twelfth,
     nineteen hundred one:

     a.   Such room shall be at least nine feet high in every
          part from floor to ceiling.

     b.   Every part of the ceiling of such room shall be at
          least four feet six inches above the curb level of the
          street in front of such part when such room or the
          apartment containing it is located in the front part of
          the dwelling, and at least two feet above such curb
          level in front of the dwelling when such room or the
          apartment containing it is located in the rear of the
          dwelling and the yard is less than sixty feet in depth
          and does not extend to a street along its entire width.

     c.   The level of any yard or court upon which such a room
          or apartment opens shall conform to the requirements of
          subdivision eight of section twenty-six.

     d.   Every such room shall have a window opening upon a
          street, yard or court, and shall be an integral part of
          an apartment containing a room with a window opening
          directly upon a street or yard or upon an outer court
          at least eighteen feet in width and not more than
          thirty feet in depth or upon a larger outer court whose
          depth does not exceed its width by more than one-half.

     e.   Except when the yard is sixty feet or more in depth
          there shall be not more than one apartment in any
          cellar. It shall contain not more than five rooms and
          bath, and no such room shall open upon any court less
          than five feet six inches in width. Every part of such
          apartment shall either be located within twenty-five
          feet of the inner line of the front or rear wall of the
          dwelling or have a window opening upon a court which is
          at least twelve feet in width. No other rooms in the
          cellar shall be occupied for living purposes.

     f.   The area of every window in such a room shall be 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.

     g.   All walls enclosing such room shall be dampproof and
          its floor dampproof and waterproof.  The dampproofing
          and waterproofing shall run through and up the walls to
          the ground level.

     h.   The entire cellar, or lowest story if there be no
          cellar, shall be properly constructed so as to prevent
          dampness or water from entering.

3.   If such room is in the cellar of any old-law tenement either
     the conditions enumerated in subdivision two or the
     following conditions shall be complied with:

     a.   Such room shall be at least eight feet high in every
          part from floor to ceiling.

     b.   Every part of the ceiling of every such room shall be
          at least four feet above the surface of the street in
          front of every part of such room, or at least half the
          height of such room shall be everywhere above the
          highest level of the ground outside of and adjoining
          every part of the exterior wall of such room for a
          distance of thirty feet measured at a right angle to
          the outer surface of such wall.

     c.   Such adjoining ground shall be effectively drained and
          shall be open and unoccupied in every part.

     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
          readily and such window or windows shall provide at
          least twelve square feet of clear openings for
          ventilation.

     e.   Such room shall be thoroughly dry and fit for human
          habitation.

     f.   If the tenement is over marshy ground, or ground on
          which water lies or on which there is upward water
          pressure, the entire cellar, or lowest story if there
          be no cellar, shall be made dampproof and waterproof.

4.   If such room is in the basement of any old-law tenement the
     provisions of subdivision one and in addition the provisions
     of subdivision two or of subdivision three, or the
     provisions of paragraph f of subdivision three and of either
     of the following paragraphs, shall be complied with:

     a.   Such room shall be everywhere seven feet or more in
          height from floor to ceiling and occupied solely by a
          family which occupies the entire story above, and such
          room shall not be used for sleeping purposes; or

     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 apartment containing
          such room shall have one or more rooms opening upon a
          street or yard.

5.   Notwithstanding any provisions of this section or of
     subdivision five of section three hundred of this chapter,
     an apartment or room in a cellar or basement which was
     occupied for living purposes on April first, nineteen
     hundred fifty-three may thereafter continue to be occupied
     for such purposes until July first, nineteen hundred sixty-
     seven, upon the issuance of a joint certificate by the
     department and the department of health. Such certificate
     shall be renewed for any such apartment or room which
     continues to be occupied in an old-law tenement after June
     thirtieth, nineteen hundred fifty-seven. The certificate
     shall indicate their joint belief that such occupancy is not
     detrimental to life and health with due regard to the
     following conditions:

     a.   that the apartment or room is reasonably lighted and
          ventilated,

     b.   that adequate sanitary facilities are provided,
          including water supply and water closet accommodations,

     c.   that the premises are clean and free from rodents and
          vermin,

     d.   that the walls and ceilings are sound and reasonably
          free of dampness and there is a minimum of seven feet
          in height from floor to ceiling,

     e.   that the apartment or room is adequately heated from a
          central heating system or by other approved means,

     f.   that the structural arrangement, including egress
          facilities, of the apartment or room does not
          constitute a fire hazard,

     g.   that notwithstanding the provisions of this
          subdivision, any apartment occupied pursuant to the
          provisions of this subdivision which becomes vacant on
          or after June first, nineteen hundred fifty-five shall
          not thereafter be occupied for dwelling purposes. This
          paragraph shall also apply to any room which becomes
          vacant on or after June first, nineteen hundred fifty-
          six.


Sec. 217. Lighting and ventilation of public halls and stairs.

1.   In every tenement erected after April twelfth, nineteen
     hundred one, which exceeds four stories in height or is
     occupied by three families or more on any story, every
     public hall shall have at least one window opening directly
     upon a street, yard or court. Such window shall be located
     at the end of the hall and at right angles to its length,
     with an additional window in each thirty feet of hall or
     fraction thereof beyond the first sixty feet from such end
     window if the tenement was erected after April eighteenth,
     nineteen hundred twelve; or, if the window is not thus
     located at the end of the hall, there shall be at least one
     window opening directly upon a street, yard or court in
     every twenty feet of the length of the hall or fraction
     thereof, measured from one end of hall; but the foregoing
     provisions shall not apply to that portion of an entrance
     hall between the entrance and the first flight of stairs if
     the entrance door contains five square feet or more of
     glazed surface.

2.   When the length of any recess or return off of a public hall
     in such a tenement does not exceed twice its width, no
     window shall be required therein. But wherever the length of
     a recess or return exceeds twice its width there shall be an
     additional window or windows meeting the requirements for a
     separate public hall.

3.   Except as provided in subdivision four, a tenement erected
     after April twelfth, nineteen hundred one, which is four
     stories or less in height and occupied by not more than two
     families on any story shall either have windows in its
     public halls as above provided or a stairwell twelve inches
     or more in width extending from the entrance story to the
     roof. In such a tenement, except as provided in subdivision
     four, every entrance door shall contain five square feet or
     more of glazed surface, and all doors leading from the
     public halls shall be provided with translucent glass panels
     five square feet or more in area for each door and fixed
     transoms of translucent glass over each door.

4.   Neither such windows nor such a stairwell shall be required
     in cities of one million or more population in tenements
     which do not exceed three stories in height or fifty-five
     feet in depth and which are occupied by not more than one
     family on any story and in which the stairs descend in a
     straight and continuous run from the top story to the
     entrance story with proper landings at each story. Such
     tenements shall not be required to have glass panels or
     transoms in the doors leading from the public halls.

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.

6.   In every such tenement there shall be provided, at every
     floor level, a window opening upon a street, yard, court or
     space above a setback to light and ventilate every stair.
     Every such required window shall be of the size required by
     subdivision five, except that a window opening upon a street
     need be only four feet high. On the top story a ventilating
     skylight of the same dimensions shall be accepted in lieu of
     a window for that story.

7.   In every such tenement there shall be in the roof, directly
     over each stairwell, a ventilating skylight provided with
     ridge ventilators having an opening of at least forty square
     inches, or provided with fixed or movable louvres. The roof
     of every such skylight shall have at least twenty square
     feet of glazed surface. If the stairs and public halls are
     not provided at each story with windows opening directly to
     the outer air, the skylights shall be provided with ridge
     ventilators and also with fixed or movable louvres or
     movable sashes.

8.   A sash door shall be deemed the equivalent of a window for
     the purposes of this section if it contains the amount of
     glazed surface prescribed for such windows.

9.   In all old-law tenements the public halls and stairs shall
     be provided with such skylights, ventilators, windows in
     bulkheads or other means of lighting and ventilation as may
     be deemed practicable by the department.

10.  All skylights installed in old-law tenements after April
     eighteenth, nineteen hundred twenty-nine, shall be provided
     with ridge ventilators having an opening of at least forty
     square inches and also with fixed or movable louvres or with
     movable sashes. They shall be of such size as may be
     determined to be practicable by the department, and the
     roofs of such skylights shall be glazed with plain glass
     equipped with suitable wire screen above and below.

11.  Whenever a public hall in any old-law tenement four stories
     or more in height is not light enough in the daytime to
     permit a person to read in every part thereof without the
     aid of artificial light, every door at the end of such hall
     or opening therefrom into a room shall have a wire glass
     panel or panels of an aggregate area of at least four square
     feet; or in lieu thereof such hall may be lighted by a
     window or windows opening upon a street or upon a lawful
     yard, court or shaft, with the plane of each such window at
     right angles to the length of the hall. In any such tenement
     any public hall or stair which is not provided with a window
     opening directly upon a street or yard and which is not
     sufficiently lighted in the opinion of the department shall
     be provided by the owner with artificial light, which shall
     be kept burning at all times.

12.  Any part of a public hall that is shut off from any other
     part of such hall by a door or doors shall be deemed a
     separate hall for the purposes of this section.


Sec. 218. Alterations.

1.   Any non-fireproof tenement erected after May fifteenth,
     nineteen hundred two, having apartments extending from
     street to yard and having one or more outer courts on a side
     lot line four feet or more in width or inner courts which
     alone or together with adjoining courts are eight feet or
     more in width and twelve feet six inches or more in depth,
     may be altered into apartments opening either on the street
     or the yard, provided all such altered apartments also have
     windows opening on such a court. All such altered apartments
     shall be provided with a second means of egress as required
     by section two hundred thirty-one. The entrance and stair
     halls of such tenement shall be fire-retarded.

2.   No room in the cellar or basement of any tenement shall be
     constructed or altered to be occupied for living purposes
     unless all of the conditions of section thirty-four and of
     subdivision eight of section twenty-six in regard to
     multiple dwellings erected after April eighteenth, nineteen
     hundred twenty-nine, are complied with, except that the
     minimum depths of yards and courts prescribed for tenements
     in subdivision one of section two hundred twelve shall be
     substituted for the minimum depths referred to in section
     thirty-four.

3.   Any additional room or hall constructed or created in a
     tenement shall comply in all respects with the provisions of
     this article respecting rooms or halls in tenements erected
     after April eighteenth, nineteen hundred twelve, except that
     in any tenement erected after April fourteenth, nineteen
     hundred three, such rooms or halls may be of the same height
     as the other rooms or halls on the same story.

4.   The number of apartments or suites of rooms on any story in
     any tenement erected after April twelfth, nineteen hundred
     one, may be altered so as to increase or decrease the number
     of living rooms provided such dwelling shall conform with
     the applicable provisions of sections two hundred thirty-
     five and two hundred thirty-six.

5.   If the number of apartments or suites of rooms in any old-
     law tenement is increased, the entrance hall and both sides
     of the walls of the stair halls adjoining the altered
     apartment shall be fire-retarded, the stairs shall extend to
     the roof and there shall be no inside stairs from the
     entrance story to a cellar, or to a basement or other story
     below the entrance story. However, such inside stair may be
     permitted provided such stair is constructed of
     incombustible material, has closed risers, is enclosed
     between the entrance story and the next lowest story with
     fireproof materials having a standard fire-resistive rating
     of at least three hours, and has fireproof doors and door
     assemblies at the top and bottom with the doors and door
     assemblies at the top and bottom with the doors self-
     closing. The soffit of any stair immediately above an inside
     cellar stair shall be fire-retarded and the jib partitions
     enclosing such cellar stair at the first story shall be of
     incombustible material or fire-retarded on both sides with
     materials having a standard fire-resistive rating of at
     least one hour.

6.   If any old-law tenement shall be so altered as to increase
     the number of rooms therein by one-third or more, or if such
     tenement is increased both in number of rooms and in height
     and after such alteration is more than four stories or parts
     of stories above the curb level, or if such tenement is over
     three stories in height and is combined with another old-law
     tenement and the combined area on any story exceeds three
     thousand square feet, the stair halls, entrance halls and
     other public halls of the whole dwelling shall be made to
     conform to the requirements of subdivision two of section
     two hundred thirty-three and sections two hundred thirty-
     four to two hundred thirty-eight inclusive, except that such
     combined tenements, if over three stories in height, shall
     have in the roof a fireproof bulkhead with a fireproof self-
     closing door.

7.   In lieu of fire retarding required under subdivision five,
     there may be installed in public halls an automatic dry pipe
     valve system or, where halls are heated, an automatic wet
     pipe system. Where a sprinkler system is installed it shall
     be equipped on each story with heads in such number and
     spaced to protect the complete area of the public halls and
     stairs and shall be constructed, located and arranged on
     every stair and entrance hall and in every closet opening
     therefrom in such a manner as the department may require.
     Such sprinkler system shall be maintained continuously in
     good repair and serviceable condition.


                             TITLE 2
                         FIRE PROTECTION

Sec. 230. Chimneys and fireplaces.

In every existing tenement which is not heated from a central
heating plant there shall be adequate flues or chimneys through
every floor with a fireplace or place for a stove properly
connected with one of such flues or chimneys for every apartment.


Sec. 231. Egress.

1.   Every non-fireproof tenement exceeding two stories in height
     and every fireproof tenement erected after May sixteenth,
     nineteen hundred thirteen, shall have at least two
     independent means of egress, which shall extend from the
     ground story to the roof, be located remote from each other
     and be separated from each other by walls.

2.   One of such means of egress shall be a flight of stairs
     constructed as provided in sections two hundred thirty-three
     to two hundred thirty-eight inclusive; but this sentence
     shall not be construed to require any alteration in the
     material or width of any stair or its treads and risers
     lawfully permitted on April eighteenth, nineteen hundred
     twenty-nine.

3.   The other required means of egress shall be directly
     accessible at each story to each apartment without having to
     pass through the first means of egress. Such other means of
     egress shall be any one of the following, as the owner may
     elect:

     a.   A system of outside fire-escapes constructed as
          provided in section fifty-three.

     b.   An additional stair, either inside or outside,
          constructed and arranged as provided in sections two
          hundred thirty-three to two hundred thirty-eight
          inclusive.

     c.   A fire-tower or fire-stair constructed and arranged as
          provided in section two hundred thirty-nine.

     d.   Except as provided in subdivision nine of section fifty-
          three, any means of egress lawfully permitted on April
          eighteenth, nineteen hundred twenty-nine, except wire,
          chain, cable, vertical ladder, or rope fire-escapes.


Sec. 232. Fire-escapes.

1.   All fire-escapes erected after April eighteenth, nineteen
     hundred twenty-nine, shall be arranged and constructed in
     conformity with the provisions of section fifty-three.

2.   As specifically indicated in subdivision nine of section
     fifty-three, a wire, chain, cable, vertical ladder, or rope
     fire-escape is an unlawful means of egress from any
     apartment. Every such fire-escape shall be removed and
     replaced, if required as a means of egress, by a system of
     fire-escapes constructed and arranged as provided in section
     fifty-three.


Sec. 233. Bulkheads and scuttles.

1.   Every tenement, except as in this section otherwise
     provided, shall have in the roof a fireproof bulkhead with a
     fireproof door and after January first, nineteen hundred
     fifty-seven, the door shall be self-closing. Bulkheads
     existing on April eighteenth, nineteen hundred twenty-nine,
     shall be lawful and may be replaced or repaired with
     material conforming to the material of which such bulkhead
     consisted on such date.

2.   A bulkhead in the roof of an old-law tenement which is more
     than a basement and four other stories in height or which is
     a basement and four other stories in height and occupied by
     three or more families on any story, may be of wood covered
     with metal on the outside and fire-retarded on the inside.
     Such a bulkhead shall be equipped with a fire-retarded door
     and assembly with the door self-closing.

3.   In any old-law tenement which is four stories or less in
     height or which is a basement and four other stories in
     height and occupied by not more than two families on any
     story, no bulkhead shall be required provided such tenement
     is equipped with a scuttle located in the ceiling of a
     public hall on the top story and with access thereto direct,
     uninterrupted and easily accessible to all tenants. All such
     scuttles shall be at least twenty-one inches in width and
     twenty-eight inches in length. They shall be constructed so
     as to be readily opened, covered on the outside with metal
     and provided with stairs or stationary iron ladders leading
     thereto.

4.   Every required stair in every tenement erected after April
     eighteenth, nineteen hundred twelve, which is more than a
     basement and three other stories in height shall extend to
     and through a bulkhead in the roof. Such bulkhead shall have
     a fireproof door and assembly with the door self-closing and
     may be constructed of wood covered with metal on the outside
     and fire-retarded on the inside.

5.   Stairs leading to required bulkheads shall be fireproof and
     constructed as specified in sections two hundred thirty-four
     to two hundred thirty-eight inclusive, except that any such
     stairs existing on April eighteenth, nineteen hundred twenty-
     nine, shall be permitted without alteration, and that any
     such stairs constructed after such date in any old-law
     tenement may have such width and angle of ascent, and risers
     and treads of such dimensions, as approved by the
     department. All stairs to required bulkheads shall be
     provided with a guide or hand rail.

6.   Bulkhead doors and scuttles shall not be self-locking, and
     shall be fastened on the inside with movable bolts, hooks,
     or a lock which does not require a key to open it from the
     inside of the dwelling. All key locks are unlawful and where
     existing shall be removed.


Sec. 234. Stairs and public halls.

1.   In every tenement erected after April eighteenth, nineteen
     hundred twelve, all stairs shall extend from the entrance
     story to the roof, except as otherwise provided in section
     two hundred thirty-three, and the stairs and public halls
     shall each be at least three feet in clear width. Every
     apartment in such a tenement shall be directly accessible at
     each story to such stairs and public halls, and every story
     of such apartment shall be so accessible to such a stair and
     public hall or to a tower fire-escape or stairway, as
     provided in this section and sections two hundred thirty-
     five to two hundred thirty-nine inclusive.

2.   In every tenement erected after April twelfth, nineteen
     hundred one, except as provided in paragraph b of
     subdivision two of section two hundred thirty-eight, all
     stairs and public halls shall be completely separated from
     all other stairs and from every elevator by brick walls or
     partitions of terra cotta blocks at least four inches thick,
     or hollow cement blocks at least four inches thick which
     have successfully withstood a three-hour standard fire test
     and been approved by the department and have fireproof doors
     and assemblies with the doors self-closing at all openings.
     From any portion of a public hall in such a tenement there
     may be a recess which shall not be deemed a public hall if
     the walls, floor and ceilings enclosing it are fire-retarded
     and such recess is at all times adequately lighted by
     electric lights of at least fifteen watts or equivalent
     illumination. Such a recess shall not be more than twenty
     feet long and shall not be used as a means of egress from
     more than three apartments.


Sec. 235. Stairs in non-fireproof tenements.

1.   Every non-fireproof tenement erected after May fifteenth,
     nineteen hundred two, containing more than twenty-six
     apartments or suites of rooms above the entrance story shall
     have an additional stair for every additional twenty-six
     apartments or suites or fraction thereof; except that if
     such tenement contains not more than thirty-six apartments
     above the entrance story, in lieu of an additional stair the
     stairs, stair halls and entrance halls throughout the entire
     tenement may each be at least one-half wider than is
     specified in sections two hundred thirty-four, two hundred
     thirty-seven and two hundred thirty-eight.

2.   The number of apartments on any story in any non-fireproof
     tenement may be altered, if the number of living rooms on
     such story is not increased by more than twenty per centum.
     If the number of living rooms on any story or section
     thereof above the entrance story exceeds twenty, there shall
     be an additional stair for each twenty rooms or fraction
     thereof on any such story or section thereof, except that if
     the number of living rooms on any such story or section does
     not exceed thirty, in lieu of an additional stair one stair
     and every public hall connected therewith may be at least
     one-half wider than is specified in sections two hundred
     thirty-four, two hundred thirty-seven and two hundred thirty-
     eight.

3.   Whenever the total number of rooms, exclusive of bathrooms,
     water-closet compartments, and cooking spaces not exceeding
     fifty-nine square feet in area, in any non-fireproof
     tenement or section thereof is decreased through the process
     of an alteration, the number of apartments may be altered
     and the provisions of this section which relate to
     additional stairs shall not be applicable.


Sec. 236. Stairs in fireproof tenements.

1.   Except as in this section otherwise provided, every
     fireproof tenement erected after May fifteenth, nineteen
     hundred two, containing more than thirty-six apartments or
     suites of rooms above the entrance story shall have an
     additional stair for every additional thirty-six apartments
     or suites or fraction thereof.

2.   If such a tenement contains not more than forty-eight
     apartments or suites above the entrance story, in lieu of an
     additional stair the stairs, stair halls and entrance halls
     throughout the entire tenement may each be at least one-half
     wider than is specified in sections two hundred thirty-four,
     two hundred thirty-seven and two hundred thirty-eight.

3.   If such a tenement contains more than seventy-two apartments
     or suites but not more than eighty-four above the entrance
     story, in lieu of three stairs there may be only two stairs,
     provided that one of such stairs and the stair and entrance
     halls connected therewith are at least one-half wider than
     is specified in sections two hundred thirty-four, two
     hundred thirty-seven and two hundred thirty-eight.

4.   For the purposes of this section a janitor's apartment in a
     penthouse shall not be construed as an additional apartment.

5.   The number of apartments on any story in any fireproof
     tenement may be altered, if the number of living rooms on
     such story is not increased by more than thirty per centum.
     If the number of living rooms on any story or section
     thereof above the entrance story exceeds thirty, there shall
     be an additional stair for each thirty rooms or fraction
     thereof on any such story or section thereof, except that if
     the number of living rooms on any such story or section does
     not exceed forty, in lieu of an additional stair one stair
     and every public hall connected therewith may be at least
     one-half wider than is specified in sections two hundred
     thirty-four, two hundred thirty-seven and two hundred thirty-
     eight; but in every such tenement erected before May
     sixteenth, nineteen hundred thirteen, and altered as herein
     permitted, the occupants of each additional apartment shall
     have access to at least two independent means of egress,
     which shall be made to conform to the requirements of
     section two hundred thirty-one for fireproof tenements
     erected after such date.

6.   Whenever the total number of rooms, exclusive of bathrooms,
     water-closet compartments, and cookings spaces not exceeding
     fifty-nine square feet in area, in any fireproof tenement or
     section thereof is decreased through the process of an
     alteration, the number of apartments may be altered and the
     provisions of this section which relate to additional stairs
     shall not be applicable.


Sec. 237. Stair construction.

1.   Every stair in a tenement erected after April twelfth,
     nineteen hundred one, shall be accessible on the entrance
     story from a street or street court, or from an inner court
     which connects directly with a street.

2.   All such stairs shall have risers of eight inches or less
     and treads at least ten inches in clear width and three feet
     in clear length.

3.   Winding stairs shall be unlawful except in a tenement
     provided with a passenger elevator. When winding stairs or
     radial steps are installed or used, the strings from which
     the risers radiate shall be curved on a circle of at least
     one foot diameter, the treads shall be at least four inches
     wide at the string, not including the nosing, and the angle
     formed by the face of each riser and the string shall not
     diverge more than forty degrees from a line normal to the
     string at the intersection of such riser. It shall be
     unlawful to construct new winding stairs.

4.   Stairs constructed after April eighteenth, nineteen hundred
     twenty-nine, shall comply with the provisions of
     subdivisions two to six inclusive of section fifty-two.


Sec. 238. Stair and entrance halls.

All stair and entrance halls in tenements shall be constructed as
provided in this section.

1.   In tenements erected after April twelfth, nineteen hundred
     one:

     a.   On every story there shall be fireproof doors and
          assemblies with the doors self-closing separating every
          such stair and entrance hall from all non-fireproof
          parts of the tenement.

     b.   There shall be no transom, sash or similar opening of
          any kind from such stair and entrance halls to any
          other part of the tenement.

     c.   If such tenements are non-fireproof, and are occupied
          by three families or more on any story or are five
          stories or more in height, the stair and entrance halls
          shall be enclosed with brick walls, except as provided
          in paragraph a of subdivision three.

2.   In tenements erected after April fourteenth, nineteen
     hundred three:

     a.   Every entrance hall shall be at least three feet six
          inches in clear width from the entrance up to and
          including the stair enclosure, and beyond that at least
          three feet in clear width. If such entrance hall is the
          only entrance to two stairs or more, that portion of
          the hall between the entrance and the first stair,
          including the stair enclosure, shall be at least five
          feet three inches in clear width.

     b.   Such halls shall comply with the requirements of
          sections two hundred thirty-four to two hundred thirty-
          seven inclusive as to construction of stair and
          entrance halls, except that if such tenements are
          fireproof entrance hall enclosures need only withstand
          a fire test of two and one-half hours and angle iron
          construction may be substituted for brick walls.

     c.   In every such tenement access shall be provided from a
          street to the yard either in a direct line or through a
          court.

     d.   If such tenements are occupied by not more than two
          families on any story and are not more than four
          stories in height, the floors of the stair and entrance
          halls shall be fireproof or filled in between the floor
          beams with at least five inches of concrete deafening.
          The stairs shall be fireproof, or may be of wood
          provided the soffits of the stairs are fire-retarded,
          or covered with plaster board at least one-half inch
          thick, with all joints true and well pointed. The stair
          and entrance halls in such tenements shall be enclosed
          on all sides with brick walls or with partitions of
          angle iron and fireproof blocks four inches or more in
          thickness, except as provided in paragraph e.

     e.   If such tenements are occupied by not more than two
          families on any story and are not more than three
          stories in height, the stair and entrance halls may be
          enclosed in wood stud partitions, fire-retarded on both
          sides, or covered with plaster board at least one-half
          inch thick, with all joints true and well pointed and
          with the spaces between the studs filled in with brick
          to the height of the floor beams.

3.   In tenements erected after April eighteenth, nineteen
     hundred twelve:

     a.   If such tenements are occupied by three or more
          families on any story, or are five stories or more in
          height, the stairs and entrance halls shall be
          fireproof throughout and all stairs provided with
          handrails, except that stair treads two inches or more
          in thickness and handrails may be of hard wood. All
          windows in such halls shall be fireproof and, except
          for windows opening on a street in a tenement six
          stories or less in height, shall be glazed with wire
          glass. Such halls shall be enclosed with brick walls,
          except that one or more sides may be left open to a
          street, yard or court.

     b.   Public halls which are more than forty feet in length
          and are used as a means of egress from four or more
          apartments shall be fireproof throughout and doors
          opening therefrom and their assemblies shall be
          fireproof with the doors self-closing.

4.   In old-law tenements four stories or more in height:

     a.   Whenever the entrance halls of any such tenements
          adjoin they shall be separated by a fire-retarded wall.

     b.   The walls and ceilings of every entrance hall and stair
          hall, and every public hall connected therewith, and
          the soffit of every stair shall be fire-retarded. In
          all such halls all wood wainscoting except a flat base
          and stair stringers ten inches or less in height, and
          all wood railings, balustrades and newel posts shall be
          removed completely and replaced with metal or other
          hard incombustible materials of such size and secured
          in such manner as may be approved by the department,
          except that handrails may be of hard wood.

     c.   Every door opening into any entrance hall or stair, or
          into any public hall connected therewith, shall be self-
          closing; every glazed opening or glazed panel in such a
          door shall be glazed with wire glass, and every transom
          opening into any public hall shall be glazed with wire
          glass and permanently secured in a closed position.

     d.   Every interior sash, or opening other than a door, in
          the walls or partitions of such halls, and every window
          therein not opening to the outer air, shall be removed
          and the openings closed up and fire-retarded.


Sec. 239. Tower fire-escapes and supplemental stairs.

In fireproof tenements tower fire-escapes or stairs which are
supplemental to the stairs required by law may be installed
providing such tower fire-escapes or stairs shall be shut off
from all other parts of the dwelling by brick walls or partitions
of terra cotta blocks at least four inches thick, or hollow
cement blocks at least four inches thick which have successfully
withstood a three-hour standard fire test and been approved by
the department, and have fireproof doors and assemblies with the
doors self-closing at all openings. Whenever such supplementary
stairs are provided they shall be constructed in accordance with
such supplementary regulations as may be adopted by the
department. Such tower fire-escapes or stairs shall not be used
as service stairs and shall be kept adequately lighted at all
times and free from encumbrance.


Sec. 240. First tier of beams.

1.   In all tenements erected after April twelfth, nineteen
     hundred one, which are five stories or more in height, the
     first floor above the lowest cellar, or, if there be no
     cellar, above the basement or other lowest story, shall be
     fireproof; and all exposed portions of any iron or steel
     beams below the floor arches shall be fire-retarded.

2.   In all non-fireproof tenements erected after such date which
     are four stories or less in height, the ceiling of the
     lowest cellar, or, if there be no cellar, of the basement or
     other lowest story, shall be fire-retarded or covered with
     plaster boards at least one-half inch in thickness, with all
     joints made true and well pointed.

3.   In all old-law tenements which are four stories or more in
     height the ceiling of the cellar, or, if there be no cellar,
     of the basement or other lowest story, shall be fire-
     retarded.


Sec. 241. Partitions; fire-stopping.

1.   In tenements erected after April eighteenth, nineteen
     hundred twelve, wood stud apartment partitions which are
     directly over each other shall run through the wood floor
     beams and rest upon the plate of the partition below. In
     fireproof tenements erected after such date all partitions
     shall rest directly upon the fireproof floor construction
     and extend to the fireproof beam filling above. Apartment
     partitions within the meaning of this section are partitions
     crossing the floor beams at any angle and separating one
     apartment from another or any part of an apartment from any
     public part of the dwelling.

2.   In tenements erected after April eighteenth, nineteen
     hundred twelve, apartment studding shall be filled in
     solidly between the uprights to the depth of the floor beams
     with incombustible materials.

3.   In non-fireproof tenements erected after April twelfth,
     nineteen hundred one, in every wall where wood furring is
     used, every course of masonry from the under side to the top
     of any floor beams shall project a distance of two inches or
     more beyond each face of the wall that is not on the outside
     of the dwelling, so as to provide an effective fire stop;
     and whenever floor beams run parallel to a wall and wood
     furring is used, every such beam shall always be kept two
     inches away from the wall, and the space between the beams
     and the wall shall be built up solidly with brickwork from
     the underside to the top of the floor beams so as to form an
     effective fire stop.


Sec. 242. Cellar and basement stairs in non-fireproof tenements.

1.   Cellar stairs in non-fireproof tenements erected after April
     twelfth, nineteen hundred one, which are occupied by three
     families or more on any story or which are five stories or
     more in height, shall be governed by the provisions of
     section one hundred fifty for non-fireproof multiple
     dwellings erected after April eighteenth, nineteen hundred
     twenty-nine. In all other non-fireproof tenements erected
     after April twelfth, nineteen hundred one, any stair leading
     to a cellar may be located inside the building, provided it
     is enclosed with fireproof walls and is provided with
     fireproof doors and assemblies at both the top and bottom,
     with the doors self-closing.

2.   In old-law tenements exceeding a basement and three other
     stories in height and provided with an inside cellar stair
     communicating between the entrance story and a cellar or
     lower story, the opening to such stair if located underneath
     the main stair leading to the upper stories shall be
     enclosed from the level of the entrance story up to the
     underside of the first flight of such main stairs. The
     soffit of such first flight of main stairs and the
     partitions forming such enclosure shall be fire-retarded or
     covered with twenty-six gauge metal. The opening to such
     enclosure shall be provided with a fireproof door and
     assembly with the door self-closing.


Sec. 243. Cellar and basement stairs in fireproof tenements.

In fireproof tenements erected after April eighteenth, nineteen
hundred twelve, the cellar and basement stairs shall be located,
arranged and constructed as provided in section one hundred six
for fireproof dwellings erected after April eighteenth, nineteen
hundred twenty-nine.


Sec. 244. Spaces under stairs.

In non-fireproof tenements erected after April twelfth, nineteen
hundred one, no closet of any kind shall be constructed or
maintained under any stair leading from the entrance story to the
upper stories, and such space shall be kept entirely open and
clear of any encumbrance.


Sec. 245. Cellar entrance.

In tenements erected after April twelfth, nineteen hundred one,
there shall be an entrance to the cellar, or to the basement or
other lowest story if there be no cellar, from the outside of the
tenement.


                            TITLE 2-A
                      SINGLE ROOM OCCUPANCY

Sec. 248. Single room occupancy.

1.   It shall be unlawful to occupy any frame multiple dwelling
     for single room occupancy. It shall be unlawful to occupy
     any other existing class A dwelling or part thereof as a
     rooming house or furnished room house or for single room
     occupancy unless such dwelling or part shall conform to the
     provisions of this section and to such other provisions of
     this chapter as were applicable to such dwelling before such
     conversion. This section shall not be construed to prohibit
     the letting by a family of one or more rooms within their
     apartment to not more than a total of four boarders, roomers
     or lodgers provided, however, that every room in such
     apartment shall have free and unobstructed access to each
     required exit from such apartment as required by the
     provisions of paragraphs a, b and c of subdivision four of
     this section. A dwelling occupied pursuant to this section
     shall be deemed a class A dwelling.

2.   Any such dwelling may be so occupied without increasing the
     number of stairs.

3.   The number of rooms shall not be increased nor shall the
     light or ventilation of any room be impaired.

4.   a.   No room in any apartment shall be so occupied
          unless each room therein shall have free and
          unobstructed access to each required means of egress
          from the dwelling without passing through any sleeping
          room, bathroom or water-closet compartment.

     b.   There shall be access to a second means of egress
          within the apartment without passing through any public
          stair or public hall. On and after July first, nineteen
          hundred fifty-seven every tenement used or occupied for
          single room occupancy in whole or in part under the
          provisions of this section and which does not have at
          least two means of egress accessible to each apartment
          and extending from the ground story to the roof, shall
          be provided with at least two means of egress, or, in
          lieu of such egress, every stair hall or public hall,
          and every hall or passage within an apartment, shall be
          equipped on each story with one or more automatic
          sprinkler heads approved by the department. Elevator
          shafts in such tenements shall be completely enclosed
          with fireproof or other incombustible material and the
          doors to such shafts shall be fireproof or shall be
          covered on all sides with incombustible material.

     c.   Where access to a required means of egress is provided
          through a room, such access to such room shall be
          through a clear opening at least thirty inches wide
          extending from floor to ceiling and such opening shall
          not be equipped with any door or door frame, or with
          any device by means of which the opening may be closed,
          concealed or obstructed.

     d.   All doors which open to any public hall or required
          stair hall and the door assemblies shall be fireproof
          with the doors self-closing.

     e.   All doors opening from any room to any hall or passage
          within an apartment shall be self-closing and all
          transoms within an apartment shall be permanently
          closed. All plain glass shall be removed from such
          doors and transoms and replaced with wire glass, wood
          or other non-shatterable material satisfactory to the
          department.

     f.   Directly over the opening to every required means of
          egress within an apartment, there shall be a sign of a
          type approved by the department marked "Fire Exit" and
          lighted in red at all times to indicate clearly the
          location of the means of egress, and on the walls of
          any hall or passage within the apartment leading to
          such means of egress there shall be maintained at all
          times arrows to indicate clearly the direction and
          location of the fire exit.

     g.   Every hall or passage within an apartment shall be
          unobstructed and well lighted at all times with a
          minimum of one foot-candle of light.

     h.   All wood wainscoting except a flat base not exceeding
          ten inches in height shall be removed from every hall
          or passage within an apartment.

5.   In every such dwelling which is not fireproof every hall or
     passage within an apartment shall be equipped with a
     sprinkler system, which shall be extended so as to have at
     least one sprinkler head in every room. The construction and
     arrangement of such sprinkler system shall comply with the
     requirements of the department.

6.   There shall be provided in each such dwelling an adequate
     and reliable fire alarm system, approved by the fire
     commissioner by means of which alarms of fire or other
     danger may be instantly communicated to every portion of the
     dwelling. Where, throughout the dwelling, a closed-circuit,
     automatic thermostatic fire-detecting system is installed
     which actuates an interior fire alarm system, or where,
     throughout the dwelling, an approved-type automatic
     sprinkler system is installed which actuates an interior
     fire alarm system by the flow of water through such
     sprinkler system, a watchman need not be provided as
     required in subdivision fifteen of this section.

7.   There shall be a fire-retarded bulkhead in the roof
     connecting directly with the highest portion of any stairway
     to the roof, which bulkhead shall contain a fireproof door
     and assembly with the door self-closing. The stairs leading
     to such bulkhead shall be fireproof or fire-retarded as
     required for public stairways in the other parts of such
     dwelling.

8.   a.   Every wash basin, bath, shower, sink and laundry
          tub shall be provided with an adequate supply of hot
          and cold water.

     b.   When the number of occupants of such a dwelling is
          eleven or more, there shall be provided for them in
          such dwelling at least one laundry tub and facilities
          for drying clothes.

9.   Cooking shall be permitted only in kitchens and cooking
     spaces complying with the provisions of section thirty-
     three. Any gas fixture in such spaces shall be connected
     with permanent, rigid piping. The use of any movable cooking
     apparatus in any sleeping room is unlawful.

10.  a.   There shall be a central heating system adequate
          to heat every sleeping room in a dwelling to the
          temperature requirements prescribed by subdivision one
          of section seventy-nine of this chapter.

     b.   The use of any movable heating apparatus in any
          sleeping room is unlawful.

     c.   Every boiler room shall be constructed in accordance
          with the provisions of section sixty-five and shall be
          adequately ventilated.

11.  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.

     b.   Any room on a top story may be lighted and ventilated
          by a skylight of the same area as required for windows
          and arranged to provide an opening of at least six
          square feet for ventilation.

     c.   In every sleeping room, except a room on the top story
          so lighted and ventilated, there shall be at least one
          window meeting the requirements of section two hundred
          thirteen, except as otherwise specified in this
          subdivision, opening upon a street or upon a yard,
          court or shaft meeting the requirements of section two
          hundred twelve, but in no case shall such a court or
          shaft be less than twenty-eight inches in width.

     d.   Every room shall be adequately lighted by electricity.
          The use of gas or any other type of open flame lighting
          is unlawful.

12.  No room may be occupied for sleeping purposes by more than
     two adults considering children of twelve years or more as
     adults and two children between the ages of two and eleven
     years inclusive as the equivalent of one adult. Children
     under two years of age need not be considered as occupants.

13.  Every room rented for single room occupancy and all
     furniture and bedding therein shall be thoroughly cleansed
     before occupancy and every sleeping room at least once a
     week thereafter. When bed linens are provided they shall be
     changed at least once every week. When the rent includes the
     use of towels, at least one bath towel and two hand towels
     shall be provided every week for each occupant. Such
     cleansing and service shall be the exclusive obligation of
     the person from whom the occupant rents such room.

14.  Except as provided in subdivision thirteen, the owner shall
     maintain the dwelling in conformity with section eighty
     relating to cleanliness.

15.  There shall be a competent manager living on the premises,
     who shall be responsible for the conduct, operation and
     maintenance of the dwelling, and, except as provided in
     subdivision six of this section, there shall also be on the
     premises at all times a competent watchman in charge of the
     dwelling.

16.  It shall be unlawful to rent any room in any such dwelling
     for a period of less than a week.

17.  In each such dwelling a register shall be kept, which shall
     show the name, signature, residence, date of arrival and
     date of departure of each occupant and the room occupied by
     him.


                             TITLE 3
                           SANITATION

Sec. 250. Water-closets.

Water-closet compartments in tenements shall comply with the
applicable provisions of section seventy-six.


Sec. 251. Vent flues.

Supplementary water-closet compartments and bathrooms in
fireproof tenements shall be ventilated and lighted in accordance
with the applicable provisions of section seventy-six.


Sec. 252. Privacy.

In every apartment of three or more rooms in any tenement erected
after April twelfth, nineteen hundred one, there shall be access
to every living room and bedroom and to at least one compartment
or bathroom containing a water-closet without passing through any
bedroom.


=================================================================

                           ARTICLE 7-A
                      TEMPORARY PROVISIONS

Section             *260.  Recovery of rent for
                           certain non-complying premises
                           restricted during emergency period.
                           * NB Expired 49/07/01
                    *261.  Recovery of possession of
                           certain non-complying premises
                           restricted during emergency period.
                           * NB Expired 49/07/01
                     262.  Alteration of uncompleted buildings.
                    *264.  Conversion of certain dwellings.
                           * NB Expired 49/07/01

=================================================================


*Sec. 260.     Recovery of rent for certain non-complying
               premises restricted during emergency period.

1.   Legislative finding.

     It is hereby declared that in cities of this state with a
     population of over one million there exists an acute
     shortage of dwelling accommodations available to low-income
     families; that many dwellings formerly occupied by them have
     been and are continuing to be vacated and demolished because
     of structural inadequacy or danger, obsolescence and
     dilapidation, or because owners have refused to comply with
     the law, or for other reasons; that the freedom of contract
     has been impaired in consequence thereof, and unjust,
     unreasonable and oppressive increases in the rents of
     dwelling accommodations available to such families are being
     and will continue to be exacted; that world war II has
     necessitated an almost complete paralysis of building
     construction; that the extent of construction of decent,
     safe and sanitary dwellings, conforming with the minimum
     standards prescribed by law, has failed to produce a
     sufficient number of dwellings for the accommodation of
     families unable to pay higher rentals; that there has been a
     rapid absorption of rentable vacancies in said dwellings and
     a sharp increase in rentals; that such communities are
     threatened with wholesale evictions; that an emergency
     exists by reason of these conditions, which constitute a
     menace to the health, safety, morals, welfare and comfort of
     the citizens of the state, undermine the standard of living
     of a large number thereof, tend to impair and impede the
     enforcement of existing statutes, cause overcrowding and
     congestion, foster crime, encourage the spread of vice and
     disease and increase the death rate; that adequate housing
     accommodations to relieve the hardships and suffering
     resulting therefrom cannot be sufficiently provided, with or
     without public assistance, during the period of the
     emergency as herein declared; and the necessity for
     legislative intervention, by the enactment of the provisions
     of this section and their application until July first,
     nineteen hundred forty-nine, is hereby declared as a matter
     of legislative determination, and the provisions of this
     section shall remain in force and effect only until such
     date.

2.   For the period during which any old-law tenement or any
     converted dwelling shall fail to comply with the applicable
     provisions of article six or seven, as the case may be, no
     rent therefor or for any part thereof shall be recovered by
     the owner, nor shall any action or special proceeding be
     maintainable for such rent or to recover possession of such
     dwelling or part thereof for non-payment of rent, except
     rent at such rate as shall not exceed the lowest rent
     charged therefor for any month between September thirtieth,
     nineteen hundred thirty-seven, and April first, nineteen
     hundred forty-three.

3.   In any such action or special proceeding in which there
     shall be interposed a defense that the dwelling fails to
     comply with the applicable provisions of article six or
     seven or that the rent demanded exceeds the lowest rent
     charged for any month between September thirtieth, nineteen
     hundred thirty-seven, and April first, nineteen hundred
     forty-three, the burden of proof shall be upon the party
     seeking to recover rent or possession.

4.   A certification by the department of the results of a search
     made by the department shall be admissible as presumptive
     evidence of the existence or non-existence of any violation
     of article six or seven as in such certificate specified.

     * NB Expired 49/07/01


*Sec. 261.     Recovery of possession of certain non-complying
               premises restricted during emergency period.

1.   Legislative finding.

     The public emergency which existed at the time of the
     enactment of and which was declared in chapter six hundred
     seventy-five of the laws of nineteen hundred thirty-eight,
     and in acts amendatory thereof, having continued and still
     existing, there having been and there being an acute
     shortage of such dwellings, and the intents and purposes of
     such provisions having, in a great many instances, been
     circumvented by landlords giving their tenants thirty days'
     notice terminating their tenancy and instituting proceedings
     for their removal, the necessity for legislative
     intervention, by the enactment of the provisions of this
     section, and their application, until July first, nineteen
     hundred forty-nine, is hereby declared as a matter of
     legislative determination, and the provisions of this
     section shall remain in force and effect only until such
     date.

2.   For the period during which any old-law tenement or any
     converted dwelling shall fail to comply with the applicable
     provisions of article six or seven, no action or proceeding
     by an owner to recover possession of such dwelling or any
     part thereof from a tenant and to remove such tenant
     therefrom for the reason that the tenant holds over and
     continues in possession of the demised dwelling or any part
     thereof after the expiration of his term without the
     permission of the owner, shall be maintainable except:

     a.   A proceeding to recover such possession upon the ground
          that the person is holding over and is objectionable,
          in which case the owner shall establish to the
          satisfaction of the court that the person holding over
          is objectionable; or

     b.   A proceeding when the owner of record of the dwelling,
          being a natural person, seeks in good faith to recover
          possession of a room or rooms therein for the immediate
          and personal occupancy by himself and his family as a
          dwelling; or

     c.   A proceeding where the petitioner shows to the
          satisfaction of the court that he desires in good faith
          to recover the dwelling for the purpose of altering or
          demolishing the same with the intention of providing or
          constructing more dwelling units, plans for which shall
          have been duly approved by the department in accordance
          with the provisions of any applicable local law.

     d.   In pending proceedings for the recovery of such
          dwelling on the grounds that the occupant holds over
          after the expiration of his term, a warrant shall not
          be issued unless the petitioner establishes to the
          satisfaction of the court that the proceeding is one
          mentioned in the exceptions enumerated in this
          subdivision.

3.   The provisions of this section shall not be construed to
     apply to an action or proceeding by an owner to recover
     possession of such dwelling or any part thereof from a
     tenant and to remove such tenant therefrom for the reason
     that the tenant holds over and continues in possession of
     the demised dwelling or any part thereof without the
     permission of the owner after a default in the payment of
     the rent.

     * NB Expired 49/07/01


Sec. 262. Alteration of uncompleted buildings.

The provisions of this chapter relating to multiple dwellings
erected after April eighteenth, nineteen hundred twenty-nine,
shall not apply to any fireproof building structurally enclosed
but uncompleted on April first, nineteen hundred forty-five,
conforming to the provisions of the local zoning law or
resolution applicable to an apartment hotel, in effect at the
time of the approval of the original plans filed for the
construction of such building, and which building shall
thereafter be altered and completed as a class A multiple
dwelling, in accordance with plans and amendments thereto
approved by the department. Such building, if so altered and
completed on or before July first, nineteen hundred forty-eight,
may be lawfully occupied thereafter as a class A multiple
dwelling if it conforms with the provisions of section twenty-
five applicable to fireproof class A multiple dwellings occupied
as such before April eighteenth, nineteen hundred twenty-nine.


*Sec. 264.     Conversion of certain dwellings.

1.   Notwithstanding any inconsistent provision of this chapter
     or of any other law, it shall be lawful until July first,
     nineteen hundred forty-nine, for any owner to convert a non-
     fireproof dwelling which is not of frame construction, not
     more than a basement and two additional stories in height,
     and not occupied by more than two families, for occupancy by
     not more than three families, in accordance with the
     provisions of this section, providing such dwelling was
     existing on April eighth, nineteen hundred forty-six, or was
     erected thereafter under plans on file with the department
     on or before such date.

2.   The provisions of article six of this chapter shall not
     apply to conversion of dwellings under this section, except
     in so far as compliance therewith is expressly required as
     provided in or pursuant to this section.

3.   Conversion of such dwellings under this section must be
     made:

     a.   In full compliance with the provisions of sections one
          hundred seventy-six, one hundred seventy-seven, and one
          hundred eighty-eight, of subdivision two of section one
          hundred eighty-nine, and of section two hundred;

     b.   In full compliance with the provisions of section one
          hundred eighty-five, except that if a cellar ceiling is
          plastered and in good repair only the area of the
          ceiling over any boiler located in the cellar and for
          three feet beyond need be covered with fire-retarding
          material;

     c.   In full compliance with the provisions of section one
          hundred eighty-seven unless such conversion was
          completed under authority of this section before July
          first, nineteen hundred forty-seven, and

     d.   In compliance with such additional provisions of
          article six of this chapter, and no other, as may be
          specifically required by, and in accordance with, rules
          and regulations of the department where the conversion
          is proposed to be made.

4.   A plan of alteration to effect conversion of any such
     dwelling under this section shall be filed with such
     department and, when approved by it, shall constitute a
     lawful plan for three family occupancy of such dwelling.

     * NB Expired 49/07/01


=================================================================

                           ARTICLE 7-B
             JOINT LIVING-WORK QUARTERS FOR ARTISTS,
            OR GENERAL RESIDENTIAL OCCUPANCY OF LOFT,
              COMMERCIAL OR MANUFACTURING BUILDINGS

Section             275. Legislative findings.
                    276. Definition of an artist.
                    277. Occupancy permitted.
                    278. Application of other provisions.

=================================================================


Sec. 275. Legislative findings.

It is hereby declared and found that in cities with a population
in excess of one million, large numbers of loft, manufacturing,
commercial, institutional, public and community facility
buildings have lost, and continue to lose, their tenants to more
modern premises; and that the untenanted portions of such
buildings constitute a potential housing stock within such cities
which is capable, when appropriately altered, of accommodating
general residential use, thereby contributing to an alleviation
of the housing shortage most severely affecting moderate and
middle income families, and of accommodating joint living-work
quarters for artists by making readily available space which is
physically and economically suitable for use by persons regularly
engaged in the arts.

There is a public purpose to be served by making accommodations
readily available for joint living-work quarters for artists for
the following reasons: persons regularly engaged in the arts
require larger amounts of space for the pursuit of their artistic
endeavors and for the storage of the materials therefor and of
the products thereof than are regularly to be found in dwellings
subject to this article; that the financial remunerations to be
obtained from pursuit of a career in the arts are generally
small; that as a result of such limited financial remuneration
persons regularly engaged in the arts generally find it
financially impossible to maintain quarters for the pursuit of
their artistic endeavors separate and apart from their places of
residence; that the cultural life of cities of more than one
million persons within this state and of the state as a whole is
enhanced by the residence in such cities of large numbers of
persons regularly engaged in the arts; that the high cost of land
within such cities makes it particularly difficult for persons
regularly engaged in the arts to obtain the use of the amounts of
space required for their work as aforesaid; and that the
residential use of the space is secondary or accessory to the
primary use as a place of work.

It is further declared that the legislation governing the
alteration of such buildings to accommodate general residential
use must of necessity be more restrictive than statutes
heretofore in effect, which affected only joint living-work
quarters for artists.

It is the intention of this legislation to promulgate statewide
minimum standards for all alterations of non-residential
buildings to residential use, but the legislature is cognizant
that the use of such buildings for residential purposes must be
consistent with local zoning ordinances. The legislature further
recognizes that it is the role of localities to adopt regulations
which will define in further detail the manner in which
alterations should be carried out where building types and
conditions are peculiar to their local environment.


Sec. 276. Definition of an artist.

As used in this article, the word "artist" means a person who is
regularly engaged in the fine arts, such as painting and
sculpture or in the performing or creative arts, including
choreography and filmmaking, or in the composition of music on a
professional basis, and is so certified by the city department of
cultural affairs and/or state council on the arts.


Sec. 277. Occupancy permitted.

Any building in any city of more than one million persons which
at any time prior to January first, nineteen hundred seventy-
seven was occupied for loft, commercial, institutional, public,
community facility or manufacturing purposes, may,
notwithstanding any other article of this chapter, or any
provision of law covering the same subject matter (except as
otherwise required by the local zoning law or resolution), be
occupied in whole or in part for joint living-work quarters for
artists or general residential purposes if such occupancy is in
compliance with this article. Such occupancy shall be permitted
only if the following conditions are met and complied with.

1.   (a)  The exterior walls of the building shall be non-
          combustible and have a fire-resistive rating of at
          least three hours unless the exterior wall or walls,
          measured on a horizontal plane perpendicular to said
          exterior wall or walls, is a minimum of thirty feet
          distant in a direct unobstructed line from another
          structure, except that a wet pipe sprinkler system,
          with maximum sprinkler spacing of four feet, must be
          provided along such wall or walls to protect exposed,
          unrated columns or beams at the interior of the wall in
          non-fireproof buildings.

     (b)  Window openings in exterior walls shall conform with
          the limitations of table 3-4 chapter twenty-six of the
          administrative code of the city of New York, unless
          such windows are fire protected and provided with
          either a minimum of one sprinkler head per window or
          window automatic closing devices, acceptable to the
          department of buildings.

2.   The building

     (a)  is of fireproof construction, as provided in section
          one hundred one of this chapter, or is of class two
          construction, as provided by the requirements of the
          building code and regulations of the city of New York
          in effect prior to December sixth, nineteen hundred
          sixty-eight; or

     (b)  if non-fireproof, does not exceed a height of six
          stories, and eighty-five feet measured to the ceiling
          of the highest floor in a depth of one hundred feet; or
          does not exceed a height of seven stories, and eighty-
          five feet and a depth of one hundred feet and is wet
          sprinklered throughout; and has a maximum floor area
          between the two hour rated partitions constructed in
          accordance with section C26-504.2 of the administrative
          code of the city of New York of:

          (i)   three thousand square feet; or

          (ii)  five thousand square feet if the building is six
                stories or less in height and is fully wet
                sprinklered; or

          (iii) five thousand square feet if the building is
                seven stories in height and is fully wet
                sprinklered and has a stand pipe system; or

          (iv)  ten thousand square feet if the building is
                fully wet sprinklered and has one hour rated
                ceilings.

     (c)  complies with the requirements of table 3-4 chapter
          twenty-six of the administrative code of the city of
          New York for J-2 occupancy.

3.   Any part of the building may be occupied for manufacturing
     and commercial purposes (as permitted by local zoning law or
     resolution), provided, however, that only the second story
     and below may be occupied for uses listed as medium fire
     hazard in rules of the board of standards and appeals
     implementing the labor law unless the entire building is wet
     sprinklered; in addition, high fire hazard occupancies shall
     not be permitted in any portion of the building.

4.   All areas occupied for manufacturing or commercial purposes
     shall be protected by an approved wet-pipe automatic
     sprinkler system. Such wet-pipe automatic sprinkler system
     shall extend to and include public hallways and stairways
     coincidentally serving residential occupancies.

5.   All occupancies or tenancies shall be separated by a
     vertical fire separation, extending to the underside of the
     floor above and having a minimum fire-resistance rating of
     at least one hour and conform in all respects with
     applicable zoning regulations. No separation shall be
     required between the working and living portions of a joint
     living-work quarters for artists.

6.   The building (a) complies with all requirements imposed on
     old-law tenements by sections two hundred twelve and two
     hundred sixteen of this chapter and on converted dwellings
     by sections one hundred eighty-five, one hundred eighty-six,
     one hundred eighty-eight, one hundred eighty-nine, one
     hundred ninety, one hundred ninety-one and one hundred
     ninety-four of this chapter, in addition to those provided
     in section two hundred seventy-eight of this article and (b)
     complies with the standards of lighting, ventilation, size
     of rooms, alcoves and balconies contained in section C26-
     1205.0 through and including sections C26-1205.5 and C26-
     1205.7 of the administrative code of the city of New York,
     except as otherwise provided in paragraph (d) of subdivision
     seven of this section.

7.   Minimum light and air standards for joint living-work
     quarters for artists or general residential portions of
     lofts or manufacturing and commercial buildings altered to
     residential use shall comply with the following:

     (a)  Portions of such buildings which are occupied
          exclusively as joint living-work quarters for artists
          as permitted by local law shall comply with the
          following:

          (i)   The minimum size of a joint living-work quarters
                for artists shall be twelve hundred square feet
                of interior space, except as otherwise
                authorized by the zoning resolution of the city
                of New York, for units occupied for residential
                purposes on or before January first, nineteen
                hundred eighty-five.

          (ii)  Joint living-work quarters for artists shall
                conform to the standards for light and
                ventilation of 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 residential 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
                    minimum 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; 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 openable.

     (c)  Ventilation of spaces other than living rooms,
          including enclosed work spaces for joint living-work
          quarters for artists shall be either in accordance with
          this section or in accordance with the administrative
          code of the city of New York.

     (d)  No building converted pursuant to this article shall be
          enlarged, except where the underlying zoning district
          permits residential use. Such an enlargement shall be
          in conformance with the bulk regulations for conforming
          residential use for new construction and shall be in
          conformance with the provisions of section twenty-six
          of this chapter. No interior floor area enlargement
          shall be permitted except that a mezzanine with a
          minimum headroom of seven feet shall be allowed within
          individual dwelling units, provided that the gross
          floor area of such mezzanine does not exceed one-third
          of the floor area contained within such dwelling unit.
          No mezzanine shall be included as floor area for the
          purpose of calculating the minimum required size of a
          living room or a dwelling unit or for calculating floor
          area devoted to dwellings. For the purpose of this
          article a mezzanine may be constructed above the level
          of the roof of a building as long as the aggregate area
          of roof structures does not exceed one-third of the
          total roof area and the roof structures conform with
          applicable building code requirements.

     (e)  The kitchen located within dwelling units and having a
          floor area of fifty-nine square feet or more shall have
          natural ventilation as prescribed in sub-article 1205.0
          of chapter twenty-six 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 fifty-nine square feet the kitchenette shall
          be ventilated by either of the following:

          (i)   Natural means complying with sub-article 1205.0
                of chapter twenty-six 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. 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 separate the
                space, the lower portion of each door shall have
                a metal grill containing at least forty-eight
                square inches of clean openings or in lieu of
                such grill, two clear opening spaces may be
                provided, each of at least twenty-four square
                inches, one between the bottom of each door and
                the floor and the other between the top of each
                door and the head jamb.

     (f)  When bathrooms and toilet rooms are ventilated by
          natural means, the natural ventilation sources shall
          comply with sub-article 1205.0 of chapter twenty-six of
          the administrative code of the city of 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 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 indication 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.

8.   All openings from apartments leading into a public hall or
     corridor shall be provided with fireproof doors and
     assemblies with the doors self-closing. Partitions between
     apartments on each floor shall be one hour fire rated
     partitions. All windows opening on fire escapes shall be
     provided with wire glass, unless such windows are protected
     by a wet pipe sprinkler head with a minimum of one head per
     window.

9.   Such buildings, in regard to egress, shall comply with the
     following:

     (a)  In a non-fireproof building there shall be:

          (i)   one independently enclosed stairway and a fire
                escape from each dwelling unit; or

          (ii)  where the building is fully wet sprinklered and
                not in excess of seventy-five feet in height and
                not exceeding five thousand square feet in
                building area one independently enclosed
                stairway from each dwelling, and an
                independently enclosed hallway, of one hour fire
                rating where there are two or more tenants on a
                floor; or

          (iii) a sprinklered enclosed hallway with access to
                two independently enclosed stairs.

     (b)  In a fireproof building, there shall be:

          (i)   an enclosed hallway and two independently
                enclosed stairs; or

          (ii)  an enclosed hallway and one independently
                enclosed stair and a screened exterior stair in
                conformance with section two hundred sixty-eight
                of the labor law with all glazed openings
                thereon equipped with wire glass; or

          (iii) for buildings not exceeding seven stories or
                seventy-five feet in height, egress conforming
                with the provisions of paragraph (a) of this
                subdivision; or

          (iv)  egress conforming with the provisions of section
                one hundred two of this chapter.

     (c)  No more than two dwelling units shall open directly to
          a stair without an intervening enclosed hallway.

     (d)  Enclosed hallways shall have a one hour fire rating.

     (e)  Enclosed stairways shall be:

          (i)   one hour fire rated in non-fireproof buildings
                four stories or less in height; or

          (ii)  one hour fire rated and sprinklered in non-
                fireproof buildings six stories or less in
                height; or

          (iii) one hour fire rated in non-fireproof, fully
                sprinklered buildings seven stories in height;
                or

          (iv)  two hour fire rated in all other cases.

     (f)  The travel distance to the means of egress shall comply
          with the administrative code of the city of New York.

     (g)  Wooden stairs permitted by section one hundred eighty-
          nine of this chapter may be retained only if, in
          addition to meeting all of the requirements set forth
          therein, they are within a fully wet-sprinklered
          enclosure, and the stair and landing soffit are fire
          retarded, notwithstanding any other provisions.

     (h)  Every required stair shall extend through the roof by a
          bulkhead, except that a scuttle may be used if the
          dwelling does not exceed four stories and except that
          no bulkhead or scuttle is required where the roof is a
          peak roof with a pitch of more than fifteen degrees.

     (i)  Mezzanines shall be provided with a stair at least two
          feet six inches wide terminating not more than twenty
          feet from an exit door or fire escape, and all portions
          of such mezzanines shall be not more than fifty feet
          from such exit door or fire escape.

10.  In buildings in excess of two stories in height, stairways
     shall be provided with skylights at least twenty square feet
     in area, glazed with plain glass with a wire screen over and
     under and provided with fixed or movable ventilators having
     a minimum open area of one hundred forty-four square inches.
     In lieu of the skylight and ventilators, a window of equal
     area may be provided with fixed louvers having a minimum
     open area of one hundred forty-four square inches installed
     in or immediately adjacent to the window.

11.  Except as otherwise provided in this article, all shafts
     shall be enclosed with incombustible material of two hour
     fire rating and comply with the administrative code of the
     city of New York, provided, however, existing shaft
     enclosures constructed in part of combustible material may
     be retained if upgraded to obtain a two hour fire rating.

12.  Every kitchen or kitchenette or cooking space in such
     building shall comply with the requirements imposed on
     multiple dwellings erected after April eighteenth, nineteen
     hundred twenty-nine by section thirty-three of this chapter.

13.  Such building shall comply with all requirements imposed on
     multiple dwellings erected after April eighteenth, nineteen
     hundred twenty-nine by title three of article three of this
     chapter.

14.  All interior iron columns in unsprinklered buildings shall
     be protected by materials or assemblies having a fire-
     resistive rating of at least three hours. Where sprinklers
     are provided for an exterior wall as provided in subdivision
     one of this section or in a fully wet sprinklered building
     such columns shall be protected by two sprinkler heads
     located eighteen inches or more away and each on opposite
     sides of such column but no further than four feet. Such
     sprinklers shall be provided at any interior column where
     fire protection is omitted in non-fireproof buildings.

15.  The elevator shafts in such buildings shall be enclosed with
     incombustible material of two hour fire rating, except that
     existing elevator shaft enclosures constructed in part of
     combustible material may be retained if upgraded to obtain a
     two hour fire rating; and have fireproof doors and
     assemblies with (a) the doors self-closing; or (b) a
     vestibule the walls of which shall be of non-combustible
     material and have a minimum two hour fire resistive rating,
     with self-closing fireproof doors and be fire-stopped; or
     (c) where the elevator is manually operated in fully
     sprinklered buildings have fireproof doors, with approved
     interlock devices.

16.  The requirements and standards prescribed in this section
     shall be subject to variation in specific cases by the
     commissioner of buildings, or the board of standards and
     appeals, of such city under and pursuant to the provisions
     of paragraph two of subdivision b of section six hundred
     forty-five and section six hundred sixty-six of the New York
     city charter.


Sec. 278. Application of other provisions.

1.   The provisions of this article apply to buildings with
     residential, mixed or joint living-work quarters or artists'
     occupancy as herein provided and to such buildings only. In
     addition to the provisions of this article, the following
     enumerated articles and sections of this chapter shall, to the
     extent required therein, apply to such buildings:

     Article 1.     Introductory provisions: definitions
     2.             Miscellaneous application provisions except
                    subdivision two of section nine
     8.             Requirements and remedies
     9.             Registry of names and service of papers
     10.            Prostitution
     11.            Laws repealed; saving clause; effect

     Section 28.    Two or more buildings on same lot
     29.            Painting of courts and shafts
     31.            Size of rooms, subdivision six only
     37.            Artificial hall lighting
     53.            Fire-escapes
     55.            Wainscoting, subdivision two only
     56.            Frame buildings and extensions
     57.            Bells; mail receptacles
     58.            Incombustible materials
     59.            Bakeries and fat boiling
     60.            Motor vehicle storage
     61.            Business uses (except paragraph c of
                    subdivision one and subdivision three)
     62.            Parapets, guard railings and wires

2.   Failure to comply with any provision of this chapter other
     than this article and the above enumerated articles and
     sections shall not be grounds for refusal of a certificate
     of occupancy or compliance.


=================================================================

                          *ARTICLE 7-C
           LEGALIZATION OF INTERIM MULTIPLE DWELLINGS

Section             280. Legislative findings.
                    281. Definition of "interim
                         multiple dwelling".
                    282. Establishment of special loft unit.
                    283. Occupancy permitted.
                    284. Owner obligations.
                    285. Owner protection.
                    286. Tenant protection.
                    287. Alternative compliance.

* NB Terminates 96/06/30

=================================================================


*Sec. 280.     Legislative findings.

The legislature hereby finds and declares that a serious public
emergency exists in the housing of a considerable number of
persons in cities having a population of over one million, which
emergency has been created by the increasing number of
conversions of commercial and manufacturing loft buildings to
residential use without compliance with applicable building codes
and laws and without compliance with local laws regarding minimum
housing maintenance standards; that many such buildings do not
conform to minimum standards for health, safety and fire
protection; that housing maintenance services essential to
maintain health, safety and fire protection are not being
provided in many such buildings; that as a consequence of the
acute shortage of housing as found and declared in the emergency
tenant protection act of nineteen seventy-four the tenants in
such buildings would suffer great hardship if forced to relocate;
that as a result of the uncertain status of the tenancy in
question the courts have been increasingly burdened with disputes
between landlords and tenants regarding their respective rights
and obligations under the existing circumstances; that some
courts have declared such buildings "de facto" multiple
dwellings; that illegal and unregulated residential conversions
undermine the integrity of the local zoning resolution and
threaten loss of jobs and industry; that the intervention of the
state and local governments is necessary to effectuate
legalization, consistent with the local zoning resolution, of the
present illegal living arrangements in such "de facto" multiple
dwellings, and to establish a system whereby residential rentals
can be reasonably adjusted so that residential tenants can assist
in paying the cost of such legalization without being forced to
relocate; that in order to prevent uncertainty, hardship, and
dislocation, the provisions of this article are necessary and
designed to protect the public health, safety and general
welfare.

* NB Terminates 96/06/30


*Sec. 281.     Definition of "interim multiple dwelling".

1.   Except as provided in subdivision two of this section, the
     term "interim multiple dwelling" means any building or
     structure or portion thereof located in a city of more than
     one million persons which (i) at any time was occupied for
     manufacturing, commercial, or warehouse purposes; and (ii)
     lacks a certificate of compliance or occupancy pursuant to
     section three hundred one of this chapter; and (iii) on
     December first, nineteen hundred eighty-one was occupied for
     residential purposes since April first, nineteen hundred
     eighty as the residence or home of any three or more
     families living independently of one another.

2.   Notwithstanding the definition set forth in subdivision one
     of this section, the term "interim multiple dwelling"
     includes only (i) buildings, structures or portions thereof
     located in a geographical area in which the local zoning
     resolution permits residential use as of right, or by minor
     modification or administrative certification of a local
     planning agency, (ii) buildings or structures which are not
     owned by a municipality, (iii) buildings, structures or
     portions thereof within an area designated by the local
     zoning resolution as a study area for possible rezoning to
     permit residential use, or (iv) buildings, structures or
     portions thereof which may be converted to residential use
     pursuant to a special permit granted by a local planning
     agency. In the case of classes of buildings specified by
     paragraphs (iii) and (iv) of this subdivision and those
     buildings specified by paragraph (i) of this subdivision
     which require a minor modification or administrative
     certification, however, the provisions of subdivision one of
     section two hundred eighty-four of this article regarding
     compliance with this chapter shall not be applicable, but
     the other provisions of this article shall be applicable.
     Upon rezoning of any such study area or the granting of any
     such special permit, minor modification or administrative
     certification to permit residential use of any such building
     or portion thereof, subdivision one of section two hundred
     eighty-four of this article shall be applicable, with the
     timing of compliance requirements set forth in such section
     commencing to run upon the effective date of such rezoning
     or permit approval. If such rezoning does not permit
     residential use of the building or a portion thereof, or if
     a special permit, minor modification or administrative
     certification is denied, such building shall be exempt from
     this article.

3.   In addition to the residents of an interim multiple
     dwelling, residential occupants in units first occupied
     after April first, nineteen hundred eighty and prior to
     April first, nineteen hundred eighty-one shall be qualified
     for protection pursuant to this article, provided that the
     building or any portion thereof otherwise qualifies as an
     interim multiple dwelling, and the tenants are eligible
     under the local zoning resolution for such occupancy. A
     reduction in the number of occupied residential units in a
     building after December first, nineteen hundred eighty-one
     shall not eliminate the protections of this article for any
     remaining residential occupants qualified for such
     protections. Non-residential space in a building as of the
     effective date of the act which added this article shall be
     offered for residential use only after the obtaining of a
     residential certificate of occupancy for such space, and
     such space shall be exempt from this article, even if a
     portion of such building may be an interim multiple
     dwelling.

4.   Interim multiple dwellings shall also include buildings,
     structures or portions thereof that had residential
     occupants on May first, nineteen hundred eighty-seven in
     units occupied residentially since December first, nineteen
     hundred eighty-one that were occupied for residential
     purposes since April first, nineteen hundred eighty and
     those units shall be qualified for protection pursuant to
     this article, provided that the building or any portion
     thereof meets the requirements set out in subdivision one of
     this section, regardless of whether the buildings,
     structures or portions thereof meets the requirements set
     out in paragraphs (i), (iii) and (iv) of subdivision two of
     this section.

* NB Terminates 96/06/30


*Sec. 282.     Establishment of special loft unit.

In order to resolve complaints of owners of interim multiple
dwellings and of residential occupants of such buildings
qualified for the protection of this article, and to act upon
hardship applications made pursuant to this article, a special
loft unit referred to herein as the "loft board" shall be
established which shall consist of from four to nine members
representative of the public, the real estate industry, loft
residential tenants, and loft manufacturing interests, and a
chairperson, all to be appointed by the mayor of the municipality
and to serve such terms as he may designate. The compensation of
the members of the loft board shall be fixed by the mayor. The
members of the loft board shall not be considered employees of
the state or the municipality, provided, however, that state or
municipal employees or officers may be named to the loft board.
The mayor shall establish the loft board within ninety days of
the effective date of the act which added this article. The loft
board shall have such office and staff as shall be necessary to
carry out functions conferred upon it and may request and receive
assistance from any state or municipal agency or department. The
loft board shall have the following duties: (a) the determination
of interim multiple dwelling status and other issues of coverage
pursuant to this article; (b) the resolution of all hardship
appeals brought under this article; (c) the determination of any
claim for rent adjustment under this article by an owner or
tenant; (d) the issuance, after a public hearing, and the
enforcement of rules and regulations governing minimum housing
maintenance standards in interim multiple dwellings (subject to
the provisions of this chapter and any local building code), rent
adjustments prior to legalization, compliance with this article
and the hearing of complaints and applications made to it
pursuant to this article; and (e) determination of controversies
arising over the fair market value of a residential tenant's
fixtures or reasonable moving expenses. The violation of any rule
or regulation promulgated by the loft board shall be punishable
by a civil penalty determined by the loft board not to exceed one
thousand dollars which may be recovered by the municipality by a
proceeding in any court of competent jurisdiction. The loft board
may charge and collect reasonable fees in the execution of its
responsibilities. The loft board may administer oaths, take
affidavits, hear testimony, and take proof under oath at public
or private hearings.

* NB Terminates 96/06/30


*Sec. 283.     Occupancy permitted.

Notwithstanding any other provision of this chapter or any other
law, code, rule or regulation, occupancy for residential purposes
of residential units covered by this article is permitted, if
such occupancy is in compliance with this article. Nothing
contained herein shall be construed to limit local authorities
from issuing vacate orders for hazardous conditions, if
appropriate.

* NB Terminates 96/06/30


*Sec. 284.     Owner obligations.

1.    (i)  The owner of an interim multiple dwelling (A)
           shall file an alteration application within nine
           months from the effective date of the act which added
           this article, and (B) shall take all reasonable and
           necessary action to obtain an approved alteration
           permit within twelve months from such effective date,
           and (C) shall achieve compliance with the standards
           of safety and fire protection set forth in article
           seven-B of this chapter for the residential portions
           of the building within eighteen months from obtaining
           such alteration permit or eighteen months from such
           effective date, whichever is later, and (D) shall
           take all reasonable and necessary action to obtain a
           certificate of occupancy as a class A multiple
           dwelling for the residential portions of the building
           or structure within thirty-six months from such
           effective date. The loft board may, upon good cause
           shown, and upon proof of compliance with the
           standards of safety and fire protection set forth in
           article seven-B of this chapter, twice extend the
           time of compliance with the requirement to obtain a
           residential certificate of occupancy for periods not
           to exceed twelve months each.

     (ii)  An owner of an interim multiple dwelling who has not
           complied with the requirements of paragraph (i) of
           this subdivision by the effective date of the chapter
           of the laws of nineteen hundred ninety-two which
           added this paragraph shall hereafter be deemed in
           compliance with this subdivision provided that such
           owner files an alteration application by October
           first, nineteen hundred ninety-two, takes all
           reasonable and necessary action to obtain an approved
           alteration permit by October first, nineteen hundred
           ninety-three, achieves compliance with the standards
           of safety and fire protection set forth in article
           seven-B of this chapter for the residential portions
           of the building by April first, nineteen hundred
           ninety-five, or within eighteen months from obtaining
           an approved alteration permit, whichever is later,
           and takes all reasonable and necessary action to
           obtain a certificate of occupancy as a class A
           multiple dwelling for the residential portions of the
           building or structure by October first, nineteen
           hundred ninety-five or within six months from
           achieving compliance with the aforementioned
           standards for the residential portions of the
           building, whichever is later.

     (iii) An owner who is unable to satisfy any requirement
           specified in paragraph (ii) of this subdivision for
           reasons beyond his/her control, including, but not
           limited to, a requirement to obtain a certificate of
           appropriateness for modification of a landmarked
           building, a need to obtain a variance from a board of
           standards and appeals, or the denial of reasonable
           access to a residential unit as required by paragraph
           (vii) of this subdivision, may apply to the loft
           board for an extension of time to meet the
           requirement specified in paragraph (ii) of this
           subdivision. The loft board may grant an extension of
           time to meet a requirement specified in paragraph
           (ii) of this subdivision provided that the owner
           demonstrates that he/she has made good faith efforts
           to satisfy the requirements.

     (iv)  If there is a finding by the loft board that an owner
           has failed to satisfy any requirement specified in
           paragraphs (i) and (ii) of this subdivision, such
           owner shall be subject to all penalties set forth in
           article eight of this chapter.

     (v)   In addition to the penalties provided in article
           eight of this chapter, if there is a finding by the
           loft board that an owner has failed to satisfy any
           requirement specified in paragraphs (i) and (ii) of
           this subdivision, a court may order specific
           performance to enforce the provisions of this article
           upon the application of three occupants of separate
           residential units qualified for the protection of
           this article, or upon the application of the
           municipality.

     (vi)  If, as a consequence of an owner's unlawful failure
           to comply with the provisions of paragraphs (i) and
           (ii) of this subdivision, any residential occupant
           qualified for protection pursuant to this article is
           required to vacate his or her unit as a result of a
           municipal vacate order, such occupant may recover
           from the owner the fair market value of any
           improvements made by such tenant and reasonable
           moving costs. Any vacate order issued as to such unit
           by a local government shall be deemed an order to the
           owner to correct the non-compliant conditions,
           subject to the provisions of this article.
           Furthermore, when such correction has been made, such
           occupant shall have the right to re-occupy his or her
           unit and shall be entitled to all applicable tenant
           protections of this article.

     (vii) The occupants of a building shall, upon appropriate
           notice regarding the timing and scope of the work
           required, afford the owner reasonable access to their
           units so that the work necessary for compliance with
           this article can be carried out. Access shall also be
           afforded, upon reasonable prior notice, for the
           purpose of inspecting and surveying units as may be
           required to comply with the provisions of this
           article and article seven-B of this chapter. Failure
           to comply with an order of the loft board regarding
           access shall be grounds for eviction of a tenant.

2.   Every owner of an interim multiple dwelling, every lessee of
     a whole building part of which is an interim multiple
     dwelling, and every agent or other person having control of
     such a dwelling, shall, within sixty days of the effective
     date of the act which added this article, file with the loft
     board or any other authority designated by the mayor a
     notice in conformity with all provisions of section three
     hundred twenty-five of this chapter and with rules and
     regulations to be promulgated by the loft board.

* NB Terminates 96/06/30


*Sec. 285.     Owner protection.

1.   Notwithstanding the provisions of section three hundred two
     or three hundred twenty-five of this chapter, the owner of
     an interim multiple dwelling may recover rent payable from
     residential occupants qualified for the protection of this
     article on or after April first, nineteen hundred eighty,
     and maintain an action or proceeding for possession of such
     premises for non-payment of rent, provided that he is in
     compliance with this article.

2.   Notwithstanding any other provision of this article, an
     owner may apply to the loft board for exemption of a
     building or portion thereof from this article on the basis
     that compliance with this article in obtaining a legal
     residential certificate of occupancy would cause an
     unjustifiable hardship either because: (i) it would cause an
     unreasonably adverse impact on a non-residential conforming
     use tenant within the building or, (ii) the cost of
     compliance renders legal residential conversion infeasible.
     Residential and other tenants shall be given not less than
     sixty days notice in advance of the hearing date for such
     application. If the loft board approves such application,
     the building or portion thereof shall be exempt from this
     article, and may be converted to non-residential conforming
     uses, provided, however, that the owner shall, as a
     condition of approval of such application, agree to file an
     irrevocable recorded covenant in form satisfactory to the
     loft board enforceable for fifteen years by the
     municipality, that the building will not be re-converted to
     residential uses during such time. The standard for granting
     such hardship application for a building or portion thereof
     shall be as follows: (a) the loft board shall only grant the
     minimum relief necessary to relieve any alleged hardship
     with the understanding if compliance is reasonably possible
     it should be achieved even if it requires alteration of
     units, relocation of tenants to vacant space within the
     building, re-design of space or application for a non-use-
     related variance, special permit, minor modification or
     administrative certification; (b) self-created hardship
     shall not be allowed; (c) the test for cost infeasibility
     shall be that of a reasonable return on the owner's
     investment not maximum return on investment; (d) the test
     for unreasonably adverse impact on a non-residential
     conforming use tenant shall be whether residential
     conversion would necessitate displacement. Such hardship
     applications shall be submitted to the loft board within
     nine months of the establishment of the loft board (or, in
     the case of interim multiple dwellings referred to in
     subdivision four of section two hundred eighty-one of this
     chapter, within nine months of the effective date of that
     subdivision), but shall not be considered, absent a waiver
     by the loft board, unless the owner has also filed an
     alteration application. In determination of any such
     hardship application, the loft board may demand such
     information as it deems necessary. In approving any such
     hardship application, the loft board may fix reasonable
     terms and conditions for the vacating of residential
     occupancy.

3.   An owner of an interim multiple dwelling shall be exempt
     from paying a conversion contribution required by the zoning
     resolution of the city of New York for that portion of any
     building or structure determined by the loft board to be an
     interim multiple dwelling.

* NB Terminates 96/06/30


*Sec. 286.     Tenant protection.

1.   It shall not be a ground for an action or proceeding to
     recover possession of a unit occupied by a residential
     occupant qualified for the protection of this article that
     the occupancy of the unit is illegal or in violation of
     provisions of the tenant's lease or rental agreement because
     a residential certificate of occupancy has not been issued
     for the building, or because residential occupancy is not
     permitted by the lease or rental agreement.

2.    (i)  Prior to compliance with safety and fire
           protection standards of article seven-B of this
           chapter, residential occupants qualified for
           protection pursuant to this article shall be entitled
           to continued occupancy, provided that the unit is
           their primary residence, and shall pay the same rent,
           including escalations, specified in their lease or
           rental agreement to the extent to which such lease or
           rental agreement remains in effect or, in the absence
           of a lease or rental agreement, the same rent most
           recently paid and accepted by the owner; if there is
           no lease or other rental agreement in effect, rent
           adjustments prior to article seven-B compliance shall
           be in conformity with guidelines to be set by the
           loft board for such residential occupants within six
           months from the effective date of this article.

     (ii)  In addition to any rent adjustment pursuant to
           paragraph (i) of this subdivision, on or after the
           effective date of this paragraph, the rent for
           residential units in interim multiple dwellings that
           are not yet in compliance with the requirements of
           subdivision one of section two hundred eighty-four of
           this article shall be adjusted as follows:

          (A)   Upon the owners' filing of an alteration
                application, as required by paragraph (ii) of
                subdivision one of section two hundred eighty-
                four of this article, an adjustment equal to six
                percent of the rent in effect at the time the
                owner files the alteration application.

          (B)   Upon obtaining an alteration permit, as required
                by paragraph (ii) of subdivision one of section
                two hundred eighty-four of this article, an
                adjustment equal to eight percent of the rent in
                effect at the time the owner obtains the
                alteration permit.

          (C)   Upon achieving compliance with the standards of
                safety and fire protection set forth in article
                seven-B of this chapter for the residential
                portions of the building, an adjustment equal to
                six percent of the rent in effect at the time
                the owner achieves such compliance.

          (D)   Owners who filed an alteration application prior
                to the effective date of this subparagraph shall
                be entitled to a prospective adjustment equal to
                six percent of the rent on the effective date of
                this subparagraph.

          (E)   Owners who obtained an alteration permit prior
                to the effective date of this subparagraph shall
                be entitled to a prospective adjustment equal to
                fourteen percent of the rent on the effective
                date of this subparagraph.

          (F)   Owners who achieved compliance with the
                standards of safety and fire protection set
                forth in article seven-B of this chapter for the
                residential portions of the building prior to
                the effective date of this subparagraph shall be
                entitled to a prospective adjustment equal to
                twenty percent of the rent on the effective date
                of this subparagraph.

     (iii) Any rent adjustments pursuant to paragraph (ii)
           of this subdivision shall not apply to units
           which were rented at market value after June
           twenty-first, nineteen hundred eighty-two and
           prior to the effective date of this paragraph.

     (iv)  Payment of any rent adjustments pursuant to
           paragraph (ii) of this subdivision shall
           commence the month immediately following the
           month in which the act entitling the owner to
           the adjustment occurred.

3.   Upon or after compliance with the safety and fire protection
     standards of article seven-B of this chapter, an owner may
     apply to the loft board for an adjustment of rent based upon
     the cost of such compliance. Upon approval by the loft board
     of such compliance, the loft board shall set the initial
     legal regulated rent, and each residential occupant
     qualified for protection pursuant to this article shall be
     offered a residential lease subject to the provisions
     regarding evictions and regulation of rent set forth in the
     emergency tenant protection act of nineteen seventy-four,
     except to the extent the provisions of this article are
     inconsistent with such act. At such time, the owners of such
     buildings shall join a real estate industry stabilization
     association in accordance with such act.

4.   The initial legal regulated rent established by the loft
     board shall be equal to (i) the rent in effect, including
     escalations, as of the date of application for adjustment
     ("base rent"), plus, (ii) the maximum annual amount of any
     increase allocable to compliance as provided herein; and
     (iii) the percentage increase then applicable to one, two or
     three year leases, as elected by the tenant, as established
     by the local rent guidelines board, and applied to the base
     rent, provided, however, such percentage increases may be
     adjusted downward by the loft board if prior increases based
     on loft board guidelines cover part of the same time period
     to be covered by the rent guidelines board adjustments.

5.   An owner may apply to the loft board for rent adjustments
     once based upon the cost of compliance with article seven-B
     of this chapter and once based upon the obtaining of a
     residential certificate of occupancy. If the initial legal
     regulated rent has been set based only upon article seven-B
     compliance, a further adjustment may be obtained upon the
     obtaining of a residential certificate of occupancy. Upon
     receipt of such records as the loft board shall require, the
     loft board shall determine the costs necessarily and
     reasonably incurred, including financing, in obtaining
     compliance with this article pursuant to a schedule of
     reasonable costs to be promulgated by it. The adjustment in
     maximum rents for compliance with this article shall be
     determined either (i) by dividing the amount of the cash
     cost of such improvements exclusive of interest and service
     charges over a ten year period of amortization, or (ii) by
     dividing the amount of the cash cost of such improvements
     exclusive of interest and service charges over a fifteen
     year period of amortization, plus the actual annual mortgage
     debt service attributable to interest and service charges in
     each year of indebtedness to an institutional lender, or
     other lender approved by the loft board, incurred by the
     owner to pay the cash cost of the improvements, provided
     that the maximum amount of interest charged includable in
     rent shall reflect an annual amortization factor of one-
     fifteenth of the outstanding principal balance. Rental
     adjustments to each residential unit shall be determined on
     a basis approved by the loft board. An owner may elect that
     the loft board shall deem the total cost of compliance with
     this article to be the amounts certified by the local
     department of housing preservation and development of such
     municipality in any certificate of eligibility issued in
     connection with an application for tax exemption or tax
     abatement to the extent such certificate reflects categories
     of costs approved by the loft board as reasonable and
     necessary for such compliance. Rental adjustments
     attributable to the cost of compliance with this article
     shall not become part of the base rent for purposes of
     calculating rents adjusted pursuant to rent guidelines board
     increases.

6.   Notwithstanding any provision of law to the contrary, a
     residential tenant qualified for protection pursuant to this
     chapter may sell any improvements to the unit made or
     purchased by him to an incoming tenant provided, however,
     that the tenant shall first offer the improvements to the
     owner for an amount equal to their fair market value. Upon
     purchase of such improvements by the owner, any unit subject
     to rent regulation solely by reason of this article and not
     receiving any benefits of real estate tax exemption or tax
     abatement, shall be exempted from the provisions of this
     article requiring rent regulation if such building had fewer
     than six residential units as of the effective date of the
     act which added this article, or rented at market value
     subject to subsequent rent regulation if such building had
     six or more residential units at such time. The loft board
     shall establish rules and regulations regarding such sale of
     improvements which shall include provisions that such right
     to sell improvements may be exercised only once for each
     unit subject to this article, and that the opportunity for
     decontrol or market rentals shall not be available to an
     owner found guilty by the loft board of harassment of
     tenants.

7.   The local rent guidelines board shall annually establish
     guidelines for rent adjustments for the category of
     buildings covered by this article in accordance with the
     standards established pursuant to the emergency tenant
     protection act of nineteen seventy-four. The local rent
     guidelines board shall consider the necessity of a separate
     category for such buildings, and a separately determined
     guideline for rent adjustments for those units in which heat
     is not required to be provided by the owner, and may
     establish such separate category and guideline. The loft
     board shall annually commission a study by an independent
     consultant to assist the rent guidelines board in
     determining the economics of loft housing.

8.   Cooperative and condominium units occupied by owners or
     tenant-shareholders shall not be subject to rent regulation
     pursuant to this article.

9.   No eviction plan for conversion to cooperative or
     condominium ownership for a building which is, or a portion
     of which is an interim multiple dwelling shall be submitted
     for filing to the department of law pursuant to the general
     business law until a residential certificate of occupancy is
     obtained as required by this article, and the residential
     occupants qualified for protection pursuant to this article
     are offered one, two or three year leases, as elected by
     such persons, in accordance with the provisions for
     establishment of initial legal regulated rent contained
     herein. Non-eviction plans for such buildings may be
     submitted for filing only if the sponsor remains responsible
     for compliance with article seven-B and for all work in
     common areas required to obtain a residential certificate of
     occupancy. Cooperative conversion shall be fully in
     accordance with section three hundred fifty-two-eeee of the
     general business law, the requirements of the code of the
     local real estate industry stabilization association, and
     with the rules and regulations promulgated by the attorney
     general.

10.  The functions of the local conciliation and appeals board of
     such municipality regarding owners and tenants subject to
     rent regulation pursuant to this article shall be carried
     out by the loft board until such time as provided otherwise
     by local law.

11.  Residential occupants qualified for protection pursuant to
     this article shall be afforded the protections available to
     residential tenants pursuant to the real property law and
     the real property actions and proceedings law.

12.  No waiver of rights pursuant to this article by a
     residential occupant qualified for protection pursuant to
     this article made prior to the effective date of the act
     which added this article shall be accorded any force or
     effect; however, subsequent to the effective date an owner
     and a residential occupant may agree to the purchase by the
     owner of such person's rights in a unit.

13.  The applicability of the emergency tenant protection act of
     nineteen seventy-four to buildings occupied by residential
     tenants qualified for protection pursuant to this article
     shall be subject to a declaration of emergency by the local
     legislative body. In the event such act expires prior to the
     expiration of this article, tenants in interim multiple
     dwellings shall be included in coverage of the rent
     stabilization law of nineteen hundred sixty-nine of the city
     of New York. * NB Terminates 96/06/30


*Sec. 287.     Alternative compliance.

In any case in which a local building code or this chapter
provides an alternative means of meeting the fire and safety
standards of article seven-B of this chapter, an owner of an
interim multiple dwelling may, to the extent permitted by such
local code or this chapter, elect to comply with the standards of
such code or this chapter rather than with article seven-B. Such
an election shall not affect an owner's obligations to meet the
deadlines for compliance set forth in this article, and in such
cases references herein to article seven-B shall be deemed to
include any such local building code or the applicable provisions
of this chapter.

* NB Terminates 96/06/30


=================================================================

                            ARTICLE 8
                    REQUIREMENTS AND REMEDIES

Section             300. Permits.
                    301. Certificate of compliance or
                         occupancy.
                    302. Unlawful occupation.
                    302a Abatement of rent in the
                         case of serious violations.
                    302b Removal of violations by
                         mortgagees.
                    302c Right of tenant to offset
                         payments for heat failure; certain
                         cases.
                    303. Enforcement.
                    304. Penalties for violations.
                    305. Violation of local laws and
                         regulations.
                    306. Judicial procedure and orders.
                    307. Liens.
                    308. Notice of pendency of action.
                    309. Repairs, vacation and
                         demolition of buildings.
                    309a Multiple dwelling;
                         apartment prohibitions for certain
                         employees.
                    310. Board of appeals.

=================================================================


Sec. 300. Permits.

1.   It shall be unlawful to commence the construction or
     alteration of a multiple dwelling or any part or section
     thereof, or of any building or structure on the same lot
     with such a dwelling, or the alteration or conversion of a
     building for use as a multiple dwelling, or the moving of a
     dwelling from one lot to another, until the issuance of a
     permit by the department upon compliance with all of the
     following requirements:

     a.   The owner, or a registered architect or licensed
          professional engineer designated by the owner as his
          agent, shall file with the department, upon a form
          furnished by it, a detailed statement of the
          specifications for the construction, alteration,
          conversion or moving of such dwelling or structure and
          for its use and occupancy, together with as many
          complete copies of the plans of such work as may be
          required by the department.

     b.   Such statement shall give the name and residence, by
          street and number, of the owner of such dwelling or
          structure. If such construction, alteration, conversion
          or moving is proposed to be done by any other person
          than the owner of the land in fee, such statement shall
          also contain the name and residence, by street and
          number, of every person interested in such land and
          dwelling, either as owner, as lessee or in any
          representative capacity.

     c.   Such statement shall be verified by an affidavit of the
          person making it. Said affidavit shall allege that said
          specifications and plans are true and contain a correct
          description of such dwelling or structure, of the class
          and kind thereof, of its occupancy of the lot and of
          the proposed work. No architect or engineer shall be
          recognized as the agent of the owner unless he shall
          file with the department a written instrument, signed
          by the owner, designating him as such agent. Any false
          allegation in respect to a material point shall be
          deemed perjury.

     d.   Such specifications, plans and statements shall be
          filed in the department, which shall cause them to be
          examined. If such plans and specifications conform to
          the provisions of this chapter, to the building code
          and regulations, and to all other applicable law, they
          shall be approved by the department, and a written
          certificate to that effect shall be issued to the
          person entitled thereto.

2.   The construction, alteration, conversion or moving of such
     dwelling or structure or any section or part thereof shall
     be in accordance with such approved specifications, plans
     and statements. The department may approve changes in any
     plans, specifications and statements previously approved by
     it, provided that when so changed they are in conformity
     with law and with the provision of subdivision four.

3.   Nothing contained in this section shall prevent the
     department from issuing a permit for the erection of the
     foundation or cellar walls of a dwelling, provided plans
     have been filed and approved in the department for the
     erection of such walls, but no construction above the first
     tier of beams shall be authorized under such permit.

4.   Any permit or approval which may be issued by the
     department, but under which no work has been done above the
     foundation or cellar walls within two years from the time of
     the issuance of such permit or approval, shall expire. The
     department may reissue any permit or renew any approval that
     has so expired, but shall require, except as otherwise
     provided in subdivision one of section twenty-six, that the
     plans be made to conform with any amendments to any laws
     applicable thereto that may have been enacted after the
     approval of the original application.

5.   Any permit or approval issued for plans filed prior to
     December fifteenth, nineteen hundred sixty-one, where such
     plans do not comply with the provisions of paragraph d of
     subdivision one of section twenty-six, shall expire on
     December fifteenth, nineteen hundred sixty-seven.

6.   No room in a cellar or basement shall be occupied for living
     purposes unless the department shall issue a written permit
     for such occupancy after all the applicable provisions of
     law have been complied with. If such permit is refused or
     revoked, the reason for such action shall be stated by the
     department in writing and a copy of such statement shall be
     recorded by the department and be accessible to the public.
     In a tenement such permit shall be kept readily accessible
     in the main living room of the apartment containing such
     cellar or basement room.

7.   The department shall have power to revoke or cancel any
     permit or approval in case of any failure to comply with any
     of the provisions of this chapter, or in case any false
     allegation or representation is made in any specifications,
     plans or statements submitted or filed for such permit or
     approval.

8.   All specifications, plans, permits and statements filed in
     the department shall be public records and shall not be
     removed from the department.


Sec. 301. Certificate of compliance or occupancy.

1.   No multiple dwelling shall be occupied in whole or in part
     until the issuance of a certificate by the department that
     said dwelling conforms in all respects to the requirements
     of this chapter, to the building code and rules and to all
     other applicable law, except that no such certificate shall
     be required in the case of:

     a.   Any class B multiple dwelling existing on April
          eighteenth, nineteen hundred twenty-nine, for which a
          certificate of occupancy was not required before such
          date and in which no changes or alterations have been
          made except in compliance with this chapter, and

     b.   Any old-law tenement, or any class A multiple dwelling
          erected after April twelfth, nineteen hundred one,
          which was occupied for two years immediately before
          January first, nineteen hundred nine, and in which no
          changes or alterations have been made except in
          compliance with the tenement house law or this chapter,
          or wherein:

          (1)   two or more apartments are combined creating
                larger residential units, and

          (2)   the total legal number of families within the
                building is being decreased, and

          (3)   the bulk of the buildings is not being increased

          These exceptions shall not be deemed to relieve any
          owner from the obligation to make every alteration
          required in any old-law tenement or other multiple
          dwelling in compliance with the applicable provisions
          of this chapter.

     2.   Except as above provided, no dwelling constructed as or
          altered or converted into a multiple dwelling after
          April eighteenth, nineteen hundred twenty-nine, shall
          be occupied in whole or in part until the issuance of a
          certificate of compliance or occupancy.

     3.   Such certificate shall be issued within ten days after
          written application therefor if the dwelling shall be
          entitled thereto. The department shall, on request of
          the owner or of his certified agent, issue a
          certificate of compliance or occupancy for any existing
          multiple dwelling not requiring such certificate,
          provided that, after an inspection by the department,
          no violations are found against such dwelling.

4.   The head of the department may, on the request of the owner
     or his certified agent, issue a temporary certificate of
     compliance or occupancy for a multiple dwelling or a section
     or a part thereof for a period of ninety days or less,
     provided that such certificate shall bear the endorsement
     that the dwelling has been inspected by the department and
     complies with all the requirements of this chapter, and that
     such temporary occupancy will not jeopardize life, health or
     property. Such temporary certificate may be renewed at the
     discretion of the head of the department for similar periods
     but shall not extend, together with such renewals, beyond a
     total period of two years from the date of its original
     issuance.

5.   A certificate, a record in the department, or a statement
     signed by the head of the department that a certificate has
     been issued, may be relied upon by every person who in good
     faith purchases a multiple dwelling or who in good faith
     lends money upon the security of a mortgage covering such a
     dwelling. Whenever any person has so relied upon such a
     certificate, no claim that such dwelling had not, prior to
     the issuance of such certificate, conformed in all respects
     to the provisions of this chapter shall be made against such
     person or against the interest of such person in a multiple
     dwelling to which such a certificate applies or concerning
     which such a statement has been issued.

6.   Notwithstanding any general or local law to the contrary, a
     certificate issued for any multiple dwelling organized
     pursuant to the provisions of article nine-B of the real
     property law, shall be deemed issued for each dwelling unit
     contained within such multiple dwelling in full compliance
     with the requirements of this section.


Sec. 302. Unlawful occupation.

1.   a.   If any dwelling or structure be occupied in whole
          or in part for human habitation in violation of section
          three hundred one, during such unlawful occupation any
          bond or note secured by a mortgage upon said dwelling
          or structure, or the lot upon which it stands, may be
          declared due at the option of the mortgagee.

     b.   No rent shall be recovered by the owner of such
          premises for said period, and no action or special
          proceeding shall be maintained therefor, or for
          possession of said premises for nonpayment of such
          rent.

     c.   During such period the department in charge of water
          supply shall not permit water to be furnished in any
          such dwelling or structure and said premises shall be
          deemed unfit for human habitation, and the department
          of health or the department charged with the
          enforcement of this chapter shall cause them to be
          vacated.

2.   The department may cause to be vacated any dwelling or any
     part thereof which contains a nuisance as defined in section
     three hundred nine, or is occupied by more families or
     persons than permitted in this chapter, or is erected,
     altered or occupied contrary to law. Any such dwelling shall
     not again be occupied until it or its occupancy, as the case
     may be, has been made to conform to law.


Sec. 302-a.    Abatement of rent in the case of serious
               violations.

1.   The provisions of this section shall apply to all cities
     with a population of four hundred thousand or more.

2.   a.   A "rent impairing" violation within the meaning of
          this section shall designate a condition in a multiple
          dwelling which, in the opinion of the department,
          constitutes, or if not promptly corrected, will
          constitute, a fire hazard or a serious threat to the
          life, health or safety of occupants thereof.

     b.   The determination as to which violations are "rent
          impairing" shall be made in the following manner.
          Within six months after the enactment of this section,
          the department shall promulgate a list of conditions
          constituting violations of the provisions of this
          chapter and of any regulations promulgated pursuant to
          the provisions of subdivision four of section three of
          this chapter. Such list shall contain a brief
          description of the condition constituting the
          violation, the section of this chapter or regulation
          violated, and the order number assigned thereto. The
          department may from time to time change the number or
          description of violations on such list, as may seem
          appropriate to the department. Such list shall be
          available at all times to the public.

     c.   At the time of the promulgation of the list of
          violations, the department shall also designate, by
          reference to the order number, those violations which
          it proposes to classify as rent impairing as above
          defined. Within thirty days thereafter, the department
          shall hold a public hearing at which all persons
          interested may be heard as to the propriety of the
          classification of such violations as rent impairing. At
          least twenty days' notice of such hearing shall be
          given by publication in the city record or other
          publication in which official notices of the city are
          regularly published. Within a reasonable time after the
          hearing, the department shall make and publish a list
          of those violations which are classified as rent
          impairing. Any person interested may, within four
          months thereafter, seek a review by the supreme court
          of the propriety of the classification of any of such
          violations as "Rent Impairing" by a special proceeding
          pursuant to article seventy-eight of the civil practice
          law and rules. No other body or officer shall have the
          power to review said classification.

     d.   The department may at any time change the number or
          description of rent impairing violations but no such
          change shall be made except in the manner above set
          forth after notice and public hearing.

3.   a.   If (i) the official records of the department
          shall note that a rent impairing violation exists in
          respect to a multiple dwelling and that notice of such
          violation has been given by the department, by mail, to
          the owner last registered with the department and (ii)
          such note of the violation is not canceled or removed
          of record within six months after the date of such
          notice of such violation, then for the period that such
          violation remains uncorrected after the expiration of
          said six months, no rent shall be recovered by any
          owner for any premises in such multiple dwelling used
          by a resident thereof for human habitation in which the
          condition constituting such rent impairing violation
          exists, provided, however, that if the violation is one
          that requires approval of plans by the department for
          the corrective work and if plans for such corrective
          work shall have been duly filed within three months
          from the date of notice of such violation by the
          department to the owner last registered with the
          department, the six-months period aforementioned shall
          not begin to run until the date that plans for the
          corrective work are approved by the department; if
          plans are not filed within said three-months period or
          if so filed, they are disapproved and amendments are
          not duly filed within thirty days after the date of
          notification of the disapproval by the department to
          the person having filed the plans, the six-months
          period shall be computed as if no plans whatever had
          been filed under this proviso. If a condition
          constituting a rent impairing violation exists in the
          part of a multiple dwelling used in common by the
          residents or in the part under the control of the owner
          thereof, the violation shall be deemed to exist in the
          respective premises of each resident of the multiple
          dwelling.

     b.   The provisions of subparagraph a shall not apply if (i)
          the condition referred to in the department's notice to
          the owner last registered with the department did not
          in fact exist, notwithstanding the notation thereof in
          the records of the department; (ii) the condition which
          is the subject of the violation has in fact been
          corrected, though the note thereof in the department
          has not been removed or canceled; (iii) the violation
          has been caused by the resident from whom rent is
          sought to be collected or by members of his family or
          by his guests or by another resident of the multiple
          dwelling or the members of the family of such other
          resident or by his guests, or (iv) the resident
          proceeded against for rent has refused entry to the
          owner for the purpose of correcting the condition
          giving rise to the violation.

     c.   To raise a defense under subparagraph a in any action
          to recover rent or in any special proceeding for the
          recovery of possession because of non-payment of rent,
          the resident must affirmatively plead and prove the
          material facts under subparagraph a, and must also
          deposit with the clerk of the court in which the action
          or proceeding is pending at the time of filing of the
          resident's answer the amount of rent sought to be
          recovered in the action or upon which the proceeding to
          recover possession is based, to be held by the clerk of
          the court until final disposition of the action or
          proceeding at which time the rent deposited shall be
          paid to the owner, if the owner prevails, or be
          returned to the resident if the resident prevails. Such
          deposit of rent shall vitiate any right on the part of
          the owner to terminate the lease or rental agreement of
          the resident because of nonpayment of rent.

     d.   If a resident voluntarily pays rent or an installment
          of rent when he would be privileged to withhold the
          same under subparagraph a, he shall not thereafter have
          any claim or cause of action to recover back the rent
          or installment of rent so paid. A voluntary payment
          within the meaning hereof shall mean payment other than
          one made pursuant to a judgment in an action or special
          proceeding.

     e.   If upon the trial of any action to recover rent or any
          special proceeding for the recovery of possession
          because of non-payment of rent it shall appear that the
          resident has raised a defense under this section in bad
          faith, or has caused the violation or has refused entry
          to the owner for the purpose of correcting the
          condition giving rise to the violation, the court, in
          its discretion, may impose upon the resident the
          reasonable costs of the owner, including counsel fees,
          in maintaining the action or proceeding not to exceed
          one hundred dollars.


Sec. 302-b.    Removal of violations by mortgagees.

1.   Notwithstanding any other provision of law, where a receiver
     has been appointed in foreclosure proceedings instituted by
     a mortgagee with respect to any multiple dwelling, such
     mortgagee may advance to such receiver funds necessary for
     the operation of such multiple dwelling and for the making
     of repairs therein necessary to remove conditions
     constituting violations of this chapter. Such receiver
     shall, to the extent possible, repay any and all such
     advances from income received by him with respect to the
     property and, if such income is insufficient to permit
     complete repayment of such advances, any amounts which
     cannot be so repaid, with interest, shall be added to the
     amount of the lien of such mortgagee upon entry of a
     foreclosure judgment, provided, however, that such amounts
     shall not be the basis for any additional personal liability
     on the part of the mortgagor.

2.   Notwithstanding any other provisions of law, a mortgagee
     advancing funds to a receiver pursuant to subdivision one of
     this section shall be liable only for gross and willful
     negligence with respect to any repair made at his direction
     and with funds so advanced.


Sec. 302-c.    Right of tenant to offset payments for heat
               failure; certain cases.

1.   Any tenant acting alone or together with other tenants of a
     multiple dwelling employing an oil fired heating device for
     which the owner is responsible and wherein there exists a
     lack of heat due to the owner's failure to have oil supplied
     to the premises, may contract and pay for the delivery of
     such oil in accordance with the provisions of this section.
     Any payment so made shall be deductible from rent providing
     the following provisions have been substantially complied
     with by the tenant or someone acting on his behalf:

     a.   Reasonable efforts were made to contact the owner or
          his agent to inform the owner of such failure to supply
          oil.

     b.   Reasonable efforts were made to have the normal fuel
          supplier to the premises deliver the requested fuel.

     c.   Delivery of fuel oil to the premises was secured from a
          fuel supplier regularly engaged in such business at a
          price within the range of prices listed by the
          department in the index provided for in subdivision
          three of this section.

     d.   The fuel supplier from whom oil is secured provided a
          written statement containing the following:

          (1)   The name of the person or persons who requested
                the delivery; and

          (2)   The date, time of and premises to which delivery
                was made; and

          (3)   The amount, grade and price of the oil
                delivered; and

          (4)   A certification that the usable fuel supply
                before the delivery was exhausted; and

          (5)   The charge, if any, for refiring the burner; and

          (6)   The amounts and from whom any payments were
                received.

     e.   A tenant shall not be required to comply with the
          provisions of paragraph a or b hereof unless the owner
          has continuously kept posted in a conspicuous place at
          the premises a notice containing his name, address and
          telephone number or that of his agent and the name,
          address and telephone number of the fuel supplier to
          the premises.

     f.   For purposes of this section, a multiple dwelling shall
          be considered to lack heat if, during the months
          between October first and May thirty-first, while its
          usable fuel supply was exhausted, the outdoor
          temperature fell below fifty-five degrees Fahrenheit at
          any time during the hours between six o'clock in the
          morning and ten o'clock in the evening.

2.   The deduction from rent allowed by this section shall also
     include a reasonable charge, if any, made by the supplier
     for refiring the oil burner at the premises.

3.   The department charged with the enforcement of laws,
     ordinances and regulations in relation to multiple dwellings
     shall:

     a.   Maintain and, to the extent practicable, update at
          least bi-weekly an index reflecting the range of prices
          of fuel oil according to grade and quantity paid per
          gallon on deliveries within the jurisdiction of the
          department during the last two week period for which
          statistics are available; and

     b.   Maintain and keep current and available a list of
          suppliers which have agreed to make deliveries of fuel
          oil in the circumstances, and to render such assistance
          as is otherwise required hereby to enable tenants to
          obtain the benefits, contemplated by this section.

4.   The payment for fuel oil at a price within the range of
     prices permitted by paragraph c of subdivision one of this
     section shall be conclusively presumed to have been a
     reasonable price.

5.   The introduction into evidence in any action or proceeding
     of any statement rendered in compliance with the provisions
     of paragraph d of subdivision one of this section shall be
     presumptive of the facts stated therein. Sufficient
     foundation for the allowance into evidence of such statement
     shall consist of the oral testimony of any person named as a
     payer of all or part of the amount indicated thereon
     relating the facts and circumstances in which the statement
     was rendered.

6.   Any tenant who has in good faith secured and paid for fuel
     oil otherwise in conformance with the provisions of this
     section and against whom an action or proceeding to recover
     possession of the premises for nonpayment of rent or any
     other action or proceeding attributable at least in part to
     the tenant seeking or taking a deduction from rent as
     allowed by this section shall, in addition to any other
     amounts, be entitled to recover reasonable costs and
     attorney's fees against an owner bringing such action or
     proceeding.

7.   No owner or agent shall be entitled to recover any amounts
     in damages from any fuel oil supplier who attempts in good
     faith and acts reasonably to carry out the intendment of
     this section except damages arising out of gross negligence.

8.   The remedy provided in this section shall not be exclusive
     and a court may provide such other relief as may be just and
     proper in the circumstances. Nothing in this section shall
     be construed to limit or deny any existing constitutional,
     statutory, administrative or common law right of a tenant to
     contract and pay for the delivery of fuel oil for the
     multiple dwelling in which he resides or to pay for the cost
     of any other goods and services for such multiple dwelling.
     This section shall not be construed to preclude any defense,
     counterclaim or cause of action asserted by a tenant that
     may otherwise exist with respect to an owner's failure to
     provide heat or any other service.

9.   Any agreement by a tenant of a dwelling waiving or modifying
     his rights as set forth in this section shall be void as
     contrary to public policy.

10.  The provisions of this section shall be liberally construed
     so as to give effect to the purposes set forth herein.

*11. Nothing contained in this section and no payment made
     pursuant to this section shall be deemed to discharge the
     liability of a renter with an interest in real property
     pursuant to subdivision two of section three hundred four of
     the real property tax law from taxes levied on such
     interest.

     * NB (Effective pending ruling by Commissioner of Internal
     Revenue)


Sec. 303. Enforcement.

1.   Except as herein otherwise provided, the provisions of this
     chapter shall be enforced by the department charged with the
     enforcement of laws, ordinances and regulations in relation
     to multiple dwellings.

1-a. For the purpose of enforcing the provisions of this chapter,
     the department shall have the power to subpoena witnesses,
     administer oaths and take testimony, compel the production
     of books, papers, records and documents and to hold public
     or private hearings, subject to the right of any person who
     shall appear hereunder to be represented by counsel of his
     own choosing, at any such hearing. The department may
     designate one or more of its members, officers or employees
     to exercise any one or more of such powers.

2.   Nothing in this chapter shall be construed to abrogate or
     impair the powers of any department or of the courts to
     enforce the provisions of any local law, ordinance, rule,
     regulation or charter not inconsistent with this chapter, or
     to prevent violations or punish violators thereof.


Sec. 304. Penalties for violations.

1.   Except as otherwise in this section specifically provided,
     every person who shall violate or assist in the violation of
     any provision of this chapter shall be guilty of a
     misdemeanor punishable, for a first offense, by a fine of
     not exceeding five hundred dollars or by imprisonment for a
     period of not exceeding thirty days, or by both such fine
     and imprisonment; for the second and any subsequent offense
     arising from the failure to remove the violation upon which
     the first offense was based, by a fine of not exceeding one
     thousand dollars or by imprisonment for a period of not
     exceeding six months, or by both such fine and imprisonment.

1-a. Every person who shall violate or assist in the violation of
     any provision of sections twenty-nine, thirty-seven, sixty-
     two, eighty eighty-one, eighty-three or three hundred twenty-
     five of this chapter shall be guilty of an offense. The
     maximum fine for a first violation of any provision of such
     sections hereinbefore in this subdivision set forth, with
     respect to a particular dwelling, shall be fifty dollars;
     the maximum fine for the second offense arising from the
     failure to remove the violation upon which the first offense
     was based shall be two hundred fifty dollars; the maximum
     fine for the third or any subsequent offense arising from
     the failure to remove the violation upon which the first and
     second offenses were based shall be five hundred dollars.
     Such a violation under this subdivision shall not be a crime
     and the penalty or punishment imposed therefor shall not be
     deemed for any purpose a penal or criminal penalty or
     punishment, and shall not impose any disability upon or
     affect or impair the credibility as a witness, or otherwise,
     of any person convicted thereof.

2.   Any person who, having been served with a notice or order to
     remove any nuisance or violation, shall fail to comply
     therewith within five days after such service, or shall
     continue to violate any provision or requirement of this
     chapter in the respect named in such notice or order, shall
     also be subject to a civil penalty of two hundred fifty
     dollars. Such persons shall also be liable for all costs,
     expenses and disbursements incurred by any such department
     or its agent or contractor in the removal of any such
     nuisance or violation.

3.   In case the notice required by section three hundred twenty-
     five is not filed, or the owner of a dwelling does not
     reside within the state or cannot after diligent effort be
     served with process therein, the existence of a nuisance or
     of any other violation of this chapter or of an order or a
     notice made by the department, shall subject the dwelling
     and lot to a penalty of two hundred fifty dollars.

4.   An action may be brought in any court of competent civil
     jurisdiction for the recovery of any such penalties, costs
     and disbursements.

5.   All penalties collected shall be paid into the treasury of
     the city, but no provision of this chapter shall prohibit
     the city from creating and maintaining out of such penalties
     a separate fund not in excess of twenty-five thousand
     dollars, out of which payment may be made for repairs made
     by any department charged with the enforcement of this
     chapter or its agents or contractors, as provided in section
     three hundred nine.

6.   No civil or criminal liability or penalty shall attach to
     any person who has acquired or shall acquire any tenement or
     converted dwelling by foreclosure of a mortgage or deed in
     lieu of foreclosure of a mortgage, because of his failure
     for a period of six months after the delivery of the
     referee's deed in foreclosure or the delivery of such deed
     in lieu of foreclosure, to comply with the provisions of
     this chapter in reference to such tenement or converted
     dwelling, provided he remains the owner thereof. Upon the
     transfer of title by such person prior to the termination of
     the said six months, and in any event upon the termination
     of such period, such penalties shall apply as provided in
     this section.

6-a. No civil or criminal liability or penalty shall attach to
     any person who has, by an order of a court, been appointed
     as a receiver in a foreclosure action to collect rents,
     because of his failure for a period of six (6) months after
     he qualifies as such receiver, to comply with any of the
     provisions of this chapter.

     Upon the receiver's discharge by the court prior to the
     termination of such period, and in any event upon the
     termination of such period, the penalties provided in this
     section shall thereafter apply.

6-b. No civil or criminal liability or penalty shall attach to
     any person who shall by operation of law become an owner of
     a multiple dwelling then or thereafter certified and
     declared a public nuisance to any extent pursuant to
     paragraph b of subdivision one of section three hundred nine
     of this chapter, or the holder or beneficial owner of stock
     in such owner, if a corporation, because of his failure to
     comply with any of the provisions of this chapter for a
     period of six months after he acquires ownership of said
     multiple dwelling or the stock or beneficial interest in the
     stock of a corporation which is the owner.

7.   None of the civil or criminal penalties provided in this
     section shall apply to any person because of his failure to
     comply with the provisions of section two hundred thirty-
     three, subdivision four of section two hundred thirty-eight,
     subdivision three of section two hundred forty or
     subdivisions two and three of section two hundred fifty in
     reference to any old-law tenement, if he agrees in writing
     with the department to comply with such provisions or to
     vacate or demolish such tenement, within a period not
     exceeding six months fixed by the department. Such agreement
     shall be in form satisfactory to the department, and shall
     contain provisions to secure the performance thereof and
     such other terms as may be mutually agreed upon. The
     transfer of title or control by such person, or the
     termination of such period by limitation, shall subject the
     person then directly or indirectly in control of such
     tenement to the penalties prescribed by this section, if
     violations of such provisions then exist.

8.   Whenever a multiple dwelling shall have been declared a
     public nuisance to any extent pursuant to paragraph b of
     subdivision one of section three hundred nine of this
     chapter and such declaration shall have been filed as
     therein provided, all officers, directors and persons having
     an interest, as holder or beneficial owner thereof, in more
     than ten per cent of the issued and outstanding stock of any
     corporation, other than a banking organization as defined in
     section two of the banking law, a national banking
     association, a federal savings and loan association, The
     Mortgage Facilities Corporation, Savings Banks Life
     Insurance Fund, The Savings Banks Retirement System, an
     authorized insurer as defined in section one hundred seven
     of the insurance law, or a trust company or other
     corporation organized under the laws of this state all the
     capital stock of which is owned by at least twenty savings
     banks or a subsidiary corporation all of the capital stock
     of which is owned by such trust company or other
     corporation, then in operation and control of such multiple
     dwelling, shall, in addition to all other liabilities and
     penalties provided in this chapter and elsewhere, be jointly
     and severally liable for all injury to person or property
     thereafter sustained by any tenant of such multiple dwelling
     or any other person by reason of the condition constituting
     such public nuisance and for all costs and disbursements
     including attorneys' fees of any suit brought by such tenant
     or other person.

9.   No civil or criminal liability or penalty shall attach to
     any person by reason of his ownership or beneficial
     ownership of stock in a corporation owning a multiple
     dwelling declared to be a public nuisance pursuant to
     paragraph b of subdivision one of section three hundred nine
     of this chapter because of his failure to comply with any of
     the provisions of this chapter, whose interest in such
     corporation is less than twenty-five per cent of the issued
     and outstanding stock thereof, as owner or beneficial owner
     thereof, and who has sustained the burden of proving that he
     has not participated directly or indirectly in the
     management, operation or control of such multiple dwelling.

10.  No criminal liability or penalty shall attach to any person
     by reason of his ownership or beneficial ownership of stock
     in a corporation owning a multiple dwelling declared to be a
     public nuisance pursuant to paragraph b of subdivision one
     of section three hundred nine of this chapter because of his
     failure to comply with any of the provisions of this chapter
     unless and until he has had a reasonable period of time to
     comply following his having become an owner as defined in
     this chapter.

11.  The term "person" as used in this section shall include the
     owner, mortgagee or vendee in possession, assignee of rents,
     receiver, executor, trustee, lessee, agent or any other
     person, firm or corporation directly or indirectly in
     control of a dwelling or part thereof. Whenever a multiple
     dwelling shall have been declared a public nuisance to any
     extent pursuant to paragraph b of subdivision one of section
     three hundred nine of this chapter and such declaration
     shall have been filed as therein provided, the term "person"
     shall be deemed to include, in addition to those mentioned
     hereinabove, all the officers, directors and persons having
     an interest in more than ten percent of the issued and
     outstanding stock of the owner as herein defined, as holder
     or beneficial owner thereof, if such person be a corporation
     other than a banking organization as defined in section two
     of the banking law, a national banking association, a
     federal savings and loan association, The Mortgage
     Facilities Corporation, Savings Banks Life Insurance Fund,
     The Savings Banks Retirement System, an authorized insurer
     as defined in section one hundred seven of the insurance
     law, or a trust company or other corporation organized under
     the laws of this state all the capital stock of which is
     owned by at least twenty savings banks or a subsidiary
     corporation all of the capital stock of which is owned by
     such trust company or other corporation.


Sec. 305. Violation of local laws and regulations.

Any owner, architect, builder, contractor, sub-contractor,
construction superintendent or their agents who shall, in the
construction or alteration of any building or structure intended
to be occupied as a multiple dwelling, knowingly violate any of
the provisions of local laws, ordinances, rules or regulations
shall be guilty of a misdemeanor.


Sec. 306. Judicial procedure and orders.

1.   In case any multiple dwelling or structure or any part
     thereof or the lot on which it is situated is constructed,
     altered, converted or maintained in violation of any
     provision of this chapter or of any order or notice of the
     department, or in case a nuisance exists in any such
     dwelling or structure or part thereof or upon the lot on
     which it is situated, the department may institute any
     appropriate action or proceeding to prevent such unlawful
     construction, alteration, conversion or maintenance, to
     restrain, correct or abate such violation or nuisance, to
     prevent the occupation of said dwelling or structure or any
     part thereof, or to prevent any illegal act, conduct or
     business in or about such dwelling, structure or lot.

2.   In any such action or proceeding the department may, by
     affidavit setting forth the facts, apply to the supreme
     court, or to any justice thereof, or, if the premises in
     respect to which the action is brought are situated in the
     city of New York, to the New York city civil court, for:

     a.   An order granting the relief for which said action or
          proceeding is brought, or enjoining all persons from
          doing or permitting to be done any work in or about
          such dwelling, structure or lot or any part thereof, or
          from occupying or using the same for any purpose, until
          the entry of final judgment or order.

     b.   An order authorizing the department to execute and
          carry out the provisions of any notice or order which
          is issued by the department and not complied with, to
          remove any violation specified in such notice or order,
          or to abate any nuisance in or about such dwelling,
          structure or lot.

3.   In an action to establish a lien under this chapter, the
     service and procedure, except as otherwise provided in
     section three hundred nine, shall be as set forth in
     sections three hundred twenty-six and three hundred fifty-
     six to three hundred sixty, both inclusive.

4.   The judgment in any such action may provide for the sale at
     public auction of the property affected, and for such other
     remedies to secure the enforcement thereof as the court may
     deem proper.

5.   The court or any justice thereof is authorized to make any
     order specified in this section.

6.   In no case shall the city, or the department or any officer
     or employee thereof, be liable for costs in any action or
     proceeding that may be commenced pursuant to this chapter.


Sec. 307. Liens.

Every fine imposed by judgment under section three hundred four
upon an owner shall be a lien upon the premises in relation to
which the fine is imposed from the time of the filing of a
certified copy of said judgment in the office of the clerk of the
county in which such premises are situated, subject only to
taxes, assessments and water rates and to such mortgage and
mechanics' liens as may exist thereon prior to such filing; and
it shall be the duty of the department upon the entry of said
judgment to file such certified copy forthwith, and such copy
shall be forthwith indexed by such clerk in the index of
mechanics' liens.


Sec. 308. Notice of pendency of action.

1.   In any action or proceeding instituted by the department the
     plaintiff or petitioner may file in the county clerk's
     office of the county where the premises affected by such
     action or proceeding are situated, a notice of the pendency
     of such action or proceeding. Such notice may be filed at
     any time after the service of any notice or order issued by
     the department, at the time of the commencement of the
     action or proceeding, or at any time afterwards, before
     final judgment or order.

2.   Each county clerk with whom such a notice is filed shall
     record and index it to the name of each person specified in
     a direction subscribed by the corporation counsel or other
     legal officer of the city.

3.   Any such notice may be vacated upon the order of a judge or
     justice of the court in which such action or proceeding was
     instituted or is pending, or upon the consent in writing of
     the corporation counsel or other legal officer of the city.
     The clerk of the county where such notice is filed shall
     mark such notice and any record or docket thereof as
     canceled of record upon the presentation and filing of such
     consent or of a certified copy of such order.


Sec. 309. Repairs, vacation and demolition of buildings.

1.   a.   The term "nuisance" shall be held to embrace
          public nuisance as known at common law or in equity
          jurisprudence. Whatever is dangerous to human life or
          detrimental to health, and whatever dwelling is
          overcrowded with occupants or is not provided with
          adequate ingress and egress or is not sufficiently
          supported, ventilated, sewered, drained, cleaned, or
          lighted in reference to its intended or actual use, and
          whatever renders the air or human food or drink
          unwholesome, are also severally, in contemplation of
          this law, nuisances. All such nuisances are unlawful.

     b.   Whenever the department shall certify that any multiple
          dwelling, or any part of its premises, or the plumbing,
          sewerage, drainage, lighting or ventilation thereof, is
          in a condition or in effect dangerous to life or
          health, the department may, after giving notice to the
          owner and an opportunity to be heard at a hearing held
          for such purpose declare the same, to the extent it may
          specify, a public nuisance. Such declaration shall be
          filed as provided by section three hundred twenty-eight
          of this chapter, if applicable, or as a public record
          in the department. The officers of a corporation upon
          which notice of such hearing has been served other than
          a banking organization as defined in section two of the
          banking law, a national banking association, a federal
          savings and loan association, The Mortgage Facilities
          Corporation, Savings Banks Life Insurance Fund, The
          Savings Banks Retirement System, an authorized insurer
          as defined in section one hundred seven of the
          insurance law, or a trust company or other corporation
          organized under the laws of this state all the capital
          stock of which is owned by at least twenty savings
          banks or a subsidiary corporation all of the capital
          stock of which is owned by such trust company or other
          corporation, shall serve similar notice on all
          stockholders of record of the corporation and other
          persons known to be stockholders or beneficial owners
          of the stock of the corporation. A stockholder upon
          whom such notice has been served shall serve similar
          notice upon any persons holding a beneficial interest
          in his stock.

     c.   The department may order or cause such nuisance to be
          removed, abated, suspended, purified, altered, repaired
          or otherwise improved as the order shall specify.

     d.   The department may order or cause any multiple dwelling
          or any part of its premises, or any excavation,
          structure, sewer, plumbing, pipe, passage, matter or
          thing in or about such premises to be purified,
          cleansed, disinfected, removed, altered, repaired or
          improved.

     e.   Whenever the department shall certify that a nuisance
          exists in a multiple dwelling, or any part of its
          premises, which constitutes a serious fire hazard or is
          a serious threat to life, health or safety, the
          department may issue a written order to the owner
          directing the removal or remedying of such nuisance in
          the manner and within the time specified in such order
          which shall be not less than twenty-one days after the
          service thereof on the owner in the manner specified in
          subdivision one of section three hundred twenty-six of
          this chapter except that if the department shall
          determine that the condition is such that a delay of
          twenty-one days in remedying or removing the same may
          cause irreparable harm to the building or constitutes
          an imminent danger to its occupants, or the occupants
          of adjoining property or the general public, then the
          time specified for such remedy or removal may be less
          than twenty-one days.

     f.   If any order of the department is not complied with or
          not so far complied with as the department may regard
          as reasonable, within the time therein designated, then
          such order may be executed by the department, its
          agents or contractors, or, as an alternative, if the
          multiple dwelling involved shall have been declared to
          be a public nuisance pursuant to paragraph b of
          subdivision one of section three hundred nine of this
          chapter and such declaration shall have been filed as
          therein provided, the department or a receiver
          appointed pursuant to subdivision five of this section
          or any tenant of such multiple dwelling may institute
          and maintain an action in the supreme court in the
          county where the multiple dwelling is located, or in
          the housing part of the New York city civil court, if
          the multiple dwelling is located in the city of New
          York, against any owner or owners to whom the order was
          issued pursuant to paragraph e of subdivision one of
          this section for an order compelling such owner of
          owners to comply with the department's order and, if
          such action be brought by such receiver or tenant, for
          payment of the costs and disbursements of the action
          including legal fees. Except as owners may have
          otherwise agreed, any owner who removes or remedies the
          nuisance in compliance with an order of the department
          or court shall de entitled to recover a proportionate
          share of the total expense of such compliance from all
          other owners to whom the department's order was issued
          or to whom such owner sent a copy of the department's
          order within thirty days of receipt of same by
          registered mail.

     g.   The department may in its discretion let out contracts
          for the repairs to be done pursuant to this section in
          accordance with the provisions of local laws,
          ordinances, rules and regulations of the city
          applicable to the letting of contracts for public
          works.

2.  a.   An "untenanted hazard" is a multiple dwelling or
         any part thereof, or any structure on the same premises
         with a multiple dwelling, which has been untenanted for
         a period of sixty days or more and either is not
         guarded continuously by a resident caretaker or has any
         exterior openings which are not sealed in a manner
         approved by the department and is a fire hazard or in a
         condition dangerous or detrimental to human life,
         health or morals.

     b.   Whenever an officer of the department shall certify
          that any multiple dwelling or part thereof is an
          untenanted hazard, the department shall so notify the
          owner by attaching a notice in a conspicuous place on
          the premises to such effect, and sending by registered
          mail a copy of such notice to such owner, at the
          address or addresses registered with the department,
          or, if no address is registered with the department and
          such owner cannot with due diligence be served
          personally, by sending a copy of such notice by
          registered mail to the last known address of such
          owner. The department shall also send a copy of such
          notice by registered mail to every owner of record of a
          mortgage upon such premises, at the address of such
          owner appearing in the record of such mortgage in the
          office in which mortgages are registered in the county
          in which such premises are located or, if no address
          appear therein, by sending such notice by registered
          mail to the person at whose request such instrument was
          recorded.

     c.   Such notice shall contain a description of the
          dwelling, and a statement of the particulars in which
          the dwelling is deemed to be an untenanted hazard, and
          the order that the dwelling or part thereof be
          demolished. Such notice and order shall require the
          person thus served to certify within ten days
          thereafter to the department his assent or refusal to
          demolish the same.

     d.   If such demolition is not commenced within twenty-one
          days after the mailing and posting of such notice and
          order, such department shall then serve all such
          aforementioned persons further notice to the effect
          that on a certain day it will apply to the special term
          of the supreme court for the hearing of motions for the
          county in which such premises are located, or to the
          housing part of the New York city civil court, if the
          premises are located in the city of New York, for an
          order declaring such untenanted hazard to exist and
          directing the demolition of such premises or part
          thereof.

     e.   Such court shall, if it finds the statements in the
          notice to be true, direct that, if within five days
          after the order is entered it is not complied with, the
          department may proceed with the execution of such order
          through contractors in accordance with the provisions
          of local laws, ordinances, rules and regulations of the
          city applicable to the letting of contracts for public
          works, or through its own officers, agents or
          employees.

     f.   The expenses and disbursements incurred by the
          department in carrying out such orders shall be met
          from any appropriation for such purpose or, to the
          extent that no such appropriation has been made or that
          any such appropriation is insufficient, from the
          proceeds of the sale of obligations pursuant to the
          local finance law.

3.   Whenever the department has incurred any expense for which
     payment is due under the provisions of this section, the
     department may institute and maintain a suit against the
     owner of the dwelling in respect to which such expense shall
     have been incurred and may recover the amount of such
     expense as in this section provided. In any case where
     expenditures made or obligations incurred by a receiver
     appointed pursuant to subdivision five of this section in
     remedying a nuisance are not paid or reimbursed from the
     rents and income of the dwelling or where the receivership
     expenses, fees and commissions are not paid or reimbursed
     from the rents and income of the dwelling, the receiver may
     institute and maintain a suit against the owner of the
     dwelling to recover such deficiency.

4.   a.   The department or a receiver appointed pursuant to
          subdivision five of this section shall have a lien, for
          the expenses necessarily incurred in the execution of
          an order, upon the premises upon or in respect of which
          the work required by said order has been done or
          expenses incurred, which lien shall have priority over
          all other mortgages, liens and encumbrances of record,
          except taxes and assessments levied pursuant to law. In
          the event that a receiver having a lien, in favor of
          the department of real estate, is discharged and such
          lien is in effect at the time of such discharge, such
          lien shall continue to vest in the department of real
          estate.

     b.   No such lien shall be valid for any purpose until the
          department or receiver, as the case may be, shall file
          where notices of mechanics' liens are required to be
          filed, a notice containing the same particulars as
          required to be stated with reference to mechanics'
          liens, with the further statement that the expense has
          been incurred in pursuance of the order of the
          department, and giving the date of the order, or in
          performance by the receiver of the work required to
          remedy a condition pursuant to an order of the court
          establishing the receivership and giving the date of
          the order, or that a deficiency has accrued with
          respect to the receivership established pursuant to an
          order of the court and giving the date of the order, as
          the case may be. Such notice shall be filed at any time
          during the progress of the work required by such order
          or undertaken by the receiver, or within four months
          after the completion of the contract, or the final
          performance of the work or the final furnishing of the
          materials, dating from the last item of work performed
          or materials furnished or, in the case of a deficiency,
          at any time before the discharge of the receiver.

     c.   The officer with whom such notice is filed shall make
          the same entry on the book or index in which mechanics'
          liens are entered as he is required to enter in cases
          of mechanics' liens, together with a reference to such
          order by date; and thereafter such lien shall, except
          as herein otherwise provided, have the same effect in
          all respects as to all persons as a mechanics' lien;
          and all proceedings with reference to such lien, its
          enforcement and discharge, shall be carried on in the
          same manner as similar proceedings with reference to
          other mechanics' liens.

     d.   Unless, within six months after actual notice of such
          filing, proceedings are taken by the party against whom
          or whose premises a lien is claimed, to discharge such
          lien, the filing shall, as to all persons having such
          actual notice, become conclusive evidence that the
          amount claimed in the notice of lien, with interest, is
          due, and is a just lien upon the premises.

     e.   Such lien shall continue to be a lien for a period of
          one year from the time of its filing unless proceedings
          are in the meantime taken to enforce or discharge it,
          which may be done at any time during its continuance.
          In case proceedings are so taken, the lien shall remain
          in effect until the final termination of such
          proceedings; and if such proceedings shall result in a
          judgment for the amount claimed or any portion thereof,
          such judgment shall, to such extent, be a lien in the
          same manner and from the same time as the original
          lien.

5.   a.   If the department shall desire that a receiver be
          appointed as hereinafter provided to remove or remedy a
          nuisance described in paragraph e of subdivision one of
          this section and that such receiver shall obtain a lien
          for cost incurred in connection therewith in favor of
          the department of real estate, which shall have the
          priority with respect to existing mortgages or liens
          provided in paragraph e of this subdivision, it shall
          within five days after the service of the order upon
          the owner serve a copy of such order upon every
          mortgagee and lienor of record personally or by
          registered mail, return receipt requested, at the
          address set forth in the recorded mortgage or lien.
          Appended to the copy of such order shall be a notice
          addressed to such mortgagee and lienor stating that in
          the event the nuisance is not removed or remedied in
          the manner and within the time specified in the order,
          the department may apply to the supreme court, or to
          the housing part of the New York city civil court, if
          the premises are located in the city of New York, for
          an order to show cause why a receiver of the rents,
          issues and profits of the property shall not be
          appointed with rights therein superior to those of such
          owner, mortgagee or lienor.

     b.   The department shall file a copy of such notice and
          order in the office of the county clerk in which
          mechanics liens affecting the property would be filed.

     c.    1.   The department may thereafter apply to the
                supreme court in the county where the property
                is situated, or to the housing part of the civil
                court of the city of New York, if the property
                is situated in the city of New York, by verified
                petition for an order directing the owner and
                any mortgagees or lienors of record to show
                cause why the commissioner or chief executive of
                the bureau or department of real estate of the
                municipality should not be appointed receiver of
                the rents, issues and profits of the property
                and why said receiver should not remove or
                remedy such condition and obtain a lien in favor
                of the department of real estate against the
                property having the priority provided in
                paragraph e of this subdivision to secure
                repayment of the costs incurred by the receiver
                in removing or remedying such condition. Such
                application shall contain (a) proof by affidavit
                that an order of the department has been issued
                and served on the owner, mortgagees and lienors
                in accordance with and within the periods
                specified in paragraph e of subdivision one of
                this section and paragraph a of this subdivision
                and filed in accordance with the provisions of
                paragraph b of this subdivision; (b) a statement
                that a nuisance which constitutes a serious fire
                hazard or is a serious threat to life, health,
                or safety continued to exist in said property
                after the time fixed for the removal thereof in
                the department order and a description of the
                property and conditions constituting such
                nuisance; (c) a brief description of the nature
                of the work required to remove or remedy the
                condition and an estimate as to the cost
                thereof. Such order to show cause shall be
                returnable not less than five days after service
                is completed and shall provide for personal
                service of a copy thereof and the papers on
                which it is based on the owners and mortgagees
                of record and lienors. If any such owner,
                mortgagee or lienor cannot with due diligence be
                served personally within the city where the
                property is located and within the time fixed in
                such order, then service may be made on such
                persons by posting a copy thereof in a
                conspicuous place on the premises where the
                nuisance exists, and by sending a copy thereof
                by registered mail, return receipt requested, to
                the owner at the last address registered by him
                with the department, or in the absence of such
                registration, to the address set forth in the
                last recorded deed with respect to said
                premises, or, in the case of a mortgagee or
                lienor, to the address set forth in the recorded
                mortgage or lien and by publication in a
                newspaper of general circulation in the county
                where such premises are located, which
                newspaper, if there is an official law paper for
                such county, shall be such official law paper.
                Service shall be deemed complete on filing proof
                of service thereof in the office of the clerk of
                the court in which such application is made.

          2.    If the condition constituting the nuisance is
                such that unless immediately cured irreparable
                damage may be caused to the building or it
                constitutes an imminent danger to its occupants,
                or the occupants of adjoining properties then
                the order to show cause may be returnable in the
                discretion of the court in less than five days,
                and in such case, service may be made on the
                owner, mortgagee and lienor by posting a copy
                thereof in a conspicuous place on the premises
                where the nuisance exists and by mailing a copy
                in the case of the owner to the address filed
                with the department and in the case of the
                mortgagee and lienor to the address recorded. If
                a receiver be appointed as hereinafter provided,
                and service shall not have been made in
                accordance with subparagraph one, then his
                appointment shall be temporary only and expire
                not more than thirty days thereafter unless,
                prior to the expiration of such thirty days, the
                department shall serve notice on the owner,
                mortgagees and lienors in the manner provided
                for in subparagraph one hereof of intention to
                apply to the court at a date fixed in such
                notice and not less than five days after the
                service of such notice, for an extension of said
                receivership. In such event the period of the
                appointment of the temporary receiver shall be
                deemed to be extended for a further period of
                fifteen days. In addition to the requirements
                set forth in subparagraph one, such notice shall
                also contain a statement of any expenditures
                made or obligations incurred by the receiver
                during the period of his temporary appointment.
                On the date fixed in such notice, the court
                shall determine whether or not to extend the
                period of receivership and such determination
                shall be made as if the application were an
                original one for the appointment of a receiver,
                pursuant to subparagraph one.

          3.    On the return of said order to show cause,
                determination shall have precedence over every
                other business of the court unless the court
                shall find that some other pending proceeding,
                having a similar statutory precedence, shall
                have priority. If the court shall find that the
                facts stated in such application warrant the
                granting thereof, then the commissioner or chief
                executive of the bureau or department of real
                estate of the municipality shall be appointed
                receiver of the rents, issues and profits of the
                property. However after determination of the
                issue if the owner or any mortgagee or lienor or
                other person having an interest in the property
                shall apply to the court to be permitted to
                remove or remedy the conditions constituting the
                nuisance and shall (1) demonstrate the ability
                promptly to undertake the work required; and (2)
                post security for the performance thereof within
                the time, and in the amount and manner, deemed
                necessary by the court, then the court may in
                lieu of appointing such receiver issue an order
                permitting such person to perform the work
                within a time fixed by the court. If at the time
                fixed in the order the conditions constituting
                the nuisance have not been satisfactorily
                remedied or removed, then the court shall
                appoint such receiver. If after the granting of
                an order permitting a person to perform the work
                but before the time fixed by the court for the
                completion thereof it shall appear to the
                department that the person permitted to do the
                same is not proceeding with due diligence, then
                the department may apply to the court on notice
                to those persons who have appeared in the
                proceeding for a hearing to determine whether
                such receiver shall be appointed immediately. On
                the failure of any such owner, mortgagee, lienor
                or other person having an interest in the
                property to complete the work in accordance with
                the provisions of said order, the department, or
                any such receiver thereafter appointed shall be
                reimbursed for costs incurred by him in removing
                or remedying the condition and other charges
                herein provided for out of such security.

     d.    1.   Any receiver appointed pursuant to this
                subdivision shall have all of the powers and
                duties of a receiver appointed in an action to
                foreclose a mortgage on real property, together
                with such additional powers and duties as herein
                granted and imposed. The receiver shall with all
                reasonable speed remedy the nuisance and remove
                all the delinquent matters and deficiencies in
                the dwelling including those constituting a fire
                hazard or a threat to life, health or safety and
                may, in addition to ordinary repairs,
                maintenance and replacement, make other
                improvements to effect a rehabilitation of the
                property, in such fashion as is consistent with
                maintaining safe and habitable conditions over
                the remaining useful life of the dwelling. He
                shall have the power to let contracts therefor
                or incur expenses in accordance with the
                provisions of local laws, ordinances, rules and
                regulations applicable to contracts for public
                works except that advertisement shall not be
                required for each such contract. Notwithstanding
                any such laws, ordinances, rules or regulations,
                the receiver may let contracts or incur expenses
                for individual items of repairs, improvements or
                supplies without the procurement of competitive
                bids where the total amount of any such
                individual item does not exceed twenty-five
                hundred dollars. The receiver shall not be
                required to file any bond. He shall collect the
                accrued and accruing rents, issues and profits
                of the dwelling and apply the same to the cost
                of removing or remedying such nuisance, to the
                making of such other improvements as
                aforestated, to the payment of expenses
                reasonably necessary to the proper operation and
                management of the property, including insurance
                and the fees of the managing agent, and the
                necessary expenses of his office as receiver,
                the repayment of all monies advanced to the
                receiver by the department of real estate to
                cover the costs incurred by the receiver and
                interest thereon; and then, if there be a
                surplus, to unpaid taxes, assessments, water
                rents, sewer rents and penalties and interest
                thereon, and then to sums due to mortgagees or
                lienors. If the income of the property shall be
                insufficient to cover the cost of remedying or
                removing such nuisance, or to making of such
                other improvements as aforestated, or of the
                expenses reasonably necessary to the proper
                operation and management of the property and
                other necessary expenses of the receiver, the
                department of real estate shall advance to the
                receiver any sums required to cover such cost
                and expenses and thereupon shall have a lien
                against the property having the priority
                provided in paragraph e for any such sums so
                advanced with interest thereon.

          2.    Nothing herein contained shall be deemed to
                relieve the owner of any civil or criminal
                liability incurred or any duty imposed by this
                chapter by reason of acts or omissions of the
                owner prior to the appointment of any receiver
                hereunder, nor shall anything contained herein
                be construed to suspend during the receivership
                any obligation of the owner for the payment of
                taxes or other operating and maintenance
                expenses of the dwelling nor of the owner or any
                other person for the payment of mortgages or
                liens.

          3.    The receiver shall be entitled to the same fees,
                commissions and necessary expenses as receivers
                in actions to foreclose mortgages. Such fees and
                commissions shall be paid into the fund created
                pursuant to subdivision nine of this section.
                The receiver shall be liable only in his
                official capacity for injury to person and
                property by reason of conditions of the premises
                in a case where an owner would have been liable;
                he shall not have any liability in his personal
                capacity. The personnel and facilities of the
                bureau or department of real estate and the
                corporation counsel shall be availed of by the
                receiver for the purpose of carrying out his
                duties as such receiver and the cost of such
                services shall be deemed a necessary expense of
                the receiver.

          4.    The receiver shall be discharged upon rendering
                a full and complete accounting to the court when
                such condition has been removed and the cost
                thereof and all other costs authorized by this
                paragraph have been paid or reimbursed from the
                rents and income of the dwelling and the surplus
                money, if any, has been paid over to the owner
                or the mortgagee or lienor as the court may
                direct. However, at any time, the receiver may
                be discharged upon filing his account as
                receiver without affecting the right of the
                department of real estate to its lien. Upon the
                removal of such condition, the owner, the
                mortgagee or any lienor may apply for the
                discharge of the receiver upon payment to the
                receiver of all moneys expended by the receiver
                for removal of such condition and all other
                costs authorized by this paragraph which have
                not been paid or reimbursed from the rents and
                income of the dwelling.

          5.    Anything herein contained to the contrary
                notwithstanding, a temporary receiver appointed
                on the return of an order to show cause served
                only in accordance with subparagraph two of
                paragraph c of this subdivision shall not,
                without express order of the court, make any
                repairs or improvements to the property or incur
                any expenses in the operation thereof during the
                period of his temporary appointment except such
                as may be necessary to remedy or remove the
                immediate condition which called for his
                appointment and to the ordinary operation and
                maintenance of the property. For such specific
                purpose the receiver shall be entitled to let
                such contracts and undertake such expenses as
                may be necessary to accomplish the specific
                results without advertisements and without
                procuring competitive bids.

     e.   Any lien of a receiver, in favor of the department of
          real estate, arising under this section shall have
          priority over all other mortgages, liens and
          encumbrances of record except taxes and assessments
          levied pursuant to law.

     f.   Failure to serve a copy of the order and notice
          required in the manner specified by paragraph e of
          subdivision one and paragraph a of this subdivision, or
          failure to serve any mortgagee or lienor with a copy of
          the order to show cause as required by subparagraph one
          of paragraph c of this subdivision shall not affect the
          validity of the proceeding or the appointment of a
          receiver, but the rights of the department of real
          estate or of the receiver shall not in such event be
          superior in any way to the rights of any mortgagee or
          lienor who shall not have been served as provided
          herein.

     g.   Any mortgagee or lienor who at his expense remedies or
          removes the nuisance to the satisfaction of the court
          pursuant to the provisions of subparagraph three of
          paragraph c of this subdivision shall have and be
          entitled to enforce a lien equivalent to the lien
          granted to the receiver in favor of the department of
          real estate hereunder. Any mortgagee or lienor who,
          following the appointment of a receiver by the court,
          shall reimburse the receiver and the department of real
          estate for all costs and charges as hereinabove
          provided shall be entitled to an assignment of the lien
          granted to the receiver in favor of the department of
          real estate.

6.   When the department shall have executed any order so far as
     it may require, the department shall file among its records
     such order and an affidavit stating with fairness and
     accuracy in general terms the items of expense and the date
     of execution of such order. When it shall appear that such
     execution, or the expenses thereof, related to several
     premises belonging to different persons, such affidavit
     shall state what part belongs to or arose in respect to each
     of the premises as the department may direct. The department
     may revise the correctness of such apportionment of expenses
     as truth and justice may require.

7.   a.   Whenever the department shall sue for the expenses
          involved in the execution of any order, it may join in
          the same suit any claim for any penalty for the
          violation of any provisions of this chapter. Joint or
          several judgments may be had against one or more of the
          defendants in the suit, as they or any of them may be
          liable in respect of all or any of such claims. The
          expenses of executing such an order, and any judgment
          in any abatement suit provided for in this chapter, and
          the several judgments that may be recovered for any
          such penalties and expenses, until the same are paid or
          discharged shall be a lien like other judgments, and
          also a lien and charge upon rent and compensation due
          or then maturing from any tenant or occupant of the
          dwelling and premises or parts thereof to which any
          such order or judgment relates, or in respect of which
          any such expenses were incurred.

     b.   The department may serve a copy of an order or a
          transcript of a judgment and any affidavit showing the
          expense of execution upon any person who owes or is
          about to owe any rent or compensation for the occupancy
          of any premises to which such order or judgment
          relates, and in respect of which such expenses were
          incurred. The department may, at any time after such
          service, demand in writing that such rent or
          compensation to the extent of such claim shall, when
          such rent or compensation becomes due and payable, be
          paid to the department and such person shall thereupon
          become obligated to pay the same. A receipt shall be
          given for each such payment stating on account of what
          order or judgment and expenses it has been received.
          The amount so received shall be deposited wherever
          other funds of the department are kept. If a special
          fund has been created and maintained, as provided in
          section three hundred four, such payments shall be
          deposited to the credit of such fund.

     c.   Any person refusing or omitting to make such a payment
          after such service and demand may be sued therefor by
          the department. Such person shall not in such suit
          dispute the authority of the department to incur or
          order such expenses or the validity or correctness of
          such expenses or judgment in any particular, or the
          right of the department to have the same paid from such
          rent or compensation. The receipt of the department for
          any sum so paid shall, in all suits and proceedings and
          for every purpose, be as effectual in favor of any
          person holding the same as actual payment of the amount
          thereof to the owner or other person or persons who
          would, but for the provisions of this section and of
          such demand, have been entitled to receive the sum so
          paid. No tenant or occupant of any premises shall be
          dispossessed or disturbed, nor shall any lease or
          contract or rights be forfeited or impaired, nor any
          forfeiture or liability be incurred, by reason of any
          omission to pay to any owner, contractor or other
          person any sum so paid to the department.

8.   The department shall retain any money so paid until twelve
     days after it has received evidence by satisfactory
     affidavit that the party or parties, or his or their agent,
     who but for the provisions hereof would have been entitled
     to receive the same, has had written notice of such payment
     being made, which notice shall be served in the manner
     provided by this chapter for the service of an order. If at
     the end of such twelve days the party or parties so notified
     have not instituted suit to recover such money the
     department shall pay it to the fiscal officer of the city.
     If a special fund has been created and maintained as
     provided in section three hundred four, the fiscal officer
     shall deposit such money to the credit of such fund.

9.   The expenses incurred by the receiver in removing or
     remedying a condition pursuant to the provisions of this
     section shall be met from a fund to be known as the multiple
     dwelling section three hundred nine operating fund. Such
     fund shall consist of such amounts as may be appropriated by
     the board of estimate or other analogous appropriating body
     of the city. Such fund shall be maintained in a separate
     account by the department of real estate and expenditures
     therefrom may be made by the receiver to meet the costs of
     removing or remedying such conditions, subject to audit by
     the comptroller or chief fiscal officer of the city. The
     receiver shall repay the amounts so expended to such fund
     from the proceeds of any amounts recovered pursuant to the
     provisions of this section. In the event that the amount in
     such fund is insufficient for such purposes and if no
     appropriation or an insufficient appropriation has been made
     therefor, the expenses incurred by the receiver in removing
     or remedying such conditions may be met from the proceeds of
     the sale of bonds issued in accordance with the provisions
     of the local finance law.

     In the event that the amounts from time to time in such fund
     exceed two hundred thousand dollars ($200,000), such excess
     may be applied to the payment of the principal and interest
     due upon any bonds issued pursuant to this subdivision, or,
     if no such bonds are outstanding, any such excess may be
     transferred to the general fund of the city.

10.  Reference in this section to a bureau or department of real
     estate or to a commissioner or chief executive of a bureau
     or department of real estate of a municipality, when used in
     connection with or affecting either a receiver or a multiple
     dwelling in the city of New York, shall be construed to mean
     the department or commissioner of housing preservation and
     development or the department or commissioner of buildings,
     or both such departments or commissioners, as the case may
     be, of the city of New York.

11.  a.   Notwithstanding any other provision of law, where
          a repair has been made by the department pursuant to
          this section, or any other law, to abate a hazardous
          condition or correct any violation of this chapter, or
          any other state or local law, which arises from the
          existence of lead based paint, the department may, in
          whole or in part, waive its right to a lien on the
          affected premises and repayment of such expenses and
          disbursements as were necessary to abate such hazardous
          conditions or correct such violation of law. The
          department shall promulgate rules setting forth the
          standards for such waivers.

     b.   Notwithstanding any other provision of law, where there
          is a hazardous condition or violation of this chapter
          or other state or local law which arises from the
          existence of lead based paint, the department may make
          grants or loans to owners for the expenses, in whole or
          in part, of abating such hazardous condition or
          correcting such violation of law. The department shall
          promulgate rules setting forth the standards for such
          grants or loans.


Sec. 309-a.    Multiple dwelling; apartment prohibitions for
               certain employees.

1.   No janitor, superintendent, manager, custodian, or the like,
     of a multiple dwelling shall be permitted to reside in an
     apartment unit in the multiple dwelling in which he is
     employed if the rental of such apartment unit to a tenant is
     prohibited by any general, special, or local law.

2.   An owner, agent or operator of a multiple dwelling may apply
     to the department for a waiver of the provisions of this
     section on the ground that there is a bona fide
     unavailability of a suitable apartment unit for occupation
     by any of the above mentioned employees. Upon a
     determination that such unavailability does exist, the
     department may grant an exemption from the application of
     the provisions of subdivision one of this section upon such
     terms and conditions as it shall deem appropriate.

3.   For the purposes of this section, the term "multiple
     dwelling" shall mean a building in which there is either
     rented, leased, let or hired out to be occupied, or is
     occupied as the residence or home of three of more families
     living independently of each other.


Sec. 310. Board of appeals.

1.   As used in this section "board" shall mean the agency of a
     city constituted as a board and authorized by law both to
     grant variances of the zoning resolution and to make rules
     supplemental to laws regulating construction, maintenance,
     use and area of buildings; provided, however, that where, in
     a city to which this chapter applies, there is no board as
     so described, then a board may be created by local law or
     ordinance to possess the powers, perform the functions and
     grant the variances as hereinafter in this section provided;
     and any board so created shall be deemed to be a "board"
     within the meaning of such term as hereinbefore in this
     subdivision described.

2.   Where the compliance with the strict letter of this chapter
     causes any practical difficulties or any unnecessary
     hardships the board shall have the power, on satisfactory
     proof at a public hearing, provided the spirit and intent of
     this chapter are maintained and public health, safety and
     welfare preserved and substantial justice done, to vary or
     modify any provision or requirement of this chapter, or of
     any rule, regulation, supplementary regulation, ruling or
     order of the department with respect to the provisions of
     this chapter, as follows:

     a.   For multiple dwellings and buildings existing on July
          first, nineteen hundred forty-eight, in cities with a
          population of one million or more, and for multiple
          dwellings and buildings existing on November first,
          nineteen hundred forty-nine, in cities with a
          population of five hundred thousand or more but less
          than one million, provisions relating to:

          (1)  Height and bulk;

          (2)  Required open spaces;

          (3)  Minimum dimensions of yards or courts;

          (4)  Means of egress;

          (5)  Basements and cellars in tenements and converted
               dwellings.

          The population restrictions contained in this paragraph
          shall not apply to any multiple dwelling otherwise
          entitled to the variances herein pursuant to the
          provisions of subdivision seven of section fifty-six of
          this chapter.

     b.   For multiple dwellings and buildings erected or to be
          erected or altered after July first, nineteen hundred
          forty-eight pursuant to plans filed prior to December
          fifteenth, nineteen hundred sixty-one, provisions
          relating to:

          (1)  Required open spaces; or

          (2)  Minimum dimensions of yards or courts.

     c.   For multiple dwellings and buildings erected or to be
          erected or altered pursuant to plans filed on or after
          December fifteenth, nineteen hundred sixty-one, or
          before such date provided such plans comply with the
          provisions of paragraph d of subdivision one of section
          twenty-six, provisions relating to:

          (1)  Height and bulk;

          (2)  Required open spaces; or

          (3)  Minimum dimensions of yards and courts.

          Variations or modifications may be granted pursuant to
          Paragraphs b and c only on condition that open areas
          for light and air are provided which are at least
          equivalent in area to those required by the applicable
          provisions of this chapter and pursuant to sub-
          paragraph one of paragraph c only on the further
          conditions that there are unique physical or
          topographical features, peculiar to and inherent in the
          particular premises, including irregularity, narrowness
          or shallowness of the lot size or shape and such
          variance would be permitted under any provision
          applicable thereto of the local zoning ordinance.

     d.   In the city of Buffalo, until July first, nineteen
          hundred and sixty-four for frame multiple dwellings,
          existing on November first, nineteen hundred forty-
          nine, and for buildings on the same lot existing on
          such date or altered after such date, applicable
          provisions relating to sections nine, eleven, fifty-
          six, two hundred sixty-four and article six.

     e.   In the city of Buffalo, until July first, nineteen
          hundred and sixty-four for dwellings three stories or
          less in height converted prior to November first,
          nineteen hundred forty-nine, applicable provisions of
          section one hundred eighty-five provided that (1) where
          such dwelling is occupied by three families, all the
          provisions of article six must be complied with and the
          cellar stairs enclosed with fire retarded materials
          with a one hour fire door; (2) where such dwelling is
          occupied by more than three families and there are two
          independent means of egress accessible on each story to
          each apartment, the cellar stairs must be enclosed with
          fire retarded materials with a one hour fire door and
          there must be automatic sprinklers in the public halls
          and stairways; (3) where such dwelling is occupied by
          more than three families and there are not two
          independent means of egress accessible from each story
          to each apartment, the cellar stairs must be enclosed
          with fire retarded materials with a one hour fire door,
          there must be automatic sprinklers in the public halls
          and stairways and there must be two independent means
          of egress accessible to each apartment on the third
          story.

     f.   The variance authorized by paragraphs d or e of this
          subdivision may be granted only upon the prior approval
          of the fire, health and building departments of such
          city and certification by the heads of such departments
          that the variance sought is not against the public
          interest.

     g.   The board may, as a condition of granting the variance
          authorized by paragraphs d or e of this subdivision,
          impose such additional requirements of health and
          safety as it may deem necessary or advisable for the
          proper protection of the occupants of the dwelling.

     *h.  Notwithstanding any other provision of law, the city of
          Buffalo may grant variances regarding subdivision
          twenty-five of section four and subdivision five of
          section one hundred one of this chapter only where such
          variances comply with the minimum standards set forth
          in the New York state building construction code which
          is applicable to multiple dwellings, and have been
          approved by the state division of housing and community
          renewal.

          * NB Expires 84/01/01

3.   An application for such a variance or modification may be
     made by any person aggrieved or by the head of any public
     agency, within such time and under such procedure,
     conditions and rules as may be prescribed by the board. The
     board shall fix a reasonable time for the hearing of an
     application and shall require that due notice be given of
     the time and place of such hearing to the applicant and to
     the department. Any person or a duly authorized
     representative of any public agency may appear at any such
     hearing and be heard on any such application.

4.   In every case the board shall state the reason or reasons
     for its decision. All decisions of the board shall be
     subject to review in the same manner as is provided by law
     for review of decisions of such board respecting variances
     of the zoning resolution.

5.   A record of all decisions of the board, indexed according to
     the section or sections of this chapter affected thereby,
     shall be kept in the office of the board. Such record shall
     be open to public inspection at all times during business
     hours.

6.   The board shall have power to charge and collect reasonable
     fees and to make rules governing such charges. All moneys so
     collected shall be deposited in the general fund of the
     city.


=================================================================

                            ARTICLE 9
             REGISTRY OF NAMES AND SERVICE OF PAPERS

Section             325. Registry of owner, agent and
                         lessee.
                    326. Service of notices, orders and
                         summonses.
                    327. Indexing names; fees for
                         searches.
                    328. Central Violations Bureau.
                    329. Certificate of inspection
                         visits.

=================================================================


Sec. 325. Registry of owner, agent and lessee.

1.   Every owner of a multiple dwelling, every lessee of a whole
     dwelling and every agent or other person having control of
     such a dwelling, shall file in the department a notice
     containing his name, address and a description of the
     premises, by street number or otherwise, and the class and
     kind of the dwelling thereon, in such manner as will enable
     the department to find the same; and also the number of
     apartments and rooms in each apartment on each story, and
     the number of families occupying the apartments. If such
     owner or lessee be a corporation, other than a banking
     organization as defined in section two of the banking law, a
     national banking association, a federal savings and loan
     association, The Mortgage Facilities Corporation, Savings
     Banks Life Insurance Fund, The Savings Banks Retirement
     System, an authorized insurer as defined in section one
     hundred seven of the insurance law, or a trust company or
     other corporation organized under the laws of this state all
     the capital stock of which is owned by at least twenty
     savings banks or a subsidiary corporation all of the capital
     stock of which is owned by such trust company or other
     corporation, the names and residence addresses of its
     officers shall also be contained in such notice. A similar
     notice shall be filed within thirty days following an
     election of any new officer or a change of address of any
     such officer. The provisions of this section also shall
     apply to successors in title, ownership or control of any
     premises, whether by act of the parties or by process or
     operation of law and, within thirty days after such
     succession, particulars of such ownership or control shall
     be filed in the department. If any successor in interest be
     under the age of twenty-one years his duly appointed
     guardian or, if there be no guardian, his administrator
     shall comply with this section in his behalf. Where after
     the filing of any notice under this section, the premises
     shall have been declared a public nuisance to any extent
     pursuant to paragraph b of subdivision one of section three
     hundred nine of this chapter and such declaration shall have
     been filed as therein provided, the owner, if a corporation,
     other than a banking organization as defined in section two
     of the banking law, a national banking association, a
     federal savings and loan association, The Mortgage
     Facilities Corporation, Savings Banks Life Insurance Fund,
     The Savings Banks Retirement System, an authorized insurer
     as defined in section one hundred seven of the insurance
     law, or a trust company or other corporation organized under
     the laws of this state all the capital stock of which is
     owned by at least twenty savings banks or a subsidiary
     corporation all of the capital stock of which is owned by
     such trust company or other corporation, shall file a
     similar notice within ten days which shall in addition
     contain the name and residence and business address of each
     director and stockholder of the corporation and of each
     person known to have any beneficial interest in such stock.

2.   In any city of over one million which, by local law,
     requires the registration of owners of multiple dwellings
     and which prescribes penalties, remedies, and sanctions to
     be imposed for the violation of such local registration
     requirements, no rent shall be recovered by the owner of a
     multiple dwelling who fails to comply with such registration
     requirements until he complies with such requirements. If a
     resident of an unregistered dwelling voluntarily pays rent
     or an installment of rent when he had a right to withhold
     the same under this subdivision, he shall not thereafter
     have any claim or cause of action to recover back the rent
     or installment of rent so paid. A voluntary payment within
     the meaning of this subdivision means payment other than one
     made pursuant to judgment in an action or special
     proceeding.


Sec. 326. Service of notices, orders and summonses.

1.   Every notice, order or summons relative to a dwelling shall
     be served five days before the time for compliance
     therewith. The posting of a copy of such notice, order or
     summons in a conspicuous place in such dwelling, together
     with the mailing of a copy thereof, within five days of such
     posting, to each person whose name has been filed with the
     department of health or the department charged with the
     enforcement of this chapter, in accordance with the
     provisions of section three hundred twenty-five, at his
     address as therewith filed, shall be sufficient service
     thereof, except as provided in subdivision three.

2.   Except as provided by the provisions of this chapter which
     are less restrictive than the provisions of this
     subdivision, if any notice, order or summons is directed to
     any person pursuant to any provision of this chapter,
     including the provisions of subdivision two of section three
     hundred nine, and if the address of such person is not
     registered or, in any case for which personal service is
     provided, if such person cannot with due diligence be served
     personally, then such notice, order or summons may be served
     by posting a copy thereof in a conspicuous place upon the
     premises within which a violation is alleged to have been
     placed or a condition complained of is alleged to exist, and
     by sending a copy thereof by registered mail, return receipt
     requested, addressed to such person at his last known
     address or place of residence.

3.   In the case of a summons if the address of any agent or
     lessee whose name and address have been filed in accordance
     with the provisions of section three hundred twenty-five is
     in the city in which the dwelling is situated, then a copy
     of the summons shall also be delivered at such address to a
     person of lawful age, if upon reasonable application
     admittance can be obtained and such person found; and
     provided also that personal service of the summons upon the
     owner of such dwelling shall be sufficient service thereof
     upon him.

4.   Notwithstanding any inconsistency with this section, in a
     city, having a population of one million or more, a local
     law may provide for the manner of serving civil process for
     the enforcement of penalties, sanctions and remedies
     provided in such local law.


Sec. 327. Indexing names; fees for searches.

1.   The names and addresses filed in accordance with section
     three hundred twenty-five shall be indexed under the
     direction of the registrar of records of the department in
     such a manner that all of those filed in relation to each
     dwelling shall be together and readily ascertainable. The
     department shall provide the necessary books and clerical
     assistance for that purpose, and the expense thereof shall
     be paid by the city. Such indices shall be public records.

2.   The department shall have power to charge and collect fees
     for searches, and to make rules governing charges for
     certification of pending violations.


Sec. 328. Central Violations Bureau.

1.   In cities having a population of one million or more, the
     department shall establish a central violations bureau which
     shall establish and maintain currently an index showing and
     a file containing, with respect to each building located in
     the city, the name, address and telephone number of the
     present owner of the building and whether or not he is a
     member in good standing of the rent stabilization
     association or registered pursuant to the emergency tenant
     protection act of nineteen seventy-four or the rent
     stabilization law of nineteen hundred sixty-nine where one
     or more dwelling units therein are subject to the rent
     stabilization law, each notice and order of the building
     department, the fire department, the health department, the
     water supply, gas and electricity department and of every
     other municipal department or agency having jurisdiction
     over such building alleging the occupation of such building
     in violation of law or the existence of a nuisance therein
     and of each notice, order, rule or certificate showing the
     clearance, correction or abatement of such violation or
     nuisance.

2.   It shall be the duty of the department and of every other
     municipal department and agency having jurisdiction over
     buildings located in the city of New York to file with the
     central violations bureau established by this section a true
     copy of each notice and order of such department or agency
     alleging the occupation of a building in violation of law or
     the existence of a nuisance therein and of each notice,
     order, rule or certificate showing the clearance, correction
     or abatement of such violation or nuisance within seventy-
     two hours from the date of issuance of such notice, order,
     rule or certificate.

3.   In any action or proceeding before the housing part of the
     New York city civil court either (a) the visually displayed
     or (b) the printed computerized violation files of the
     department responsible for maintaining such files and all
     other computerized data as shall be relevant to the
     enforcement of state and local laws for the establishment
     and maintenance of housing standards, including but not
     limited to the name, address and telephone number of the
     present owner of the building and whether or not he is a
     member in good standing of the rent stabilization
     association or registered pursuant to the emergency tenant
     protection act of nineteen seventy-four or the rent
     stabilization law of nineteen hundred sixty-nine where one
     or more dwelling units therein are subject to the rent
     stabilization law, shall be prima facie evidence of any
     matter stated therein and the courts shall take judicial
     notice thereof as if same were certified as true under the
     seal and signature of the commissioner of that department.


Sec. 329. Certificate of inspection visits.

In a city of over one million population the department shall
issue without fee to all owners of multiple dwellings located in
such city, a certificate of inspection visits upon which shall
appear the title in bold print "CERTIFICATE OF INSPECTION
VISITS", the name, address and telephone number of the owner of
the building, the street address of the building and the words,
"The undersigned hereby certifies that he visited the above-
described building on the date and for the purposes set opposite
his name". The certificate shall be placed and maintained in a
conspicuous place inside the multiple dwelling within view of the
place at which mail is delivered to the building or at such other
location as may be approved by the department and in a place
readily accessible for signature by employees of the department.
In the event that the certificate is destroyed or defaced or the
signature lines become filled with signatures, the owner shall
apply for and the department shall issue to him free of charge a
duplicate certificate of inspection visits. Whenever an employee
of such department shall visit any multiple dwelling for any
purpose related to his official capacity, he shall sign his name
to the certificate of inspection visits and opposite thereto set
forth the date and purpose of his visit.


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                           ARTICLE 10
                          PROSTITUTION

Section             351. Lien.
                    352. Recovery of premises.
                    353. Permission of owner or lessee.
                    354. Rules of evidence.
                    355. Title of action or proceeding
                         and parties.
                    356. Jurisdiction and procedure.
                    357. Judgment.
                    358. Sale of premises.
                    359. Receivership.
                    360. Cancellation of notice of
                         pendency of action.

=================================================================


Sec. 351. Lien.

A multiple dwelling shall be subject to a penalty of one thousand
dollars if it or any part of it shall be used as a house of
prostitution or assignation with the permission of the owner, and
such penalty shall be a lien upon the dwelling and lot upon which
it is situated.


Sec. 352. Recovery of premises.

If a multiple dwelling, or any part thereof, shall be used as a
house of prostitution or assignation with the permission of the
lessee or his agent, the lease shall be terminable at the
election of the lessor, and the owner shall be entitled to
recover possession of said premises by summary proceedings.


Sec. 353. Permission of owner or lessee.

A multiple dwelling shall be deemed to have been used for the
purposes specified in the last two sections with the permission
of the owner, agent or lessee thereof in the following cases:

1.   If summary proceedings for the removal of the tenants of
     such dwelling or of so much thereof as is unlawfully used,
     shall not have been commenced within five days after notice
     of such unlawful use has been served by the department in
     the manner prescribed by article nine of this chapter for
     the service of notices and orders; or having been commenced,
     are not in good faith diligently prosecuted to final
     determination.

2.   If there be two or more convictions in such dwelling within
     a period of six months, under sections 230.00, 230.25, or
     230.40 of the penal law.


Sec. 354. Rules of evidence.

In any action to establish a lien or in any action or proceeding
for a fine, penalty or other punishment for a violation of any of
the provisions of this, article, proof of the ill-repute or the
ill-fame of the premises which are the subject-matter of the
action or proceeding or of the inmates thereof, or of those
resorting thereto, shall constitute presumptive evidence that
such use was with the permission of the owner, agent or lessee.
The certificate of the department that the building was intended,
arranged or designed to be occupied as a dwelling shall be
presumptive evidence of the fact that it is so occupied.


Sec. 355. Title of action or proceeding and parties.

Any action or proceeding referred to in this article shall be
brought against the premises as defendant. Such premises may be
described in the title of the action or proceeding by their
street number or by any other method sufficiently precise to
secure identification and shall be described in the complaint.
The plaintiff, except as hereinafter provided, shall be the
department. In case the department shall not institute any action
or proceeding within ten days after receiving a written request
to do so from any taxpayer in the city, then such taxpayer may
institute and maintain such action or proceeding against the
premises in his own name, and the court may, in its discretion,
require from him security for costs.


Sec. 356. Jurisdiction and procedure.

Any action or proceeding referred to in this article shall be
brought in the supreme court, county court or other court of
competent jurisdiction in the county in which the premises are
situated. At or before the commencement of the action or
proceeding the complaint shall be filed in the office of the
clerk of the county, together with a notice of the pendency of
the action or proceeding, containing the names of the parties,
the object of the action or proceeding and a brief description of
the premises affected thereby. Said notice shall be recorded
immediately by the clerk. The owner or lessee, or both, of said
premises may appear in such action or proceeding and answer or
move with respect to the complaint, and the subsequent procedure
shall be the same as in other actions or proceedings brought to
establish a lien or encumbrance upon real property. Such action
or proceeding shall be entitled to a preference in the trial or
hearing thereof.


Sec. 357. Judgment.

The judgment in such action or proceeding, if in favor of the
plaintiff, shall establish the penalty sued for as a lien upon
such premises, subject only to taxes, assessments, water rates,
mortgages and mechanics' liens as may exist thereon prior to the
filing of the notice of pendency of the action or proceeding.


Sec. 358. Sale of premises.

At any time after the entry of any judgment establishing a lien
upon such premises the department, if there be no stay pending
appeal, may apply to the court for leave to sell such premises.
Upon such application the court may order such premises sold at
public auction, subject to taxes, assessments, water rates,
mortgages and mechanics' liens. The deed to the purchaser shall
be made by the department. The justices of the appellate division
of the supreme court of any judicial department may establish
rules of practice which shall be followed by the department
charged with the enforcement of this chapter in the conduct of
such sales in such judicial department.


Sec. 359. Receivership.

Whenever the lien or liens established by judgment pursuant to
this article shall amount to one thousand dollars or more, and
there be no stay pending appeal, the department shall appoint a
receiver of the rents and profits of such premises. Such receiver
shall give security for the performance of his duties in the
manner and form fixed by the department. He shall have the powers
and duties of a receiver of rents and profits of real estate
appointed by the supreme court; provided, that the corporation
counsel shall act as his counsel and the receiver shall not be
allowed any expenditure for counsel fees, and his commissions
shall be ten per centum of his collections, which sum shall be
full compensation for his services and those of any agent or
agents whom he may employ. Such receivership shall continue until
the amount of such liens with interest thereon at the rate of six
per centum, and of the commissions, have been fully paid;
provided, that nothing in this section shall be construed to
prevent any prior lienor from applying to the court in a proper
case for a receiver of the premises.


Sec. 360. Cancellation of notice of pendency of action.

If an action or proceeding to establish a lien upon such premises
terminates otherwise than in a judgment establishing such a lien,
or if the judgment be fully paid, such notice of pendency of
action or proceeding may be canceled. Prior to the termination of
such action or proceeding the notice may be canceled by giving an
undertaking.

=================================================================

                           ARTICLE 11
              LAWS REPEALED; SAVING CLAUSES; EFFECT

Section             365. Laws repealed.
                    366. Saving clauses.
                    367. Effect of invalidity in part.

=================================================================


Sec. 365. Laws repealed.

All statutes of the state and local laws, ordinances and
regulations of cities to which this chapter is or hereafter
becomes applicable, so far as inconsistent with the provisions of
this chapter, are hereby repealed; provided that nothing in this
chapter contained shall be construed as abridging the right of
any city to adopt local laws, ordinances, resolutions or
regulations not less restrictive than the provisions of this
chapter.


Sec. 366. Saving clauses.

1.   The repeal of any provisions of this chapter, or the repeal
     of any provisions of any statute of the state or local law,
     ordinance, resolution or regulation shall not affect or
     impair any act done, offense committed or right accruing,
     accrued or acquired, or liability, penalty, forfeiture or
     punishment incurred or imposed prior to the time of such
     repeal, but the same may be enjoyed, asserted, enforced,
     prosecuted or inflicted as fully and to the same extent and
     in the same manner as if such provisions had not been
     repealed.

2.   Any action or proceeding, civil or criminal, begun before
     April eighteenth, nineteen hundred twenty-nine, under or
     pursuant to or by virtue of any provision of the tenement
     house law which is superseded by this chapter as in this
     chapter provided, may be prosecuted, conducted and completed
     in the same manner as if such law were not so superseded but
     continued to be fully effective.

3.   No action or proceeding, civil or criminal, pending at the
     time this chapter, as amended by the laws of nineteen
     hundred forty-six, takes effect, brought by or against a
     city or any agency or officer thereof, shall be affected or
     abated by the adoption of this chapter as so amended, or by
     anything therein contained, and all such actions and
     proceedings may be continued in full force and effect under
     the appropriate provisions of this chapter.

4.   No existing right or remedy of any kind shall be lost or
     impaired by reason of the adoption of this chapter as so
     amended unless by specific provision of a law which does not
     amend all articles of this chapter.

5.   Except as otherwise provided in subdivision six of section
     three, the provisions of this chapter shall not operate to
     limit or decrease the power of any city to adopt local laws,
     ordinances, resolutions or regulations in relation to any
     matter in respect to which such power would otherwise exist.

6.   The tenement house law shall, from and after the taking
     effect of this chapter, not apply to cities with a
     population of eight hundred thousand or more.


Sec. 367. Effect of invalidity in part.

If any term, part, provision, article, section, subdivision or
paragraph of this chapter shall be held unconstitutional, or
ineffective in whole or in part, then to the extent that it is
not unconstitutional or ineffective, this chapter and such term,
part, provision, article, section, subdivision or paragraph
thereof shall be in full force and effect; and such determination
shall not be deemed to invalidate the remaining terms, parts,
provisions, articles, sections, subdivisions or paragraphs
thereof.

=================================================================
=================================================================


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