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ARTICLE 11 LAWS REPEALED; SAVING CLAUSES; EFFECT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