NEW YORK STATE
MULTIPLE DWELLING LAW
Chapter 713 of the Laws of 1929, as amended
GARDEN-TYPE MAISONETTE DWELLING PROJECTS
Section 161. Application of article five-A.
162. Single ownership.
163. Construction and arrangement.
Sec. 161. Application of article five-A.
The provisions of this article shall apply to garden-type
maisonette dwelling projects erected under plans filed with the
department on or after April eighteenth, nineteen hundred fifty-
four. They shall apply to all such dwellings unless their
application is expressly limited to dwellings of a particular
class. They shall apply in addition to, and not in substitution
for, the provisions of article three. Such dwellings need not
comply with the provisions of sections twenty-eight, thirty-five,
thirty-six, fifty, fifty-four, and sixty-five, or with articles
four, five, six or seven of this chapter, but such dwellings
shall comply with all of the provisions of the building code
applicable to residential buildings of this type and kind. A
garden-type maisonette dwelling project, which is erected in
accordance with the applicable provisions of this chapter for
fireproof or non-fireproof dwellings other than the provisions of
this article five-A, shall not be required to comply with the
provisions of this article.
Sec. 162. Single ownership.
The owner of any site or plot upon which a garden-type maisonette
dwelling project is proposed to be erected shall execute and file
in the office of the recording officer in the county where deeds
of conveyances are recorded an instrument in writing which shall
declare that, so long as any of the buildings proposed to be
erected remain standing, a conveyance of any part or parts of
such project shall, thereupon, cause all the buildings on such
site or plot to be and become unlawful structures, and any prior
certificate of occupancy issued for such structures shall
thereupon become void. Nothing in this section shall be deemed to
prohibit the sale of any part of such project, provided, however,
that the part which is so conveyed and the remaining part of the
project shall be made to comply to all of the applicable
provisions of this chapter.
Sec. 163. Construction and arrangement.
Garden-type maisonette dwelling projects may be erected on
condition that they comply with the following provisions:
1. The dwelling units in such projects, together, or in their
aggregate, do not exceed in superficial area thirty-five per
centum of the area of the site or plot upon which such
projects are erected.
2. The units in such projects do not exceed two stories in
3. Each section contains not more than two apartments in any
4. Every one or two-family unit is separated from all other
such units by an unpierced partition constructed of
materials having a fire-resistive rating of at least one
hour and such partition extends from the first floor above
the basement or cellar of the dwelling to the top of the
roof boards in such manner as to prevent the passage of
fire, smoke or gases between units.
5. a. A project section shall not be constructed of
units which, together, are of a greater area than three
thousand square feet unless divided by unpierced fire
walls of masonry or other materials having a fire-
resistive rating of at least three hours. Such wall
shall be continuous from the floor of the lowest level
of the dwelling to the top of the roof boards and be
fire-stopped at floors and roof in such manner as to
prevent the passage of fire, smoke or gas between
b. Fire walls shall extend at least two feet above the
level of the finished roof or, in lieu thereof, where
there is a peaked or sloped roof, the ceiling of the
attic of all units comprising such section shall be
covered with gypsum plaster-boards three-eighths of an
inch in thickness or with other materials having the
same fire-resistive rating.
6. The facing of the exterior walls shall be of brick veneer
not less than four inches in thickness or may be of one or a
combination of other materials; and the interior facing of
such walls shall be covered with one-half-inch thick plaster
boards and three-eighths-inch thick sanded gypsum plaster or
a combination of other materials which, when combined with
the exterior materials shall have a fire-resistive rating of
at least one hour.
7. Cellar ceilings throughout shall be covered with gypsum
plaster boards three-eighths of an inch in thickness or with
other materials having the same fire resistive rating. A
heating plant located within a section shall be completely
enclosed with incombustible materials having a fire
resistive rating of at least three hours and all openings
therefrom to other parts of the dwelling shall be equipped
with fire-proof doors and assemblies with the doors self
8. Concealed vertical and horizontal draft openings shall be
fire-stopped with incombustible materials.