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NEW YORK STATE
MULTIPLE DWELLING LAW

Chapter 713 of the Laws of 1929, as amended


                           ARTICLE 7-A
                      TEMPORARY PROVISIONS

Section             *260.  Recovery of rent for
                           certain non-complying premises
                           restricted during emergency period.
                           * NB Expired 49/07/01
                    *261.  Recovery of possession of
                           certain non-complying premises
                           restricted during emergency period.
                           * NB Expired 49/07/01
                     262.  Alteration of uncompleted buildings.
                    *264.  Conversion of certain dwellings.
                           * NB Expired 49/07/01

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*Sec. 260.     Recovery of rent for certain non-complying
               premises restricted during emergency period.

1.   Legislative finding.

     It is hereby declared that in cities of this state with a
     population of over one million there exists an acute
     shortage of dwelling accommodations available to low-income
     families; that many dwellings formerly occupied by them have
     been and are continuing to be vacated and demolished because
     of structural inadequacy or danger, obsolescence and
     dilapidation, or because owners have refused to comply with
     the law, or for other reasons; that the freedom of contract
     has been impaired in consequence thereof, and unjust,
     unreasonable and oppressive increases in the rents of
     dwelling accommodations available to such families are being
     and will continue to be exacted; that world war II has
     necessitated an almost complete paralysis of building
     construction; that the extent of construction of decent,
     safe and sanitary dwellings, conforming with the minimum
     standards prescribed by law, has failed to produce a
     sufficient number of dwellings for the accommodation of
     families unable to pay higher rentals; that there has been a
     rapid absorption of rentable vacancies in said dwellings and
     a sharp increase in rentals; that such communities are
     threatened with wholesale evictions; that an emergency
     exists by reason of these conditions, which constitute a
     menace to the health, safety, morals, welfare and comfort of
     the citizens of the state, undermine the standard of living
     of a large number thereof, tend to impair and impede the
     enforcement of existing statutes, cause overcrowding and
     congestion, foster crime, encourage the spread of vice and
     disease and increase the death rate; that adequate housing
     accommodations to relieve the hardships and suffering
     resulting therefrom cannot be sufficiently provided, with or
     without public assistance, during the period of the
     emergency as herein declared; and the necessity for
     legislative intervention, by the enactment of the provisions
     of this section and their application until July first,
     nineteen hundred forty-nine, is hereby declared as a matter
     of legislative determination, and the provisions of this
     section shall remain in force and effect only until such
     date.

2.   For the period during which any old-law tenement or any
     converted dwelling shall fail to comply with the applicable
     provisions of article six or seven, as the case may be, no
     rent therefor or for any part thereof shall be recovered by
     the owner, nor shall any action or special proceeding be
     maintainable for such rent or to recover possession of such
     dwelling or part thereof for non-payment of rent, except
     rent at such rate as shall not exceed the lowest rent
     charged therefor for any month between September thirtieth,
     nineteen hundred thirty-seven, and April first, nineteen
     hundred forty-three.

3.   In any such action or special proceeding in which there
     shall be interposed a defense that the dwelling fails to
     comply with the applicable provisions of article six or
     seven or that the rent demanded exceeds the lowest rent
     charged for any month between September thirtieth, nineteen
     hundred thirty-seven, and April first, nineteen hundred
     forty-three, the burden of proof shall be upon the party
     seeking to recover rent or possession.

4.   A certification by the department of the results of a search
     made by the department shall be admissible as presumptive
     evidence of the existence or non-existence of any violation
     of article six or seven as in such certificate specified.

     * NB Expired 49/07/01


*Sec. 261.     Recovery of possession of certain non-complying
               premises restricted during emergency period.

1.   Legislative finding.

     The public emergency which existed at the time of the
     enactment of and which was declared in chapter six hundred
     seventy-five of the laws of nineteen hundred thirty-eight,
     and in acts amendatory thereof, having continued and still
     existing, there having been and there being an acute
     shortage of such dwellings, and the intents and purposes of
     such provisions having, in a great many instances, been
     circumvented by landlords giving their tenants thirty days'
     notice terminating their tenancy and instituting proceedings
     for their removal, the necessity for legislative
     intervention, by the enactment of the provisions of this
     section, and their application, until July first, nineteen
     hundred forty-nine, is hereby declared as a matter of
     legislative determination, and the provisions of this
     section shall remain in force and effect only until such
     date.

2.   For the period during which any old-law tenement or any
     converted dwelling shall fail to comply with the applicable
     provisions of article six or seven, no action or proceeding
     by an owner to recover possession of such dwelling or any
     part thereof from a tenant and to remove such tenant
     therefrom for the reason that the tenant holds over and
     continues in possession of the demised dwelling or any part
     thereof after the expiration of his term without the
     permission of the owner, shall be maintainable except:

     a.   A proceeding to recover such possession upon the ground
          that the person is holding over and is objectionable,
          in which case the owner shall establish to the
          satisfaction of the court that the person holding over
          is objectionable; or

     b.   A proceeding when the owner of record of the dwelling,
          being a natural person, seeks in good faith to recover
          possession of a room or rooms therein for the immediate
          and personal occupancy by himself and his family as a
          dwelling; or

     c.   A proceeding where the petitioner shows to the
          satisfaction of the court that he desires in good faith
          to recover the dwelling for the purpose of altering or
          demolishing the same with the intention of providing or
          constructing more dwelling units, plans for which shall
          have been duly approved by the department in accordance
          with the provisions of any applicable local law.

     d.   In pending proceedings for the recovery of such
          dwelling on the grounds that the occupant holds over
          after the expiration of his term, a warrant shall not
          be issued unless the petitioner establishes to the
          satisfaction of the court that the proceeding is one
          mentioned in the exceptions enumerated in this
          subdivision.

3.   The provisions of this section shall not be construed to
     apply to an action or proceeding by an owner to recover
     possession of such dwelling or any part thereof from a
     tenant and to remove such tenant therefrom for the reason
     that the tenant holds over and continues in possession of
     the demised dwelling or any part thereof without the
     permission of the owner after a default in the payment of
     the rent.

     * NB Expired 49/07/01


Sec. 262. Alteration of uncompleted buildings.

The provisions of this chapter relating to multiple dwellings
erected after April eighteenth, nineteen hundred twenty-nine,
shall not apply to any fireproof building structurally enclosed
but uncompleted on April first, nineteen hundred forty-five,
conforming to the provisions of the local zoning law or
resolution applicable to an apartment hotel, in effect at the
time of the approval of the original plans filed for the
construction of such building, and which building shall
thereafter be altered and completed as a class A multiple
dwelling, in accordance with plans and amendments thereto
approved by the department. Such building, if so altered and
completed on or before July first, nineteen hundred forty-eight,
may be lawfully occupied thereafter as a class A multiple
dwelling if it conforms with the provisions of section twenty-
five applicable to fireproof class A multiple dwellings occupied
as such before April eighteenth, nineteen hundred twenty-nine.


*Sec. 264.     Conversion of certain dwellings.

1.   Notwithstanding any inconsistent provision of this chapter
     or of any other law, it shall be lawful until July first,
     nineteen hundred forty-nine, for any owner to convert a non-
     fireproof dwelling which is not of frame construction, not
     more than a basement and two additional stories in height,
     and not occupied by more than two families, for occupancy by
     not more than three families, in accordance with the
     provisions of this section, providing such dwelling was
     existing on April eighth, nineteen hundred forty-six, or was
     erected thereafter under plans on file with the department
     on or before such date.

2.   The provisions of article six of this chapter shall not
     apply to conversion of dwellings under this section, except
     in so far as compliance therewith is expressly required as
     provided in or pursuant to this section.

3.   Conversion of such dwellings under this section must be
     made:

     a.   In full compliance with the provisions of sections one
          hundred seventy-six, one hundred seventy-seven, and one
          hundred eighty-eight, of subdivision two of section one
          hundred eighty-nine, and of section two hundred;

     b.   In full compliance with the provisions of section one
          hundred eighty-five, except that if a cellar ceiling is
          plastered and in good repair only the area of the
          ceiling over any boiler located in the cellar and for
          three feet beyond need be covered with fire-retarding
          material;

     c.   In full compliance with the provisions of section one
          hundred eighty-seven unless such conversion was
          completed under authority of this section before July
          first, nineteen hundred forty-seven, and

     d.   In compliance with such additional provisions of
          article six of this chapter, and no other, as may be
          specifically required by, and in accordance with, rules
          and regulations of the department where the conversion
          is proposed to be made.

4.   A plan of alteration to effect conversion of any such
     dwelling under this section shall be filed with such
     department and, when approved by it, shall constitute a
     lawful plan for three family occupancy of such dwelling.

     * NB Expired 49/07/01

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