§ 120. Use of dwelling units in a class A multiple dwelling for other\nthan permanent residence purposes. 1. Notwithstanding any other\nprovision of law to the contrary, within a class A multiple dwelling to\nwhich this article is applicable the use of dwelling units as a hotel\nfor other than permanent residence purposes, as defined in paragraph a\nof subdivision eight of section four of this chapter, that would\notherwise be prohibited shall be permitted to continue for a period of\ntwo years after the effective date of this section provided that:\n a. such dwelling units were used for other than permanent residence\npurposes on January first, two thousand nine and on the effective date\nof this subdivision and fifty-one percent or more of the total number of\ndwelling units in such dwelling were used for other than permanent\nresidence purposes on such dates;\n b. (1) such dwelling was initially constructed as and identified on\nits initial certificate of occupancy as "apartment hotel" or "class A\nhotel" and occupied as a hotel for other than permanent residence\npurposes on December fifteenth, nineteen hundred sixty-one or, if such\ndwelling was under construction and not yet complete on such date, was\noccupied as a hotel for other than permanent residence purposes at the\ntime the dwelling was completed, or (2) such dwelling is in zoning\ndistrict C5 as designated in the New York city zoning resolution and was\ninitially constructed as a hotel for other than permanent residence\npurposes prior to December fifteenth, nineteen hundred sixty-one and\noccupied as a hotel for other than permanent residence purposes on\nDecember fifteenth, nineteen hundred sixty-one, or (3) such dwelling (A)\nis within twelve hundred feet of zoning district C5 as designated in the\nNew York city zoning resolution, (B) was initially constructed as a\nhotel for other than permanent residence purposes in accordance with a\npermit that was issued prior to December fifteenth, nineteen hundred\nsixty-one, and (C) was completed after December fifteenth, nineteen\nhundred sixty-one and was initially occupied as a hotel for other than\npermanent residence purposes;\n c. such dwelling is of fireproof construction and was of fireproof\nconstruction on January first, two thousand nine;\n d. such dwelling units used for other than permanent residence\npurposes have at least two lawful means of egress, including exit\nstairs, fire towers or exterior stairs but excluding fire escapes and\nhad such lawful means of egress on January first, two thousand nine;\n e. such dwelling has operational exist signs and a fire alarm system\ncomplying with the provisions for existing transient occupancies in\naccordance with local law and had such exit signs and fire alarm system\non January first, two thousand nine; and\n f. such dwelling units used for other than permanent residence\npurposes are registered with the department within one hundred eighty\ndays after the effective date of this section in a form and manner to be\nprovided by such department, including a requirement that the applicant\nsubmit certification of compliance with paragraphs d and e of this\nsubdivision, signed and sealed by a registered architect or licensed\nprofessional engineer in good standing under the education law. The\ndepartment may assess fees to cover all costs associated with such\nregistration. The department may refuse to register dwelling units or\nmay revoke such registration if it determines such dwelling units or\ndwelling do not comply with the conditions for registration set forth in\nparagraphs a through e of this subdivision.\n 2. The owner shall obtain a certificate of occupancy for the use of\nregistered dwelling units for other than permanent residence purposes\nwithin two years after the effective date of this section. Upon\napplication prior to the expiration of such two year period, the\ndepartment may, for good cause, extend such time for up to one\nadditional
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