New York Multiple Dwelling Code § 4

Definitions
Open in Lexace · Ask the AI about this section
§ 4. Definitions. Certain words and terms when used in this chapter,\nunless the context or subject matter requires otherwise, are defined as\nfollows:\n  1. Wherever the word or words "occupied," "is occupied," "used" or "is\nused" appear, such word or words shall be construed as if followed by\nthe words "or is intended, arranged or designed to be used or occupied."\n  2. The word "shall" is always mandatory.\n  3. The term "department" shall mean the department, bureau, division\nor other agency charged with the enforcement of this chapter.\n  4. A "dwelling" is any building or structure or portion thereof which\nis occupied in whole or in part as the home, residence or sleeping place\nof one or more human beings.\n  5. A "family" is either a person occupying a dwelling and maintaining\na household, with not more than four boarders, roomers or lodgers, or\ntwo or more persons occupying a dwelling, living together and\nmaintaining a common household, with not more than four boarders,\nroomers or lodgers.  A "boarder," "roomer" or "lodger" residing with a\nfamily shall mean a person living within the household who pays a\nconsideration for such residence and does not occupy such space within\nthe household as an incident of employment therein.\n  6. A "private dwelling" is any building or structure designed and\noccupied exclusively for residence purposes by not more than two\nfamilies.\n  A building designed for and occupied exclusively by one family is a\n"single-family private dwelling."\n  A building designed for and occupied exclusively by two families is a\n"two-family private dwelling."\n  Private dwellings shall also be deemed to include a series of\none-family or two-family dwelling units each of which faces or is\naccessible to a legal street or public thoroughfare provided that each\nsuch dwelling unit is equipped as a separate dwelling unit with all\nessential services, and also provided that each such unit is arranged so\nthat it may be approved as a legal one-family or two-family dwelling.\n  7. A "multiple dwelling" is a dwelling which is either rented, leased,\nlet or hired out, to be occupied, or is occupied as the residence or\nhome of three or more families living independently of each other. On\nand after July first, nineteen hundred fifty-five, a "multiple dwelling"\nshall also include residential quarters for members or personnel of any\nhospital staff which are not located in any building used primarily for\nhospital use provided, however, that any building which was erected,\naltered or converted prior to July first, nineteen hundred fifty-five,\nto be occupied by such members or personnel or is so occupied on such\ndate shall not be subject to the requirements of this chapter only so\nlong as it continues to be so occupied provided there are local laws\napplicable to such building and such building is in compliance with such\nlocal laws. A "multiple dwelling" shall not be deemed to include a\nhospital, convent, monastery, asylum or public institution, or a\nfireproof building used wholly for commercial purposes except for not\nmore than one janitor's apartment and not more than one penthouse\noccupied by not more than two families. For the purposes of this chapter\n"multiple dwellings" are divided into two classes: "class A" and "class\nB."\n  8. a. A "class A" multiple dwelling is a multiple dwelling that is\noccupied for permanent residence purposes. This class shall include\ntenements, flat houses, maisonette apartments, apartment houses,\napartment hotels, bachelor apartments, studio apartments, duplex\napartments, kitchenette apartments, garden-type maisonette dwelling\nprojects, and all other multiple dwellings except class B multiple\ndwellings. A class A multiple dwelling shall only be used for permanent\nresidence purposes. For the purposes of this definition, "permanent\nresidence purposes" shall consist of occupancy of a dwelling unit by the\nsame natural person or family for thirty consecu

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.