N.Y. Multiple Dwelling Law § 120: Use of dwelling units in a class A multiple dwelling for other than permanent residence purposes

§ 120. Use of dwelling units in a class A multiple dwelling for other

than permanent residence purposes. 1. Notwithstanding any other

provision of law to the contrary, within a class A multiple dwelling to

which this article is applicable the use of dwelling units as a hotel

for other than permanent residence purposes, as defined in paragraph a

of subdivision eight of section four of this chapter, that would

otherwise be prohibited shall be permitted to continue for a period of

two years after the effective date of this section provided that:

a. such dwelling units were used for other than permanent residence

purposes on January first, two thousand nine and on the effective date

of this subdivision and fifty-one percent or more of the total number of

dwelling units in such dwelling were used for other than permanent

residence purposes on such dates;

b. (1) such dwelling was initially constructed as and identified on

its initial certificate of occupancy as "apartment hotel" or "class A

hotel" and occupied as a hotel for other than permanent residence

purposes on December fifteenth, nineteen hundred sixty-one or, if such

dwelling was under construction and not yet complete on such date, was

occupied as a hotel for other than permanent residence purposes at the

time the dwelling was completed, or (2) such dwelling is in zoning

district C5 as designated in the New York city zoning resolution and was

initially constructed as a hotel for other than permanent residence

purposes prior to December fifteenth, nineteen hundred sixty-one and

occupied as a hotel for other than permanent residence purposes on

December fifteenth, nineteen hundred sixty-one, or (3) such dwelling (A)

is within twelve hundred feet of zoning district C5 as designated in the

New York city zoning resolution, (B) was initially constructed as a

hotel for other than permanent residence purposes in accordance with a

permit that was issued prior to December fifteenth, nineteen hundred

sixty-one, and (C) was completed after December fifteenth, nineteen

hundred sixty-one and was initially occupied as a hotel for other than

permanent residence purposes;

c. such dwelling is of fireproof construction and was of fireproof

construction on January first, two thousand nine;

d. such dwelling units used for other than permanent residence

purposes have at least two lawful means of egress, including exit

stairs, fire towers or exterior stairs but excluding fire escapes and

had such lawful means of egress on January first, two thousand nine;

e. such dwelling has operational exist signs and a fire alarm system

complying with the provisions for existing transient occupancies in

accordance with local law and had such exit signs and fire alarm system

on January first, two thousand nine; and

f. such dwelling units used for other than permanent residence

purposes are registered with the department within one hundred eighty

days after the effective date of this section in a form and manner to be

provided by such department, including a requirement that the applicant

submit certification of compliance with paragraphs d and e of this

subdivision, signed and sealed by a registered architect or licensed

professional engineer in good standing under the education law. The

department may assess fees to cover all costs associated with such

registration. The department may refuse to register dwelling units or

may revoke such registration if it determines such dwelling units or

dwelling do not comply with the conditions for registration set forth in

paragraphs a through e of this subdivision.

2. The owner shall obtain a certificate of occupancy for the use of

registered dwelling units for other than permanent residence purposes

within two years after the effective date of this section. Upon

application prior to the expiration of such two year period, the

department may, for good cause, extend such time for up to one

additional year but no such extension shall be granted unless the

department finds that:

a. the owner has obtained the necessary permit or permits for all work

necessary to bring such dwelling into compliance with the requirements

of this chapter and all local housing, building and fire codes for the

use of dwelling units for other than permanent residence purposes;

b. all construction authorized by such permit or permits has been

substantially completed; and

c. there are no considerations of public safety, health and welfare

that have become apparent since the issuance of the above described

permit or permits that indicate an overriding benefit to the public in

enforcing the requirement that the applicant obtain a certificate of

occupancy for the use of registered dwelling units for other than

permanent residence purposes within two years after the effective date

of this section.

3. Upon application prior to the expiration of the time for obtaining

a certificate of occupancy, as extended by the department pursuant to

subdivision two of this section, the board of standards and appeals may

grant a further extension of time to obtain a certificate of occupancy

in a case where there are circumstances beyond the applicant's control

or hardship in the way of obtaining such certificate within the time

allowed by the department but no more than one such extension of fifteen

months shall be granted for a building and no such extension shall be

granted unless the board finds that there are no outstanding building or

fire code violations of record at the property.

4. The department shall issue such certificate of occupancy upon proof

that said dwelling conforms in all respects to the requirements of this

chapter and all local housing, building and fire codes for the use of

dwelling units for other than permanent residence purposes. If no such

certificate of occupancy is issued within two years after the effective

date of this section or, if applicable, within the time as extended by

the department or as further extended by the board of standards and

appeals, all use of dwelling units for other than permanent residence

purposes shall thereafter cease.

5. If after a certificate of occupancy is issued pursuant to

subdivision four of this section, the use of such dwelling units for

other than permanent residence purposes is discontinued, nothing in this

section shall be construed to limit the application of the local zoning

resolution with respect to such discontinuance.