N.Y. Multiple Dwelling Law § 3: Application to cities, towns and villages

§ 3. Application to cities, towns and villages. 1. This chapter shall

apply to all cities with a population of three hundred twenty-five

thousand or more.

2. The legislative body of any other city, town or village may adopt

the provisions of this chapter and make the same applicable to dwellings

within the limits of such city, town or village by the passage of a

local law or ordinance adopting the same; and upon the passage of such

local law or ordinance all of the provisions of articles one, two,

three, four, five, ten and eleven and such sections or parts of sections

of the other articles of this chapter as such local law or ordinance

shall enumerate, shall apply to such city, town or village from the date

stated in such law or ordinance.

3. Except as herein otherwise specified, every multiple dwelling shall

be constructed or maintained in conformity with other applicable laws.

4. a. Any city, town or village may make local laws, ordinances,

resolutions or regulations not less restrictive than those provided in

this chapter and may provide for their enforcement by legal or equitable

actions or proceedings, and prescribe the penalties, sanctions and

remedies for violations thereof. In the enforcement and administration

of this chapter in a city of three hundred twenty-five thousand or more

persons, the penalties, sanctions and remedies enacted by local law may

be applied, notwithstanding their inconsistency with this chapter, or

the provisions of this chapter.

b. In a city of three hundred twenty-five thousand or more persons,

such local laws may authorize such actions or proceedings against the

owner, lessee of a whole multiple dwelling, agent or other person having

control of such dwelling, and any responsible party, or against the

dwelling in rem. Such local laws may further authorize (1) that civil

penalties may be enforced against the person liable therefor, and that

in addition to the methods of enforcement for judgments established in

the civil practice law and rules, a lien may be imposed against the

premises and the rents therefrom; (2) that such civil penalties may be

enforced against the dwelling by the imposition of a lien against the

rents therefrom.

c. Such local laws may also authorize that all liens upon rents,

whether authorized by state or local law, may be satisfied without

further judicial proceedings by the collection of rents due or to become

due.

5. Whenever a provision of any local law, ordinance, resolution or

regulation is more restrictive in a requirement for height, area or use,

such local law, ordinance, resolution or regulation shall govern and

take precedence over any lesser requirements of this chapter. When,

however, the provisions of this chapter impose more restrictive

requirements, the provisions of this chapter shall govern.

6. A local law, ordinance, resolution or regulation shall not prohibit

in any class A multiple dwelling erected after April eighteenth,

nineteen hundred twenty-nine, in compliance with the provisions of this

chapter, the use of wood for sleepers, grounds, nailing blocks,

underflooring or finish flooring or, within apartments, doors with their

assemblies, interior trim and assemblies of exterior windows, interior

finish, closet fixtures, kitchen fixtures, shelving, cupboards, cabinets

or wardrobes.

7. Except as provided in subdivisions four and five, a local law,

ordinance, rule or regulation shall not modify or dispense with any

provision of this chapter.

8. Wherever the word "city" occurs in this chapter, it shall be

construed as though followed by the words "or town or village to which

this chapter is applicable." The words "charter," "ordinance,"

"resolution," "regulation," "building code," "department of health,"

"department of water supply," "fire department," "department," "board,"

"city engineer," "corporation counsel," "city treasury," or "fire

limits," shall be construed as if followed by the words "or

corresponding authority of any city, town or village to which this

chapter is applicable and in which the dwelling or location referred to

is situated."

9. Wherever in any statute of the state other than this chapter, or in

any local law, ordinance, resolution or regulation, reference is made to

the tenement house law in relation to a city to which this chapter is

applicable, such reference shall be construed as applying to the

provisions of this chapter. If reference be made therein to any section

or other part of the tenement house law, such reference shall be

construed as applying to the provisions of this chapter relating to the

same subject matter as the said section or part. If reference be made

therein to a "tenement house," such reference shall be construed as

applying to a class A multiple dwelling.

10. Wherever the date April eighteenth, nineteen hundred twenty-nine,

shall appear in this chapter such date shall be construed as if followed

by the words "or the date when this chapter or any of its provisions

became or becomes applicable to any city, town or village outside the

City of New York."

11. Notwithstanding any other provision of this section, the following

enumerated articles, sections and subdivisions of sections of this

chapter shall not apply to the construction or alteration of multiple

dwellings for which an application for a permit is made to the

department after December sixth, nineteen hundred sixty-nine in a city

having a population of one million or more which adopts or has adopted

local laws, ordinances, resolutions or regulations providing protection

from fire hazards and making provision for escape from fire in the

construction and alteration of multiple dwellings and in other respects

as protective as local law seventy-six of the laws of the city of New

York for nineteen hundred sixty-eight and covering the same subject

matter as the following: subdivisions twenty-five, twenty-seven,

twenty-eight, thirty-five-c, thirty-six and thirty-nine of section four,

subdivision three of section twenty-eight, sections thirty-six,

thirty-seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five,

sixty, sixty-one, sixty-seven, subdivisions one, two, four and five of

section seventy-five, article four, article five, article five-A,

article six and article seven-B; except that after December sixth,

nineteen hundred sixty-nine where a multiple dwelling erected prior to

December sixth, nineteen hundred sixty-nine is altered, or a building

erected prior to December sixth, nineteen hundred sixty-nine is

converted to a multiple dwelling pursuant to a permit applied for to the

department having jurisdiction, the foregoing articles, sections and

subdivisions of sections shall remain applicable where a local law of

such city authorizes such alteration or conversion to be made, at the

option of the owner, either in accordance with the requirements of the

building law and regulations in effect in such city prior to December

sixth, nineteen hundred sixty-eight or the requirements of the building

law and regulations in effect after such date, and the owner elects to

comply with the requirements of the building law and regulations in

effect prior to December sixth, nineteen hundred sixty-eight.