N.Y. Multiple Dwelling Law § 300: Permits

§ 300. Permits. 1. It shall be unlawful to commence the construction

or alteration of a multiple dwelling or any part or section thereof, or

of any building or structure on the same lot with such a dwelling, or

the alteration or conversion of a building for use as a multiple

dwelling, or the moving of a dwelling from one lot to another, until the

issuance of a permit by the department upon compliance with all of the

following requirements:

a. The owner, or a registered architect or licensed professional

engineer designated by the owner as his agent, shall file with the

department, upon a form furnished by it, a detailed statement of the

specifications for the construction, alteration, conversion or moving of

such dwelling or structure and for its use and occupancy, together with

as many complete copies of the plans of such work as may be required by

the department.

b. Such statement shall give the name and residence, by street and

number, of the owner of such dwelling or structure. If such

construction, alteration, conversion or moving is proposed to be done by

any other person than the owner of the land in fee, such statement shall

also contain the name and residence, by street and number, of every

person interested in such land and dwelling, either as owner, as lessee

or in any representative capacity.

c. Such statement shall be verified by an affidavit of the person

making it. Said affidavit shall allege that said specifications and

plans are true and contain a correct description of such dwelling or

structure, of the class and kind thereof, of its occupancy of the lot

and of the proposed work. No architect or engineer shall be recognized

as the agent of the owner unless he shall file with the department a

written instrument, signed by the owner, designating him as such agent.

Any false allegation in respect to a material point shall be deemed

perjury.

d. Such specifications, plans and statements shall be filed in the

department, which shall cause them to be examined. If such plans and

specifications conform to the provisions of this chapter, to the

building code and regulations, and to all other applicable law, they

shall be approved by the department, and a written certificate to that

effect shall be issued to the person entitled thereto.

2. The construction, alteration, conversion or moving of such dwelling

or structure or any section or part thereof shall be in accordance with

such approved specifications, plans and statements. The department may

approve changes in any plans, specifications and statements previously

approved by it, provided that when so changed they are in conformity

with law and with the provision of subdivision four.

3. Nothing contained in this section shall prevent the department from

issuing a permit for the erection of the foundation or cellar walls of a

dwelling, provided plans have been filed and approved in the department

for the erection of such walls, but no construction above the first tier

of beams shall be authorized under such permit.

4. Any permit or approval which may be issued by the department, but

under which no work has been done above the foundation or cellar walls

within two years from the time of the issuance of such permit or

approval, shall expire. The department may reissue any permit or renew

any approval that has so expired, but shall require, except as otherwise

provided in subdivision one of section twenty-six, that the plans be

made to conform with any amendments to any laws applicable thereto that

may have been enacted after the approval of the original application.

5. Any permit or approval issued for plans filed prior to December

fifteenth, nineteen hundred sixty-one, where such plans do not comply

with the provisions of paragraph d of subdivision one of section

twenty-six, shall expire on December fifteenth, nineteen hundred

sixty-seven.

6. No room in a cellar or basement shall be occupied for living

purposes unless the department shall issue a written permit for such

occupancy after all the applicable provisions of law have been complied

with. If such permit is refused or revoked, the reason for such action

shall be stated by the department in writing and a copy of such

statement shall be recorded by the department and be accessible to the

public. In a tenement such permit shall be kept readily accessible in

the main living room of the apartment containing such cellar or basement

room.

7. The department shall have power to revoke or cancel any permit or

approval in case of any failure to comply with any of the provisions of

this chapter, or in case any false allegation or representation is made

in any specifications, plans or statements submitted or filed for such

permit or approval.

8. All specifications, plans, permits and statements filed in the

department shall be public records and shall not be removed from the

department.