N.Y. Multiple Dwelling Law § 4: Definitions

§ 4. Definitions. Certain words and terms when used in this chapter,

unless the context or subject matter requires otherwise, are defined as

follows:

1. Wherever the word or words "occupied," "is occupied," "used" or "is

used" appear, such word or words shall be construed as if followed by

the words "or is intended, arranged or designed to be used or occupied."

2. The word "shall" is always mandatory.

3. The term "department" shall mean the department, bureau, division

or other agency charged with the enforcement of this chapter.

4. A "dwelling" is any building or structure or portion thereof which

is occupied in whole or in part as the home, residence or sleeping place

of one or more human beings.

5. A "family" is either a person occupying a dwelling and maintaining

a household, with not more than four boarders, roomers or lodgers, or

two or more persons occupying a dwelling, living together and

maintaining a common household, with not more than four boarders,

roomers or lodgers. A "boarder," "roomer" or "lodger" residing with a

family shall mean a person living within the household who pays a

consideration for such residence and does not occupy such space within

the household as an incident of employment therein.

6. A "private dwelling" is any building or structure designed and

occupied exclusively for residence purposes by not more than two

families.

A building designed for and occupied exclusively by one family is a

"single-family private dwelling."

A building designed for and occupied exclusively by two families is a

"two-family private dwelling."

Private dwellings shall also be deemed to include a series of

one-family or two-family dwelling units each of which faces or is

accessible to a legal street or public thoroughfare provided that each

such dwelling unit is equipped as a separate dwelling unit with all

essential services, and also provided that each such unit is arranged so

that it may be approved as a legal one-family or two-family dwelling.

7. A "multiple dwelling" is a dwelling which is either rented, leased,

let or hired out, to be occupied, or is occupied as the residence or

home of three or more families living independently of each other. On

and after July first, nineteen hundred fifty-five, a "multiple dwelling"

shall also include residential quarters for members or personnel of any

hospital staff which are not located in any building used primarily for

hospital use provided, however, that any building which was erected,

altered or converted prior to July first, nineteen hundred fifty-five,

to be occupied by such members or personnel or is so occupied on such

date shall not be subject to the requirements of this chapter only so

long as it continues to be so occupied provided there are local laws

applicable to such building and such building is in compliance with such

local laws. A "multiple dwelling" shall not be deemed to include a

hospital, convent, monastery, asylum or public institution, or a

fireproof building used wholly for commercial purposes except for not

more than one janitor's apartment and not more than one penthouse

occupied by not more than two families. For the purposes of this chapter

"multiple dwellings" are divided into two classes: "class A" and "class

B."

8. a. A "class A" multiple dwelling is a multiple dwelling that is

occupied for permanent residence purposes. This class shall include

tenements, flat houses, maisonette apartments, apartment houses,

apartment hotels, bachelor apartments, studio apartments, duplex

apartments, kitchenette apartments, garden-type maisonette dwelling

projects, and all other multiple dwellings except class B multiple

dwellings. A class A multiple dwelling shall only be used for permanent

residence purposes. For the purposes of this definition, "permanent

residence purposes" shall consist of occupancy of a dwelling unit by the

same natural person or family for thirty consecutive days or more and a

person or family so occupying a dwelling unit shall be referred to

herein as the permanent occupants of such dwelling unit. The following

uses of a dwelling unit by the permanent occupants thereof shall not be

deemed to be inconsistent with the occupancy of such dwelling unit for

permanent residence purposes:

(1) (A) occupancy of such dwelling unit for fewer than thirty

consecutive days by other natural persons living within the household of

the permanent occupant such as house guests or lawful boarders, roomers

or lodgers; or

(B) incidental and occasional occupancy of such dwelling unit for

fewer than thirty consecutive days by other natural persons when the

permanent occupants are temporarily absent for personal reasons such as

vacation or medical treatment, provided that there is no monetary

compensation paid to the permanent occupants for such occupancy.

(2) In a class A multiple dwelling owned by an accredited

not-for-profit college or university or leased by such a college or

university under a net lease for a term of forty-nine years or more, the

use of designated dwelling units for occupancy for fewer than thirty

consecutive days shall not be inconsistent with the occupancy of such

multiple dwelling for permanent residence purposes if:

(A) No more than five percent of the dwelling units in such multiple

dwelling but not less than one dwelling unit, are designated for such

use and the designation of a unit once made may not be changed to

another unit;

(B) A list of the designated dwelling units certified by an authorized

representative of the college or university is kept on the premises by

the owner or net lessee and made available upon request for inspection

by the department or the fire department of such city;

(C) Only designated dwelling units on the certified list are used for

occupancy for fewer than thirty consecutive days and only by (i) natural

persons, other than persons whose only relationship with the college or

university is as a student, for whom the college or university has

undertaken to provide housing accommodations such as visiting professors

and academics, graduate students with research or teaching fellowships,

researchers and persons presenting academic papers, interviewing for

positions of employment or having other similar business with the

college or university, or (ii) natural persons for whom a hospital

affiliated with such college or university has undertaken to provide

housing accommodations such as patients, patients' families and/or

accompanying escorts, medical professionals and healthcare consultants

or persons having other similar business with such hospital. A log shall

be maintained on the premises of the names and addresses of such persons

and the duration and reason for their stay. Such log shall be accessible

upon request for inspection by the department and the fire department of

such municipality;

(D) No rent or other payment is collected for such occupancy; and

(E) The fire department of such city shall require the filing of a

fire safety plan or other appropriate fire safety procedure.

b. A "garden-type maisonette dwelling project" is a series of

attached, detached or semi-detached dwelling units which are provided as

a group collectively with all essential services such as, but not

limited to, water supply and house sewers, and which units are located

on a site or plot not less than twenty thousand square feet in area

under common ownership and erected under plans filed with the department

on or after April eighteenth, nineteen hundred fifty-four, and which

units together and in their aggregate are arranged or designed to

provide three or more apartments.

9. A "class B" multiple dwelling is a multiple dwelling which is

occupied, as a rule transiently, as the more or less temporary abode of

individuals or families who are lodged with or without meals. This class

shall include hotels, lodging houses, rooming houses, boarding houses,

boarding schools, furnished room houses, lodgings, club houses, college

and school dormitories and dwellings designed as private dwellings but

occupied by one or two families with five or more transient boarders,

roomers or lodgers in one household.

10. A "converted dwelling" is a dwelling (a) erected before April

eighteenth, nineteen hundred twenty-nine, to be occupied by one or two

families living independently of each other and subsequently occupied as

a multiple dwelling, or (b) a dwelling three stories or less in height

erected after April eighteenth, nineteen hundred twenty-nine, to be

occupied by one or two families living independently of each other and

subsequently occupied by not more than three families in all, with a

maximum occupancy of two families on each floor in a two story building

and one family on each floor in a three story building, in compliance

with the provisions of article six of this chapter, including section

one hundred seventy-a of said article. A converted dwelling occupied as

a class A multiple dwelling is a class A converted dwelling; every other

converted dwelling is a class B converted dwelling.

11. A "tenement" is any building or structure or any portion thereof,

erected before April eighteenth, nineteen hundred twenty-nine, which is

occupied, wholly or in part, as the residence of three families or more

living independently of each other and doing their cooking upon the

premises, and includes apartment houses, flat houses and all other

houses so erected and occupied, except that a tenement shall not be

deemed to include any converted dwelling. An "old-law tenement" is a

tenement existing before April twelfth, nineteen hundred one, and

recorded as such in the department before April eighteenth, nineteen

hundred twenty-nine, except that it shall not be deemed to include any

converted dwelling.

12. A "hotel" is an inn having thirty or more sleeping rooms.

13. A "rooming house" or a "furnished room house" is a multiple

dwelling, other than a hotel, having less than thirty sleeping rooms and

in which persons either individually or as families are housed for hire

or otherwise with or without meals. An inn with less than thirty

sleeping rooms is a rooming house.

14. A "lodging house" is a multiple dwelling, other than a hotel, a

rooming house or a furnished room house, in which persons are housed for

hire for a single night, or for less than a week at one time, or any

part of which is let for any person to sleep in for any term less than a

week.

15. An "apartment" is that part of a multiple dwelling consisting of

one or more rooms containing at least one bathroom and arranged to be

occupied by the members of a family, which room or rooms are separated

and set apart from all other rooms within a multiple dwelling.

16. "Single room occupancy" is the occupancy by one or two persons of

a single room, or of two or more rooms which are joined together,

separated from all other rooms within an apartment in a multiple

dwelling, so that the occupant or occupants thereof reside separately

and independently of the other occupant or occupants of the same

apartment. When a class A multiple dwelling is used wholly or in part

for single room occupancy, it remains a class A multiple dwelling.

17. A "public hall" is a hall, corridor or passageway within a

building but outside of all apartments and suites of private rooms. A

"public vestibule" is a corridor, not within an apartment or suite of

private rooms, providing access to a stair or elevator and not wider

than seven feet nor longer than twice the width of the stair or elevator

shafts opening upon it. A "public room" or "public part" of a dwelling

is a space used in common by the occupants of two or more apartments or

rooms, or by persons who are not tenants, or exclusively for mechanical

equipment of such dwelling or for storage purposes.

18. A "living room" is a room which is not a public hall, public

vestibule, public room or other public part of a dwelling. Every room

used for sleeping purposes shall be deemed a living room. Dining bays

and dinettes fifty-five square feet or less in floor area, foyers,

water-closet compartments, bathrooms, cooking spaces less than eighty

square feet in area, and halls, corridors and passageways entirely

within an apartment or suite of rooms shall not be deemed living rooms.

"Floor space" shall mean the clear area of the floor contained within

the partitions or walls enclosing any room, space, foyer, hall or

passageways of any dwelling.

19. A "dining bay," "dining recess" or "dinette" is a recess used for

dining purposes off a living room, foyer or kitchen.

20. A "foyer" is a space within an apartment or suite of rooms used as

an entrance hall directly from a public hall.

21. A "dormitory" in a lodging house is any place used for sleeping

purposes. A "cubicle" is a small partially enclosed sleeping space

within a dormitory with or without a window to the outer air.

22. "Premises" shall mean land and improvements or appurtenances or

any part thereof.

23. "Structure" shall mean a building or construction of any kind.

24. "Alteration," as applied to a building or structure, shall mean

any change or rearrangement in the structural parts or in the egress

facilities of any such building or structure, or any enlargement

thereof, whether by extension on any side or by any increase in height,

or the moving of such building or structure from one location or

position to another.

25. A "fireproof multiple dwelling" is one in which the walls and

other structural members are of incombustible materials or assemblies

meeting all of the requirements of the building code and with standard

fire-resistive ratings of not less than one of the following sets of

requirements:

a. For any multiple dwelling more than one hundred feet in height,

four hours for fire walls, party walls, piers, columns, interior

structural members which carry walls, girders carrying columns, and for

exterior walls other than panel walls; three hours for other girders,

fire partitions, floors including their beams and girders, beams, roofs,

floor fillings, and stairway enclosures; and two hours for exterior

panel walls.

b. For any multiple dwelling one hundred feet or less in height, the

provisions of preceding paragraph a shall apply, except that the minimum

requirements shall be three hours for exterior walls other than panel

walls, which shall be two hours; two hours for protection of interior

columns; one and one-half hours for roofs and for floors and beams;

provided, however, that for a multiple dwelling three stories or less in

height, the requirement for all floors and the roof shall be one hour.

26. The term "fireproof," as applied to a part or parts of a building,

means such part or parts are made of incombustible materials with

standard fire-resistive ratings not less than those required for the

corresponding part or parts of a fireproof dwelling.

27. A "non-fireproof dwelling" is one which does not meet the

requirements for a fireproof dwelling.

28. A "frame dwelling" is a dwelling of which the exterior walls or

any structural parts of such walls are of wood. A dwelling which would

not otherwise be a frame dwelling shall not be deemed a frame dwelling

by reason of the existence on such dwelling of frame oriel, bay or

dormer windows, frame porches not more than one story in height, or

frame extensions not more than one story in height and fifty-nine square

feet in area if such windows, porches or extensions were erected prior

to April thirteenth, nineteen hundred forty.

29. The term "fire-retarded," as applied to a part or parts of a

building, means such part or parts are either covered with metal lath

plastered with two or more coats of mortar or otherwise protected

against fire in a manner approved by the department with materials of

standard fire-resistive ratings of at least one hour. Fireproofing shall

always be accepted as meeting any requirement for fire-retarding.

30. "Fire-stopping" means the closing of all concealed draft openings

to form an effectual fire barrier at floors, ceilings and roofs with

brick, concrete, gypsum, asbestos, mineral wool, rock wool, metal lath

with cement or gypsum plaster, or other approved incombustible

materials.

31. A "lot" is a parcel or plot of ground which is or may be occupied

wholly or in part by a dwelling, including the spaces occupied by

accessory or other structures and any open or unoccupied spaces thereon,

but not including any part of an abutting public street or thoroughfare.

a. A "corner lot" is a lot of which at least two adjacent sides abut

for their full length upon streets or public places not less than forty

feet in width. That portion of a corner lot in excess of one hundred

feet from any street on which the lot abuts shall be considered an

interior lot.

An "interior lot" is a lot which is neither a corner lot nor a through

lot.

b. The "front" of a lot is that boundary line which abuts on the

street, or, if there be more than one street abutting, on the street

designated by the owner. The "rear" of a lot is the side opposite the

front.

c. The "depth" of a lot is the distance from the front of the lot to

the extreme rear line of the lot. In the case of an irregular-shaped lot

the mean depth shall be taken.

d. A "through lot" is a lot running through from street to street

whose front and rear lines abut for their entire lengths upon streets or

open public places; provided, however, that when either of said lines

exceeds the other in length by more than twenty per centum, that part of

the lot contiguous to the excess length of the longer line shall be

deemed an interior lot. The department may designate which part of the

longer line is the excess in length and make any reasonable

interpretation of the part of the lot to be regarded as contiguous to

such excess.

e. Lots or portions of lots shall be deemed "back to back" when they

are on opposite sides of the same part of a rear line common to both and

the opposite street lines on which the lots front are parallel with each

other or make an angle with each other of not more than forty-five

degrees.

32. A "rear yard" is an open space on the same lot with a dwelling

between the extreme rear line of the lot and the extreme rear wall of

the dwelling. A "side yard" is a continuous open space on the same lot

with a dwelling between the wall of a dwelling and a line of the lot

from the street to a rear yard or rear line of a lot. A "court" is an

open space other than a side or rear yard, on the same lot as a

dwelling. A court not extending to the street or rear yard is an "inner

court". A court extending to the street or rear yard is an "outer

court".

32-a. "A rear yard equivalent" is an open area which may be required

on a through lot as an alternative to a required rear yard.

33. The "curb level", for the purpose of measuring the height of any

portion of a building, is the level of the curb at the center of the

front of the building; except that where a building faces on more than

one street, the curb level is the average of the levels of the curbs at

the center of each front. Where no curb elevation has been established

the average elevation of the final grade adjoining all exterior walls of

a building, calculated from grade elevations taken at intervals of ten

feet around the exterior walls of the building, shall be considered the

curb level, unless the city engineer shall establish such curb level or

its equivalent.

34. A "street wall" of a building, at any level, is the wall of the

building nearest to a street line abutting the property.

35. a. The "height" of a dwelling is the vertical distance from the

curb level to the level of the highest point of the roof beams; except

that, in the case of pitched roofs, it is the vertical distance from the

curb level to the mean height level of the gable or roof above the

vertical street wall. When no roof beams exist or when there are

structures wholly or partly above the roof, the height shall, except as

otherwise expressly provided, be measured from the curb level to the

level of the highest point of any such structure; except that where

every part of the building is set back more than twenty-five feet from a

street line, the height shall be measured from the average grade

elevation calculated from the final grade elevations taken at intervals

of ten feet around the exterior walls of the building.

b. Except as otherwise provided in section two hundred eleven, the

following superstructure shall not be considered in measuring the height

of a dwelling; parapet walls or guard railings, other superstructures

twelve feet or less in height and occupying fifteen per centum or less

of the area of the roof, elevator enclosures thirty feet or less in

height used solely for elevator purposes, enclosures fifty feet or less

in height used solely for tanks, cooling towers or other mechanical

equipment; and, when approved by the department, pergolas, spires,

chimneys, other ornamental treatments, roof gardens and playgrounds.

c. When on the main roof of any fireproof multiple dwelling erected

after April eighteenth, nineteen hundred twenty-nine, in which one or

more passenger elevators are operated, a penthouse dwelling is erected

the height of which does not exceed twelve feet and the walls of which

are set back as provided in this paragraph, the height of such multiple

dwelling shall be measured as though no such penthouse had been erected

thereon. Such penthouse walls shall be set back from the outer face of

the front parapet wall at least five feet, from the outer face of the

yard parapet wall at least ten feet, and from the inner face of every

other parapet wall at least three feet; except that the setback so

required from any parapet wall facing any court or yard or recess

therefrom but not facing any street may be reduced one-third for each

ten per centum by which the area of such court or yard exceeds the

required minimum area thereof at the highest level of such parapet wall,

and the setback so required from any parapet wall facing any street may

be reduced one foot for each foot that such parapet wall is set back

from the building line established by law at the highest level of such

parapet wall, provided that in the opinion of the department safe and

sufficient passage is provided to and from every part of the main roof.

Any penthouse wall which may be flush with the inner face of any parapet

wall may be flush with the outer face thereof.

d. If a rear multiple dwelling is erected after April eighteenth,

nineteen hundred twenty-nine, on the same lot as a front multiple

dwelling, and the depth of the yard of the front multiple dwelling is

more than sixty feet and the lowest point of such yard is below the curb

level and below the floor of a cellar of the front multiple dwelling or

of the lowest story thereof if there is no cellar, the height of the

rear multiple dwelling shall be measured from such lowest point instead

of from the curb level.

36. A "story" is a space between the level of one finished floor and

the level of the next higher finished floor, or, if the top story, of

the space between the level of the highest finished floor and the top of

the highest roof beams, or, if the first story, of the space between the

level of the finished floor and the finished ceiling immediately above.

For the purpose of measuring height by stories in multiple dwellings

erected after April eighteenth, nineteen hundred twenty-nine, one

additional story shall be added for each twelve feet or fraction thereof

that the first story exceeds fifteen feet in height, and for each twelve

feet or fraction thereof that any story above the first story exceeds

twelve feet in height.

37. A "cellar" in a dwelling is an enclosed space having more than

one-half of its height below the curb level; except that where every

part of the building is set back more than twenty-five feet from a

street line, the height shall be measured from the adjoining grade

elevations calculated from final grade elevations taken at intervals of

ten feet around the exterior walls of the building. A cellar shall not

be counted as a story.

38. A "basement" is a story partly below the curb level but having at

least one-half of its height above the curb level; except that where

every part of the building is set back more than twenty-five feet from a

street line, the height shall be measured from the adjoining grade

elevations calculated from final grade elevations taken at intervals of

ten feet around the exterior walls of the building. A basement shall be

counted as a story in determining height, except as provided in

paragraph e of subdivision six of section one hundred two.

39. A "section" of a multiple dwelling is a part thereof, other than

an apartment or suite of rooms, separated as a unit from the rest of

such dwelling by fireproof construction.

40. A "shaft" is an enclosed space extending through one or more

stories of a building connecting a series of openings therein, or any

story or stories and the roof, and includes exterior and interior shafts

whether for air, light, elevator, dumbwaiter or any other purpose.

41. A "stair" is a flight or flights of steps together with any

landings and parts of public halls through which it is necessary to pass

in going from one level thereof to another.

42. a. A "fire-tower" is a fireproof stair, enclosed in fireproof

walls, without access to the building from which it affords egress other

than by a fireproof self-closing door opening on a communicating balcony

or other outside platform at each floor level.

b. A "fire-stair" is a fireproof stair, enclosed in fireproof walls,

within the body of the building which it serves, to which access may be

had only through self-closing fireproof doors.

c. A "fire-escape" is a combination of outside balconies and stairs

providing an unobstructed means of egress from rooms or spaces in a

building.

d. A "panel wall" is a non-bearing wall in skeleton construction

erected between columns or piers and wholly supported at each story.

43. Window dimensions shall always be taken between stop-beads or, if

there are no stop-beads, between the sides, head and sill of the sash

opening.

44. The term "owner" shall mean and include the owner or owners of the

freehold of the premises or lesser estate therein, a mortgagee or vendee

in possession, assignee of rents, receiver, executor, trustee, lessee,

agent, or any other person, firm or corporation, directly or indirectly

in control of a dwelling. Whenever a multiple dwelling shall have been

declared a public nuisance to any extent pursuant to paragraph b of

subdivision one of section three hundred nine of this chapter and such

declaration shall have been filed as therein provided, the term "owner"

shall be deemed to include, in addition to those mentioned hereinabove,

all the officers, directors and persons having an interest in more than

ten per cent of the issued and outstanding stock of the owner as herein

defined, as holder or beneficial owner thereof, if such owner be a

corporation other than a banking organization as defined in section two

of the banking law, a national banking association, a federal savings

and loan association, The Mortgage Facilities Corporation, Savings Banks

Life Insurance Fund, The Savings Banks Retirement System, an authorized

insurer as defined in section one hundred seven of the insurance law, or

a trust company or other corporation organized under the laws of this

state all the capital stock of which is owned by at least twenty savings

banks or a subsidiary corporation all of the capital stock of which is

owned by such trust company or other corporation.