N.Y. Multiple Dwelling Law § 9: Buildings converted or altered

§ 9. Buildings converted or altered. 1. On or after December

fifteenth, nineteen hundred sixty-one, no multiple dwelling shall be

enlarged or its lot diminished so that the yard or other unoccupied

areas shall be less in size or area than the minimum dimensions

prescribed in section twenty-six.

2. A building not a dwelling, if converted or altered after April

eighteenth, nineteen hundred twenty-nine, to a multiple dwelling, shall

thereupon become subject to all the provisions of this chapter

applicable to dwellings of like class and kind erected after such date.

3. A dwelling of one class or kind, altered or converted after April

eighteenth, nineteen hundred twenty-nine, to another class or kind,

except as hereinafter in this section and in articles six and seven

otherwise provided, shall thereupon become subject to all the provisions

of this chapter applicable to a building of that class or kind, erected

after such date, to which it is altered or converted.

4. No dwellings shall be altered so as to be in violation of any

provision of this chapter relating to dwellings of like class and kind

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

that it shall be sufficient for the purposes of this section that

tenements shall comply with article seven, converted dwellings comply

with article six, and lodging houses comply with section sixty-six.

Nothing in this section shall, however, be deemed to prohibit the

conversion or alteration of any multiple dwelling, other than a

converted dwelling and a lodging house, from a class A to a class B

multiple dwelling, or vice-versa, provided that the entire dwelling is

of fireproof construction and is made to conform to the applicable

provisions of section sixty-seven, and to all other provisions of this

chapter applicable to multiple dwellings of like class and kind erected

before April eighteenth, nineteen hundred and twenty-nine.

5. a. Any multiple dwelling may be altered to conform with any

provision of this chapter applicable to dwellings of like class and kind

and not expressly limited in application to dwellings erected after

April eighteenth, nineteen hundred twenty-nine; or to conform to the

provisions of this chapter relating to egress, or to exits from

apartments, in dwellings of like class and kind erected after such date

if such dwelling also conforms or is made to conform to all the

requirements relating to stairs and public halls in dwellings erected

after such date, except that existing dimensions of stair landings,

treads and risers need not be changed.

b. An apartment in any part of a fireproof multiple dwelling erected

before April eighteenth, nineteen hundred twenty-nine, may be altered or

subdivided and need not conform to the requirements of paragraph a of

this section relating to stairs and public halls provided each newly

created apartment has access to a public hall which provides horizontal

egress to at least two stairs. If both of such stairs are not arranged

and designed as required by sections two hundred thirty-six and two

hundred thirty-seven, at least one of such stairs shall be so arranged

and designed, and the other shall be arranged and designed as required

by section two hundred thirty-nine. Both stairs shall be protected by

automatic sprinkler heads throughout.

6. Any tenement previously converted to other uses may be altered or

reconverted to a tenement by complying with the provisions of article

seven, provided, however, that its height and bulk were not enlarged

prior to such alteration or reconversion except as permitted by and in

accordance with the provisions of sections two hundred eleven and two

hundred twelve of this chapter.

7. In any class B multiple dwelling, except a rooming house or lodging

house, any apartment may be occupied as an apartment in a class A

multiple dwelling, provided such apartment complies with all the

requirements for apartments in class A multiple dwellings erected after

April eighteenth, nineteen hundred twenty-nine. In any rooming house or

lodging house, one apartment may be occupied as an apartment in a class

A multiple dwelling, provided such apartment is occupied solely by the

owner, janitor, superintendent or caretaker.

8. Any apartment in any class A multiple dwelling may be occupied for

single room occupancy only if such dwelling complies with the provisions

of section two hundred forty-eight and all other provisions of this

chapter applicable to such dwelling.

9. Excepting a frame dwelling, any dwelling three stories or less in

height erected after April eighteenth, nineteen hundred twenty-nine as a

one or two-family dwelling may be converted to a multiple dwelling to be

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, provided however that it

shall be unlawful for any such dwelling converted at any time since

October fifteenth, nineteen hundred fifty-two, to have any boarders or

roomers. In each such instance, compliance shall be required with all

the provisions of article six, including section one hundred seventy-a

of said article.

10. If any class A dwelling erected before April eighteenth, nineteen

hundred twenty-nine, is altered so as to increase the number of living

rooms by more than twenty per centum, such dwelling, except as otherwise

provided in sections two hundred eighteen, two hundred thirty-five and

two hundred thirty-six, shall be made to conform to the requirements of

this chapter with respect to class A dwellings of like class and kind

erected after such date.