N.Y. Multiple Residence Law § 302: Certificate of occupancy

§ 302. Certificate of occupancy. 1. No multiple dwelling shall be

occupied in whole or in part until the issuance of a certificate by the

department that said dwelling conforms in all respects to the

requirements of this chapter, except that no such certificate shall be

required for any multiple dwelling existing on July first, nineteen

hundred fifty-two, for which a certificate of occupancy was not required

before such date and in which no changes or alterations commenced on or

after such date have been made except in compliance with this chapter,

and except that a certificate shall be required prior to July first,

nineteen hundred fifty-seven for any dwelling, the plans for the

alteration or conversion of which to multiple dwelling occupancy were on

file with the department or a permit authorizing such conversion was

issued before such date and for which a certificate of occupancy upon

completion of such conversion or alteration was not required before such

date. This exception shall not be deemed to relieve any owner from the

obligation to make such dwelling comply with the applicable provisions

of this chapter.

2. Except as above provided, no dwelling constructed as or altered or

converted into a multiple dwelling on or after July first, nineteen

hundred fifty-two, shall be occupied in whole or in part until the

issuance of a certificate of occupancy.

3. The department shall, on request of the owner or of his certified

agent, issue a certificate of occupancy for any old multiple dwelling

not requiring such certificate, provided that, after an inspection by

the department, no violations are found against such dwelling.

4. A certificate of occupancy shall be issued within ten days after

written application therefor, if the dwelling shall be entitled thereto.

When the department does not issue such certificate within ten days, the

head of the department shall, on the request of the owner or his

certified agent, issue a temporary certificate of occupancy for a

multiple dwelling or a section or a part thereof for a period of ninety

days or less, provided that such certificate shall bear the endorsement

that the dwelling has been inspected by the department and complies with

all the requirements of this chapter, and that such temporary occupancy

will not jeopardize life, health or property. Such temporary certificate

may be renewed at the discretion of the head of the department for

similar periods but shall not extend, together with such renewals,

beyond one year from the date of its original issuance.

5. A certificate, a record in the department, or a statement signed by

the head of the department that a certificate has been issued, may be

relied upon by every person who in good faith purchases a multiple

dwelling or who in good faith lends money upon the security of a

mortgage covering such a dwelling. Whenever any person has so relied

upon such a certificate, no claim that such dwelling had not, prior to

the issuance of such certificate, conformed in all respects to the

provisions of this chapter shall be made against such person or his

successor in title or ownership with respect to such multiple dwelling

or mortgage, or against the interest of any such person with respect

thereto.

6. Notwithstanding any general or local law to the contrary, a

certificate issued for any multiple dwelling organized pursuant to the

provisions of article nine-B of the real property law, shall be deemed

issued for each dwelling unit contained within such multiple dwelling in

full compliance with the requirements of this section.