N.Y.C. Admin. Code § BC 310: Section BC 310: Residential Group R

310.1 Residential Group R.

Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for dwelling or sleeping purposes when not classified as an Institutional Group I. Buildings containing 3 or more dwelling units shall be subject to the New York State Multiple Dwelling Law. Residential occupancies shall be classified as Groups R-1, R-2, or R-3.

310.2 Definitions.

The following terms are defined in Chapter 2:

APARTMENT.

APARTMENT, STUDENT.

BOARDER (ROOMER, LODGER).

CONGREGATE LIVING UNIT.

CUSTODIAL CARE FACILITY.

DWELLING.

DWELLING, MULTIPLE.

DWELLING, ONE-FAMILY.

DWELLING, TWO-FAMILY.

DWELLING UNIT.

FAMILY.

GROUP HOME.

PERSONAL CARE SERVICE.

RESIDENTIAL CARE/ASSISTED LIVING FACILITIES.

ROOMING HOUSE.

SLEEPING UNIT.

TRANSIENT.

310.3 Residential Group R-1.

Residential Group R-1 occupancies shall include:

1. Residential buildings or spaces occupied, as a rule, transiently, for a period less than 30 days, as the more or less temporary abode of individuals or families who are lodged with or without meals, including, but not limited to, the following:

Class B multiple dwellings as defined in Section 27-2004 of the New York City Housing Maintenance Code and Section 4 of the New York State Multiple Dwelling Law, where not classified in Group I-1.

Club houses

Hotels (transient)

Motels (transient)

Rooming houses (boarding houses – transient)

Settlement houses

Vacation timeshares

2. College or school student dormitories, except for student apartments classified as an R-2 occupancy

3. Congregate living units owned and operated by a government agency or not-for-profit organization, where the number of occupants in the dwelling unit exceeds the limitations of a family as defined, including, but not limited to, the following:

Adult homes or enriched housing with 16 or fewer occupants requiring supervised care within the same building on a 24-hour basis

Fraternity and sorority houses

Homeless shelters

310.4 Residential Group R-2.

Residential Group R-2 occupancies shall include buildings or portions thereof containing sleeping units or more than two dwelling units that are occupied for permanent residence purposes as defined in subparagraph (a) of paragraph 8 of subdivision a of Section 27-2004 of the New York City Housing Maintenance Code. Such occupancy shall be subject to the New York State Multiple Dwelling Law. This group shall include, but not be limited to, the following:

Adult homes or enriched housing with 16 or fewer occupants requiring supervised care on a 24-hour basis in the same building, provided that the number of occupants per dwelling unit does not exceed the definition of a family

Apartment houses

Apartment hotels (nontransient)

Class A multiple dwellings as defined in Section 27-2004 of the New York City Housing Maintenance Code and Section 4 of the New York State Multiple Dwelling Law, where not classified in Group I, including the following:

1. Dwelling units where the resident of the unit provides custodial care to no more than four persons on less than a 24-hour basis and not overnight, where not classified in Group I.

2. Dwelling units where the resident of the unit provides child custodial care as a family day care home registered with the New York City Department of Health and Mental Hygiene in accordance with the New York State Social Services Law, with no more than six children between the ages of 2 and 13, or with no more than five children if any are under the age of 2, receiving supervised care on less than a 24-hour basis and not overnight, where not classified in Group I.

Convents and monasteries with more than 20 occupants in the building

Student apartments

310.5 Residential Group R-3.

Residential Group R-3 occupancies shall include buildings or portions thereof containing no more than 2 dwelling units, occupied, as a rule, for shelter and sleeping accommodation on a long-term basis for a month or more at a time, and are not classified in Group R-1, R-2 or I. This group shall include, but not be limited to, the following:

Convents and monasteries with 20 or fewer occupants in the building

Group homes

One- and two-family dwellings, including the following:

1. Dwelling units where the resident of the unit provides custodial care to no more than four persons on less than a 24-hour basis and not overnight.

2. Dwelling units where the resident of the unit provides child custodial care as a family day care home registered with the New York City Department of Health and Mental Hygiene in accordance with the New York State Social Services Law for three to six children for more than three hours per day per child but less than 24 hours per day. A family day care provider may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and such children receive services only during the periods set forth in the New York State Social Services Law.

3. Dwelling units where the resident of the unit provides child custodial care as a group family day care home registered with the New York City Department of Health and Mental Hygiene in accordance with the New York State Social Services Law for seven to 12 children of all ages for more than three hours a day per child but less than 24 hours per day. There may be an additional four children if such children are of school age and such children receive services only during the periods set forth in the New York State Social Services Law.