§ 4 — Definitions

New York § 4

• Jurisdiction: New York
• Law MDW: Multiple Dwelling
• Art. 1: Introductory Provisions; Definitions

Text

§ 4. Definitions. Certain words and terms when used in this chapter,\nunless the context or subject matter requires otherwise, are defined as\nfollows:\n 1. Wherever the word or words "occupied," "is occupied," "used" or "is\nused" appear, such word or words shall be construed as if followed by\nthe words "or is intended, arranged or designed to be used or occupied."\n 2. The word "shall" is always mandatory.\n 3. The term "department" shall mean the department, bureau, division\nor other agency charged with the enforcement of this chapter.\n 4. A "dwelling" is any building or structure or portion thereof which\nis occupied in whole or in part as the home, residence or sleeping place\nof one or more human beings.\n 5. A "family" is either a person occupying a dwelling and maintaining\na household, with not more than four boarders, roomers or lodgers, or\ntwo or more persons occupying a dwelling, living together and\nmaintaining a common household, with not more than four boarders,\nroomers or lodgers. A "boarder," "roomer" or "lodger" residing with a\nfamily shall mean a person living within the household who pays a\nconsideration for such residence and does not occupy such space within\nthe household as an incident of employment therein.\n 6. A "private dwelling" is any building or structure designed and\noccupied exclusively for residence purposes by not more than two\nfamilies.\n A building designed for and occupied exclusively by one family is a\n"single-family private dwelling."\n A building designed for and occupied exclusively by two families is a\n"two-family private dwelling."\n Private dwellings shall also be deemed to include a series of\none-family or two-family dwelling units each of which faces or is\naccessible to a legal street or public thoroughfare provided that each\nsuch dwelling unit is equipped as a separate dwelling unit with all\nessential services, and also provided that each such unit is arranged so\nthat it may be approved as a legal one-family or two-family dwelling.\n 7. A "multiple dwelling" is a dwelling which is either rented, leased,\nlet or hired out, to be occupied, or is occupied as the residence or\nhome of three or more families living independently of each other. On\nand after July first, nineteen hundred fifty-five, a "multiple dwelling"\nshall also include residential quarters for members or personnel of any\nhospital staff which are not located in any building used primarily for\nhospital use provided, however, that any building which was erected,\naltered or converted prior to July first, nineteen hundred fifty-five,\nto be occupied by such members or personnel or is so occupied on such\ndate shall not be subject to the requirements of this chapter only so\nlong as it continues to be so occupied provided there are local laws\napplicable to such building and such building is in compliance with such\nlocal laws. A "multiple dwelling" shall not be deemed to include a\nhospital, convent, monastery, asylum or public institution, or a\nfireproof building used wholly for commercial purposes except for not\nmore than one janitor's apartment and not more than one penthouse\noccupied by not more than two families. For the purposes of this chapter\n"multiple dwellings" are divided into two classes: "class A" and "class\nB."\n 8. a. A "class A" multiple dwelling is a multiple dwelling that is\noccupied for permanent residence purposes. This class shall include\ntenements, flat houses, maisonette apartments, apartment houses,\napartment hotels, bachelor apartments, studio apartments, duplex\napartments, kitchenette apartments, garden-type maisonette dwelling\nprojects, and all other multiple dwellings except class B multiple\ndwellings. A class A multiple dwelling shall only be used for permanent\nresidence purposes. For the purposes of this definition, "permanent\nresidence purposes" shall consist of occupancy of a dwelling unit by the\nsame natural person or family for thirty consecutive days or more and a\nperson or family so occupying a dwelling unit shall be referred to\nherein as the permanent occupants of such dwelling unit. The following\nuses of a dwelling unit by the permanent occupants thereof shall not be\ndeemed to be inconsistent with the occupancy of such dwelling unit for\npermanent residence purposes:\n (1) (A) occupancy of such dwelling unit for fewer than thirty\nconsecutive days by other natural persons living within the household of\nthe permanent occupant such as house guests or lawful boarders, roomers\nor lodgers; or\n (B) incidental and occasional occupancy of such dwelling unit for\nfewer than thirty consecutive days by other natural persons when the\npermanent occupants are temporarily absent for personal reasons such as\nvacation or medical treatment, provided that there is no monetary\ncompensation paid to the permanent occupants for such occupancy.\n (2) In a class A multiple dwelling owned by an accredited\nnot-for-profit college or university or leased by such a college or\nuniversity under a net lease for a term of forty-nine years or more, the\nuse of designated dwelling units for occupancy for fewer than thirty\nconsecutive days shall not be inconsistent with the occupancy of such\nmultiple dwelling for permanent residence purposes if:\n (A) No more than five percent of the dwelling units in such multiple\ndwelling but not less than one dwelling unit, are designated for such\nuse and the designation of a unit once made may not be changed to\nanother unit;\n (B) A list of the designated dwelling units certified by an authorized\nrepresentative of the college or university is kept on the premises by\nthe owner or net lessee and made available upon request for inspection\nby the department or the fire department of such city;\n (C) Only designated dwelling units on the certified list are used for\noccupancy for fewer than thirty consecutive days and only by (i) natural\npersons, other than persons whose only relationship with the college or\nuniversity is as a student, for whom the college or university has\nundertaken to provide housing accommodations such as visiting professors\nand academics, graduate students with research or teaching fellowships,\nresearchers and persons presenting academic papers, interviewing for\npositions of employment or having other similar business with the\ncollege or university, or (ii) natural persons for whom a hospital\naffiliated with such college or university has undertaken to provide\nhousing accommodations such as patients, patients' families and/or\naccompanying escorts, medical professionals and healthcare consultants\nor persons having other similar business with such hospital. A log shall\nbe maintained on the premises of the names and addresses of such persons\nand the duration and reason for their stay. Such log shall be accessible\nupon request for inspection by the department and the fire department of\nsuch municipality;\n (D) No rent or other payment is collected for such occupancy; and\n (E) The fire department of such city shall require the filing of a\nfire safety plan or other appropriate fire safety procedure.\n b. A "garden-type maisonette dwelling project" is a series of\nattached, detached or semi-detached dwelling units which are provided as\na group collectively with all essential services such as, but not\nlimited to, water supply and house sewers, and which units are located\non a site or plot not less than twenty thousand square feet in area\nunder common ownership and erected under plans filed with the department\non or after April eighteenth, nineteen hundred fifty-four, and which\nunits together and in their aggregate are arranged or designed to\nprovide three or more apartments.\n 9. A "class B" multiple dwelling is a multiple dwelling which is\noccupied, as a rule transiently, as the more or less temporary abode of\nindividuals or families who are lodged with or without meals. This class\nshall include hotels, lodging houses, rooming houses, boarding houses,\nboarding schools, furnished room houses, lodgings, club houses, college\nand school dormitories and dwellings designed as private dwellings but\noccupied by one or two families with five or more transient boarders,\nroomers or lodgers in one household.\n 10. A "converted dwelling" is a dwelling (a) erected before April\neighteenth, nineteen hundred twenty-nine, to be occupied by one or two\nfamilies living independently of each other and subsequently occupied as\na multiple dwelling, or (b) a dwelling three stories or less in height\nerected after April eighteenth, nineteen hundred twenty-nine, to be\noccupied by one or two families living independently of each other and\nsubsequently occupied by not more than three families in all, with a\nmaximum occupancy of two families on each floor in a two story building\nand one family on each floor in a three story building, in compliance\nwith the provisions of article six of this chapter, including section\none hundred seventy-a of said article. A converted dwelling occupied as\na class A multiple dwelling is a class A converted dwelling; every other\nconverted dwelling is a class B converted dwelling.\n 11. A "tenement" is any building or structure or any portion thereof,\nerected before April eighteenth, nineteen hundred twenty-nine, which is\noccupied, wholly or in part, as the residence of three families or more\nliving independently of each other and doing their cooking upon the\npremises, and includes apartment houses, flat houses and all other\nhouses so erected and occupied, except that a tenement shall not be\ndeemed to include any converted dwelling. An "old-law tenement" is a\ntenement existing before April twelfth, nineteen hundred one, and\nrecorded as such in the department before April eighteenth, nineteen\nhundred twenty-nine, except that it shall not be deemed to include any\nconverted dwelling.\n 12. A "hotel" is an inn having thirty or more sleeping rooms.\n 13. A "rooming house" or a "furnished room house" is a multiple\ndwelling, other than a hotel, having less than thirty sleeping rooms and\nin which persons either individually or as families are housed for hire\nor otherwise with or without meals. An inn with less than thirty\nsleeping rooms is a rooming house.\n 14. A "lodging house" is a multiple dwelling, other than a hotel, a\nrooming house or a furnished room house, in which persons are housed for\nhire for a single night, or for less than a week at one time, or any\npart of which is let for any person to sleep in for any term less than a\nweek.\n 15. An "apartment" is that part of a multiple dwelling consisting of\none or more rooms containing at least one bathroom and arranged to be\noccupied by the members of a family, which room or rooms are separated\nand set apart from all other rooms within a multiple dwelling.\n 16. "Single room occupancy" is the occupancy by one or two persons of\na single room, or of two or more rooms which are joined together,\nseparated from all other rooms within an apartment in a multiple\ndwelling, so that the occupant or occupants thereof reside separately\nand independently of the other occupant or occupants of the same\napartment. When a class A multiple dwelling is used wholly or in part\nfor single room occupancy, it remains a class A multiple dwelling.\n 17. A "public hall" is a hall, corridor or passageway within a\nbuilding but outside of all apartments and suites of private rooms. A\n"public vestibule" is a corridor, not within an apartment or suite of\nprivate rooms, providing access to a stair or elevator and not wider\nthan seven feet nor longer than twice the width of the stair or elevator\nshafts opening upon it. A "public room" or "public part" of a dwelling\nis a space used in common by the occupants of two or more apartments or\nrooms, or by persons who are not tenants, or exclusively for mechanical\nequipment of such dwelling or for storage purposes.\n 18. A "living room" is a room which is not a public hall, public\nvestibule, public room or other public part of a dwelling. Every room\nused for sleeping purposes shall be deemed a living room. Dining bays\nand dinettes fifty-five square feet or less in floor area, foyers,\nwater-closet compartments, bathrooms, cooking spaces less than eighty\nsquare feet in area, and halls, corridors and passageways entirely\nwithin an apartment or suite of rooms shall not be deemed living rooms.\n"Floor space" shall mean the clear area of the floor contained within\nthe partitions or walls enclosing any room, space, foyer, hall or\npassageways of any dwelling.\n 19. A "dining bay," "dining recess" or "dinette" is a recess used for\ndining purposes off a living room, foyer or kitchen.\n 20. A "foyer" is a space within an apartment or suite of rooms used as\nan entrance hall directly from a public hall.\n 21. A "dormitory" in a lodging house is any place used for sleeping\npurposes. A "cubicle" is a small partially enclosed sleeping space\nwithin a dormitory with or without a window to the outer air.\n 22. "Premises" shall mean land and improvements or appurtenances or\nany part thereof.\n 23. "Structure" shall mean a building or construction of any kind.\n 24. "Alteration," as applied to a building or structure, shall mean\nany change or rearrangement in the structural parts or in the egress\nfacilities of any such building or structure, or any enlargement\nthereof, whether by extension on any side or by any increase in height,\nor the moving of such building or structure from one location or\nposition to another.\n 25. A "fireproof multiple dwelling" is one in which the walls and\nother structural members are of incombustible materials or assemblies\nmeeting all of the requirements of the building code and with standard\nfire-resistive ratings of not less than one of the following sets of\nrequirements:\n a. For any multiple dwelling more than one hundred feet in height,\nfour hours for fire walls, party walls, piers, columns, interior\nstructural members which carry walls, girders carrying columns, and for\nexterior walls other than panel walls; three hours for other girders,\nfire partitions, floors including their beams and girders, beams, roofs,\nfloor fillings, and stairway enclosures; and two hours for exterior\npanel walls.\n b. For any multiple dwelling one hundred feet or less in height, the\nprovisions of preceding paragraph a shall apply, except that the minimum\nrequirements shall be three hours for exterior walls other than panel\nwalls, which shall be two hours; two hours for protection of interior\ncolumns; one and one-half hours for roofs and for floors and beams;\nprovided, however, that for a multiple dwelling three stories or less in\nheight, the requirement for all floors and the roof shall be one hour.\n 26. The term "fireproof," as applied to a part or parts of a building,\nmeans such part or parts are made of incombustible materials with\nstandard fire-resistive ratings not less than those required for the\ncorresponding part or parts of a fireproof dwelling.\n 27. A "non-fireproof dwelling" is one which does not meet the\nrequirements for a fireproof dwelling.\n 28. A "frame dwelling" is a dwelling of which the exterior walls or\nany structural parts of such walls are of wood. A dwelling which would\nnot otherwise be a frame dwelling shall not be deemed a frame dwelling\nby reason of the existence on such dwelling of frame oriel, bay or\ndormer windows, frame porches not more than one story in height, or\nframe extensions not more than one story in height and fifty-nine square\nfeet in area if such windows, porches or extensions were erected prior\nto April thirteenth, nineteen hundred forty.\n 29. The term "fire-retarded," as applied to a part or parts of a\nbuilding, means such part or parts are either covered with metal lath\nplastered with two or more coats of mortar or otherwise protected\nagainst fire in a manner approved by the department with materials of\nstandard fire-resistive ratings of at least one hour. Fireproofing shall\nalways be accepted as meeting any requirement for fire-retarding.\n 30. "Fire-stopping" means the closing of all concealed draft openings\nto form an effectual fire barrier at floors, ceilings and roofs with\nbrick, concrete, gypsum, asbestos, mineral wool, rock wool, metal lath\nwith cement or gypsum plaster, or other approved incombustible\nmaterials.\n 31. A "lot" is a parcel or plot of ground which is or may be occupied\nwholly or in part by a dwelling, including the spaces occupied by\naccessory or other structures and any open or unoccupied spaces thereon,\nbut not including any part of an abutting public street or thoroughfare.\n a. A "corner lot" is a lot of which at least two adjacent sides abut\nfor their full length upon streets or public places not less than forty\nfeet in width. That portion of a corner lot in excess of one hundred\nfeet from any street on which the lot abuts shall be considered an\ninterior lot.\n An "interior lot" is a lot which is neither a corner lot nor a through\nlot.\n b. The "front" of a lot is that boundary line which abuts on the\nstreet, or, if there be more than one street abutting, on the street\ndesignated by the owner. The "rear" of a lot is the side opposite the\nfront.\n c. The "depth" of a lot is the distance from the front of the lot to\nthe extreme rear line of the lot. In the case of an irregular-shaped lot\nthe mean depth shall be taken.\n d. A "through lot" is a lot running through from street to street\nwhose front and rear lines abut for their entire lengths upon streets or\nopen public places; provided, however, that when either of said lines\nexceeds the other in length by more than twenty per centum, that part of\nthe lot contiguous to the excess length of the longer line shall be\ndeemed an interior lot. The department may designate which part of the\nlonger line is the excess in length and make any reasonable\ninterpretation of the part of the lot to be regarded as contiguous to\nsuch excess.\n e. Lots or portions of lots shall be deemed "back to back" when they\nare on opposite sides of the same part of a rear line common to both and\nthe opposite street lines on which the lots front are parallel with each\nother or make an angle with each other of not more than forty-five\ndegrees.\n 32. A "rear yard" is an open space on the same lot with a dwelling\nbetween the extreme rear line of the lot and the extreme rear wall of\nthe dwelling. A "side yard" is a continuous open space on the same lot\nwith a dwelling between the wall of a dwelling and a line of the lot\nfrom the street to a rear yard or rear line of a lot. A "court" is an\nopen space other than a side or rear yard, on the same lot as a\ndwelling. A court not extending to the street or rear yard is an "inner\ncourt". A court extending to the street or rear yard is an "outer\ncourt".\n 32-a. "A rear yard equivalent" is an open area which may be required\non a through lot as an alternative to a required rear yard.\n 33. The "curb level", for the purpose of measuring the height of any\nportion of a building, is the level of the curb at the center of the\nfront of the building; except that where a building faces on more than\none street, the curb level is the average of the levels of the curbs at\nthe center of each front. Where no curb elevation has been established\nthe average elevation of the final grade adjoining all exterior walls of\na building, calculated from grade elevations taken at intervals of ten\nfeet around the exterior walls of the building, shall be considered the\ncurb level, unless the city engineer shall establish such curb level or\nits equivalent.\n 34. A "street wall" of a building, at any level, is the wall of the\nbuilding nearest to a street line abutting the property.\n 35. a. The "height" of a dwelling is the vertical distance from the\ncurb level to the level of the highest point of the roof beams; except\nthat, in the case of pitched roofs, it is the vertical distance from the\ncurb level to the mean height level of the gable or roof above the\nvertical street wall. When no roof beams exist or when there are\nstructures wholly or partly above the roof, the height shall, except as\notherwise expressly provided, be measured from the curb level to the\nlevel of the highest point of any such structure; except that where\nevery part of the building is set back more than twenty-five feet from a\nstreet line, the height shall be measured from the average grade\nelevation calculated from the final grade elevations taken at intervals\nof ten feet around the exterior walls of the building.\n b. Except as otherwise provided in section two hundred eleven, the\nfollowing superstructure shall not be considered in measuring the height\nof a dwelling; parapet walls or guard railings, other superstructures\ntwelve feet or less in height and occupying fifteen per centum or less\nof the area of the roof, elevator enclosures thirty feet or less in\nheight used solely for elevator purposes, enclosures fifty feet or less\nin height used solely for tanks, cooling towers or other mechanical\nequipment; and, when approved by the department, pergolas, spires,\nchimneys, other ornamental treatments, roof gardens and playgrounds.\n c. When on the main roof of any fireproof multiple dwelling erected\nafter April eighteenth, nineteen hundred twenty-nine, in which one or\nmore passenger elevators are operated, a penthouse dwelling is erected\nthe height of which does not exceed twelve feet and the walls of which\nare set back as provided in this paragraph, the height of such multiple\ndwelling shall be measured as though no such penthouse had been erected\nthereon. Such penthouse walls shall be set back from the outer face of\nthe front parapet wall at least five feet, from the outer face of the\nyard parapet wall at least ten feet, and from the inner face of every\nother parapet wall at least three feet; except that the setback so\nrequired from any parapet wall facing any court or yard or recess\ntherefrom but not facing any street may be reduced one-third for each\nten per centum by which the area of such court or yard exceeds the\nrequired minimum area thereof at the highest level of such parapet wall,\nand the setback so required from any parapet wall facing any street may\nbe reduced one foot for each foot that such parapet wall is set back\nfrom the building line established by law at the highest level of such\nparapet wall, provided that in the opinion of the department safe and\nsufficient passage is provided to and from every part of the main roof.\nAny penthouse wall which may be flush with the inner face of any parapet\nwall may be flush with the outer face thereof.\n d. If a rear multiple dwelling is erected after April eighteenth,\nnineteen hundred twenty-nine, on the same lot as a front multiple\ndwelling, and the depth of the yard of the front multiple dwelling is\nmore than sixty feet and the lowest point of such yard is below the curb\nlevel and below the floor of a cellar of the front multiple dwelling or\nof the lowest story thereof if there is no cellar, the height of the\nrear multiple dwelling shall be measured from such lowest point instead\nof from the curb level.\n 36. A "story" is a space between the level of one finished floor and\nthe level of the next higher finished floor, or, if the top story, of\nthe space between the level of the highest finished floor and the top of\nthe highest roof beams, or, if the first story, of the space between the\nlevel of the finished floor and the finished ceiling immediately above.\nFor the purpose of measuring height by stories in multiple dwellings\nerected after April eighteenth, nineteen hundred twenty-nine, one\nadditional story shall be added for each twelve feet or fraction thereof\nthat the first story exceeds fifteen feet in height, and for each twelve\nfeet or fraction thereof that any story above the first story exceeds\ntwelve feet in height.\n 37. A "cellar" in a dwelling is an enclosed space having more than\none-half of its height below the curb level; except that where every\npart of the building is set back more than twenty-five feet from a\nstreet line, the height shall be measured from the adjoining grade\nelevations calculated from final grade elevations taken at intervals of\nten feet around the exterior walls of the building. A cellar shall not\nbe counted as a story.\n 38. A "basement" is a story partly below the curb level but having at\nleast one-half of its height above the curb level; except that where\nevery part of the building is set back more than twenty-five feet from a\nstreet line, the height shall be measured from the adjoining grade\nelevations calculated from final grade elevations taken at intervals of\nten feet around the exterior walls of the building. A basement shall be\ncounted as a story in determining height, except as provided in\nparagraph e of subdivision six of section one hundred two.\n 39. A "section" of a multiple dwelling is a part thereof, other than\nan apartment or suite of rooms, separated as a unit from the rest of\nsuch dwelling by fireproof construction.\n 40. A "shaft" is an enclosed space extending through one or more\nstories of a building connecting a series of openings therein, or any\nstory or stories and the roof, and includes exterior and interior shafts\nwhether for air, light, elevator, dumbwaiter or any other purpose.\n 41. A "stair" is a flight or flights of steps together with any\nlandings and parts of public halls through which it is necessary to pass\nin going from one level thereof to another.\n 42. a. A "fire-tower" is a fireproof stair, enclosed in fireproof\nwalls, without access to the building from which it affords egress other\nthan by a fireproof self-closing door opening on a communicating balcony\nor other outside platform at each floor level.\n b. A "fire-stair" is a fireproof stair, enclosed in fireproof walls,\nwithin the body of the building which it serves, to which access may be\nhad only through self-closing fireproof doors.\n c. A "fire-escape" is a combination of outside balconies and stairs\nproviding an unobstructed means of egress from rooms or spaces in a\nbuilding.\n d. A "panel wall" is a non-bearing wall in skeleton construction\nerected between columns or piers and wholly supported at each story.\n 43. Window dimensions shall always be taken between stop-beads or, if\nthere are no stop-beads, between the sides, head and sill of the sash\nopening.\n 44. The term "owner" shall mean and include the owner or owners of the\nfreehold of the premises or lesser estate therein, a mortgagee or vendee\nin possession, assignee of rents, receiver, executor, trustee, lessee,\nagent, or any other person, firm or corporation, directly or indirectly\nin control of a dwelling. Whenever a multiple dwelling shall have been\ndeclared a public nuisance to any extent pursuant to paragraph b of\nsubdivision one of section three hundred nine of this chapter and such\ndeclaration shall have been filed as therein provided, the term "owner"\nshall be deemed to include, in addition to those mentioned hereinabove,\nall the officers, directors and persons having an interest in more than\nten per cent of the issued and outstanding stock of the owner as herein\ndefined, as holder or beneficial owner thereof, if such owner be a\ncorporation other than a banking organization as defined in section two\nof the banking law, a national banking association, a federal savings\nand loan association, The Mortgage Facilities Corporation, Savings Banks\nLife Insurance Fund, The Savings Banks Retirement System, an authorized\ninsurer as defined in section one hundred seven of the insurance law, or\na trust company or other corporation organized under the laws of this\nstate all the capital stock of which is owned by at least twenty savings\nbanks or a subsidiary corporation all of the capital stock of which is\nowned by such trust company or other corporation.\n