§ 9 — Buildings converted or altered

New York § 9

• Jurisdiction: New York
• Law MDW: Multiple Dwelling
• Art. 2: Miscellaneous Application Provisions

Text

§ 9. Buildings converted or altered. 1. On or after December\nfifteenth, nineteen hundred sixty-one, no multiple dwelling shall be\nenlarged or its lot diminished so that the yard or other unoccupied\nareas shall be less in size or area than the minimum dimensions\nprescribed in section twenty-six.\n 2. A building not a dwelling, if converted or altered after April\neighteenth, nineteen hundred twenty-nine, to a multiple dwelling, shall\nthereupon become subject to all the provisions of this chapter\napplicable to dwellings of like class and kind erected after such date.\n 3. A dwelling of one class or kind, altered or converted after April\neighteenth, nineteen hundred twenty-nine, to another class or kind,\nexcept as hereinafter in this section and in articles six and seven\notherwise provided, shall thereupon become subject to all the provisions\nof this chapter applicable to a building of that class or kind, erected\nafter such date, to which it is altered or converted.\n 4. No dwellings shall be altered so as to be in violation of any\nprovision of this chapter relating to dwellings of like class and kind\nerected after April eighteenth, nineteen hundred twenty-nine, except\nthat it shall be sufficient for the purposes of this section that\ntenements shall comply with article seven, converted dwellings comply\nwith article six, and lodging houses comply with section sixty-six.\nNothing in this section shall, however, be deemed to prohibit the\nconversion or alteration of any multiple dwelling, other than a\nconverted dwelling and a lodging house, from a class A to a class B\nmultiple dwelling, or vice-versa, provided that the entire dwelling is\nof fireproof construction and is made to conform to the applicable\nprovisions of section sixty-seven, and to all other provisions of this\nchapter applicable to multiple dwellings of like class and kind erected\nbefore April eighteenth, nineteen hundred and twenty-nine.\n 5. a. Any multiple dwelling may be altered to conform with any\nprovision of this chapter applicable to dwellings of like class and kind\nand not expressly limited in application to dwellings erected after\nApril eighteenth, nineteen hundred twenty-nine; or to conform to the\nprovisions of this chapter relating to egress, or to exits from\napartments, in dwellings of like class and kind erected after such date\nif such dwelling also conforms or is made to conform to all the\nrequirements relating to stairs and public halls in dwellings erected\nafter such date, except that existing dimensions of stair landings,\ntreads and risers need not be changed.\n b. An apartment in any part of a fireproof multiple dwelling erected\nbefore April eighteenth, nineteen hundred twenty-nine, may be altered or\nsubdivided and need not conform to the requirements of paragraph a of\nthis section relating to stairs and public halls provided each newly\ncreated apartment has access to a public hall which provides horizontal\negress to at least two stairs. If both of such stairs are not arranged\nand designed as required by sections two hundred thirty-six and two\nhundred thirty-seven, at least one of such stairs shall be so arranged\nand designed, and the other shall be arranged and designed as required\nby section two hundred thirty-nine. Both stairs shall be protected by\nautomatic sprinkler heads throughout.\n 6. Any tenement previously converted to other uses may be altered or\nreconverted to a tenement by complying with the provisions of article\nseven, provided, however, that its height and bulk were not enlarged\nprior to such alteration or reconversion except as permitted by and in\naccordance with the provisions of sections two hundred eleven and two\nhundred twelve of this chapter.\n 7. In any class B multiple dwelling, except a rooming house or lodging\nhouse, any apartment may be occupied as an apartment in a class A\nmultiple dwelling, provided such apartment complies with all the\nrequirements for apartments in class A multiple dwellings erected after\nApril eighteenth, nineteen hundred twenty-nine. In any rooming house or\nlodging house, one apartment may be occupied as an apartment in a class\nA multiple dwelling, provided such apartment is occupied solely by the\nowner, janitor, superintendent or caretaker.\n 8. Any apartment in any class A multiple dwelling may be occupied for\nsingle room occupancy only if such dwelling complies with the provisions\nof section two hundred forty-eight and all other provisions of this\nchapter applicable to such dwelling.\n 9. Excepting a frame dwelling, any dwelling three stories or less in\nheight erected after April eighteenth, nineteen hundred twenty-nine as a\none or two-family dwelling may be converted to a multiple dwelling to be\noccupied by not more than three families in all, with a maximum\noccupancy of two families on each floor in a two story building and one\nfamily on each floor in a three story building, provided however that it\nshall be unlawful for any such dwelling converted at any time since\nOctober fifteenth, nineteen hundred fifty-two, to have any boarders or\nroomers. In each such instance, compliance shall be required with all\nthe provisions of article six, including section one hundred seventy-a\nof said article.\n 10. If any class A dwelling erected before April eighteenth, nineteen\nhundred twenty-nine, is altered so as to increase the number of living\nrooms by more than twenty per centum, such dwelling, except as otherwise\nprovided in sections two hundred eighteen, two hundred thirty-five and\ntwo hundred thirty-six, shall be made to conform to the requirements of\nthis chapter with respect to class A dwellings of like class and kind\nerected after such date.\n