NY Mult Dwell L § 120 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 4 - Fireproof Multiple Dwellings Title 3 - Certain Class a Multiple Dwellings Erected Prior to December 15, 1961 120 - Use of Dwelling Units in a Class a Multiple Dwelling for Other Than Permanent Residence Purposes.

§  120. Use of dwelling units in a class A multiple dwelling for other   than  permanent  residence  purposes.  1.  Notwithstanding   any   other   provision  of law to the contrary, within a class A multiple dwelling to   which this article is applicable the use of dwelling units  as  a  hotel   for  other  than permanent residence purposes, as defined in paragraph a   of subdivision eight  of  section  four  of  this  chapter,  that  would   otherwise  be  prohibited shall be permitted to continue for a period of   two years after the effective date of this section provided that:a. such dwelling units were used for other  than  permanent  residence   purposes  on  January first, two thousand nine and on the effective date   of this subdivision and fifty-one percent or more of the total number of   dwelling units in such dwelling  were  used  for  other  than  permanent   residence purposes on such dates;b.  (1)  such  dwelling was initially constructed as and identified on   its initial certificate of occupancy as "apartment hotel"  or  "class  A   hotel"  and  occupied  as  a  hotel  for  other than permanent residence   purposes on December fifteenth, nineteen hundred sixty-one or,  if  such   dwelling  was  under construction and not yet complete on such date, was   occupied as a hotel for other than permanent residence purposes  at  the   time  the  dwelling  was  completed,  or  (2) such dwelling is in zoning   district C5 as designated in the New York city zoning resolution and was   initially constructed as a hotel  for  other  than  permanent  residence   purposes  prior  to  December  fifteenth, nineteen hundred sixty-one and   occupied as a hotel for  other  than  permanent  residence  purposes  on   December fifteenth, nineteen hundred sixty-one, or (3) such dwelling (A)   is within twelve hundred feet of zoning district C5 as designated in the   New  York  city  zoning  resolution,  (B) was initially constructed as a   hotel for other than permanent residence purposes in accordance  with  a   permit  that  was  issued  prior to December fifteenth, nineteen hundred   sixty-one, and (C) was  completed  after  December  fifteenth,  nineteen   hundred  sixty-one  and was initially occupied as a hotel for other than   permanent residence purposes;c. such dwelling is of fireproof construction  and  was  of  fireproof   construction on January first, two thousand nine;d.  such  dwelling  units  used  for  other  than  permanent residence   purposes have at least  two  lawful  means  of  egress,  including  exit   stairs,  fire  towers  or exterior stairs but excluding fire escapes and   had such lawful means of egress on January first, two thousand nine;e. such dwelling has operational exist signs and a fire  alarm  system   complying  with  the  provisions  for  existing transient occupancies in   accordance with local law and had such exit signs and fire alarm  system   on January first, two thousand nine; andf.  such  dwelling  units  used  for  other  than  permanent residence   purposes are registered with the department within  one  hundred  eighty   days after the effective date of this section in a form and manner to be   provided  by such department, including a requirement that the applicant   submit certification of compliance with  paragraphs  d  and  e  of  this   subdivision,  signed  and  sealed  by a registered architect or licensed   professional engineer in good standing  under  the  education  law.  The   department  may  assess  fees  to  cover  all costs associated with such   registration. The department may refuse to register  dwelling  units  or   may  revoke  such  registration  if it determines such dwelling units or   dwelling do not comply with the conditions for registration set forth in   paragraphs a through e of this subdivision.2. The owner shall obtain a certificate of occupancy for  the  use  of   registered  dwelling  units  for other than permanent residence purposes   within two  years  after  the  effective  date  of  this  section.  Upon   application  prior  to  the  expiration  of  such  two  year period, the    department may,  for  good  cause,  extend  such  time  for  up  to  one   additional  year  but  no  such  extension  shall  be granted unless the   department finds that:a. the owner has obtained the necessary permit or permits for all work   necessary  to  bring such dwelling into compliance with the requirements   of this chapter and all local housing, building and fire codes  for  the   use of dwelling units for other than permanent residence purposes;b.  all  construction  authorized  by  such permit or permits has been   substantially completed; andc. there are no considerations of public safety,  health  and  welfare   that  have  become  apparent  since  the issuance of the above described   permit or permits that indicate an overriding benefit to the  public  in   enforcing  the  requirement  that  the applicant obtain a certificate of   occupancy for the use  of  registered  dwelling  units  for  other  than   permanent  residence  purposes within two years after the effective date   of this section.3. Upon application prior to the expiration of the time for  obtaining   a  certificate  of  occupancy, as extended by the department pursuant to   subdivision two of this section, the board of standards and appeals  may   grant  a  further extension of time to obtain a certificate of occupancy   in a case where there are circumstances beyond the  applicant's  control   or  hardship  in  the  way of obtaining such certificate within the time   allowed by the department but no more than one such extension of fifteen   months shall be granted for a building and no such  extension  shall  be   granted unless the board finds that there are no outstanding building or   fire code violations of record at the property.4. The department shall issue such certificate of occupancy upon proof   that  said dwelling conforms in all respects to the requirements of this   chapter and all local housing, building and fire codes for  the  use  of   dwelling  units  for other than permanent residence purposes. If no such   certificate of occupancy is issued within two years after the  effective   date  of  this section or, if applicable, within the time as extended by   the department or as further extended by  the  board  of  standards  and   appeals,  all  use  of dwelling units for other than permanent residence   purposes shall thereafter cease.5.  If  after  a  certificate  of  occupancy  is  issued  pursuant  to   subdivision  four  of  this  section, the use of such dwelling units for   other than permanent residence purposes is discontinued, nothing in this   section shall be construed to limit the application of the local  zoning   resolution with respect to such discontinuance.