NY Mult Res L § 4 (2021)
2021 New York Laws MRE - Multiple Residence Article 1 - Introductory Provisions; Definitions 4 - Definitions.

§  4. Definitions. Words and terms used in this chapter shall have the   following meanings:1. "Alteration." Any  change  in  the  structural  parts  or  existing   facilities  of  any  building  or  the  moving  of any building from one   location or position to another.2. "Apartment," or "suite." That portion of a dwelling  consisting  of   one or more living rooms, and occupied by the members of a family, which   group of rooms is separated from all other groups within a dwelling.3. "Basement." A story partly below the curb level but having at least   one-half of its height above the curb level. A basement shall be counted   as  a  story in determining height, except as otherwise provided in this   chapter.4. "Boarding house,"  "furnished  room  house,"  "rooming  house,"  or   "tourist  house."  A  multiple  dwelling,  in  which there are less than   thirty sleeping rooms occupied primarily by transients  who  are  lodged   with  or without meals, and in which there are provided such services as   are incidental to its use as a temporary residence. Also a dwelling  two   or more stories in height, occupied by one or two families and with five   or  more  transient  boarders,  roomers or lodgers residing with any one   family.5. "Cellar." An enclosed space in a dwelling having more than one-half   of its height below the curb level. However, where  a  dwelling  is  set   back from the curb level in such a manner that the enclosed space in the   dwelling  is above the curb level but at least one-half of its height is   below the land immediately adjacent to the dwelling, such space shall be   deemed a cellar. A cellar shall not be counted as a story.5-a. "Child caring institutions."  Institutions  for  the  residential   care  of  children  operated  by  authorized  agencies as defined by the   social welfare law.6. "Commission." The state building code commission in  the  executive   department of the state of New York.7.  "Converted  or  conversion." A change from non-dwelling or private   dwelling use to multiple dwelling occupancy after July  first,  nineteen   hundred fifty-two.8.  "Court." A space, other than a yard, on the same lot as a dwelling   and open to the sky. "Inner court." A court not extending to a street or   yard. "Outer court." A court extending to a street or yard.9. "Curb level." The level of the curb at the center of the  front  of   the  building, for the purpose of measuring the height of any portion of   a building; except that where a building faces on more than one  street,   the  curb  level is the average of the levels of the curbs at the center   of each front. Where no curb elevation has  been  established  the  mean   level  of  the  land  immediately  adjacent  to  the  dwelling  shall be   considered the curb level, unless the municipal engineer shall establish   such curb level or its equivalent.10. "Department." The department, bureau, division, agency  or  person   charged with the enforcement of this chapter.11.  "Dining  bay,"  "dining  recess"  or "dinette." A recess used for   dining purposes off a living room, foyer or kitchen.12. "Dormitory." Any room occupied for sleeping purposes  by  five  or   more  persons. A "cubicle" is a small, partially enclosed sleeping space   within a dormitory, with or without a window.13. "Dwelling." A building or structure which is occupied in whole  or   in part as the home, residence or sleeping place of one or more persons.14. "Family." One or more persons with whom there may be not more than   four  boarders,  roomers  or  lodgers  all  living  together in a common   household. A boarder,  roomer  or  lodger  residing  within  the  family    household  is  a  person  who  pays  a  consideration  therefor and such   residence is not an incident of employment therein.15.  "Fire  alarm system." An approved system of sounding a fire alarm   or alarms installed in such a manner that it can  be  operated  manually   from any story."Fire-detecting   system."  An  approved  system  which  automatically   detects a fire or an abnormal rise in temperature and  actuates  a  fire   alarm.16.  "Fire-escape."  A  combination of outside balconies and stairs of   incombustible materials, providing an unobstructed means of egress  from   a building.17.   "Fireproof."  Made  of  incombustible  materials  with  standard   fire-resistive ratings not less than  those  required  for  a  fireproof   multiple dwelling.18.  "Fireproof  multiple  dwelling." One in which the walls and other   structural members are of incombustible materials or assemblies  meeting   all  of  the  requirements  of  the  local  building  code for fireproof   construction, if any, and if there be none, then of the  state  building   construction  code  for  fireproof  construction  applicable to multiple   dwellings.19. "Fire-retarded." Covered with metal lath  plastered  with  two  or   more  coats  of  cement or gypsum plaster or otherwise protected against   fire with materials of standard fire-resistive ratings of at  least  one   hour.  Fireproof  or fire-resistive material shall always be accepted as   meeting any requirement for fire-retarding.20.  "Fire-resistive."  Covered  or   protected   with   incombustible   materials  of  standard  fire-resistive  ratings  of  at least one hour.   Fireproofing or fire-retarding shall always be accepted as  meeting  any   requirement for "fire-resistive" materials.21.  "Fire-stair."  A  fireproof  stair,  enclosed in fireproof walls,   within the body of the building which it serves, to which access may  be   had only through self-closing fireproof doors.22.  "Fire-stopping."  The  closing  of  concealed draft openings with   brick or other incombustible materials to form an effectual fire barrier   between stories, and between the ceiling of  the  upper  story  and  the   space under the roof.23.  "Foyer." A space within an apartment or suite used as an entrance   hall directly from a public hall.24.  "Frame  dwellings."  A  non-fireproof  dwelling  of   which   any   structural  member of its exterior walls is of wood. A structural member   shall not be deemed to include the veneer or facing of any such wall.25. "Height." The vertical distance of a dwelling from the curb  level   to  the level of the highest point of the roof beams, except that in the   case of pitched roofs, it is the vertical distance from the  curb  level   to  the mean height level of the gable or roof above the vertical street   wall. An attic not used or arranged to be used for human occupancy shall   not be considered in measuring the height of a dwelling.26. "Hotel." A dwelling in which there are  thirty  or  more  sleeping   rooms  in one building or structure occupied primarily by transients who   are lodged with or without meals; and there are provided  such  services   as are incidental to the use thereof as a temporary residence.27.  "Kitchen." A space, fifty-nine square feet or more in floor area,   used for cooking or warming of food.28. "Kitchenette." A space, less than fifty-nine square feet in  floor   area, used for cooking or warming of food.29. "Living room." Any room in a multiple dwelling except:a.  A  public hall, public vestibule, public room or other public part   of a dwelling; b. A hall, corridor or passageway  entirely  within  an  apartment  or   suite;c.  A  foyer, the floor area of which does not exceed ten percentum of   the total floor area of the apartment or suite;d. A kitchenette;e. A dining bay, dining recess or dinette fifty-five  square  feet  or   less in area;f. A bathroom or water-closet compartment.30.  "Local  building  code."  The  building  code, if any, adopted or   enacted by a city, town or village and which is in force in  such  city,   town  or  village, or in such town or portion thereof outside the limits   of any village or city, respectively, or the state building construction   code where applicable with respect thereto.31. "Lodging house." A dwelling, other than a hotel, in which  persons   are  housed  in a dormitory or dormitories, whether or not the space for   sleeping accommodations therein is divided into cubicles, for  a  single   night or for less than a week at one time.32.  "Lot."  A  parcel  or  plot of ground which is or may be occupied   wholly or in part by  a  dwelling,  including  the  spaces  occupied  by   accessory or other structures and any open or unoccupied spaces thereon,   but not including any part of an abutting public street or thoroughfare.a.  "Corner  lot." A lot of which at least two adjacent sides abut for   their full length upon streets or public places not less than forty feet   in width. Any other lot is an "interior lot." That portion of  a  corner   lot  in  excess  of one hundred feet from the widest street on which the   lot abuts shall be considered an interior lot.b. "Front of a lot." That boundary line which abuts on the street, or,   if there be more than one street abutting, on the street  designated  by   the owner. "Rear of a lot" is the side opposite the front.c.  "Depth  of  a  lot." The distance from the front of the lot to the   extreme rear line of the lot. The depth of an  irregular-shaped  lot  is   its mean depth.d.  "Lot running through from street to street." A lot where the front   and rear lines abut for their entire lengths upon streets or open public   places. When either of such lines exceeds the other in  length  by  more   than  twenty  per  centum, that part of the lot contiguous to the excess   length of the longer line shall be deemed an interior lot.e. "Back to back lots." Lots or portions of lots which are on opposite   sides of the same part of a rear line common to both  and  the  opposite   street  lines  on  which  the lots front are parallel with each other or   make an angle with each other of not more than forty-five degrees.33. "Multiple dwelling." A dwelling which is  either  rented,  leased,   let  or  hired  out,  to be occupied, or is occupied as the temporary or   permanent  residence  or  home  of  three  or   more   families   living   independently of each other, including but not limited to the following:   a tenament, flat house, maisonette apartment, apartment house, apartment   hotel,  tourist  house,  bachelor  apartment,  studio  apartment, duplex   apartment, kitchenette apartment, hotel, lodging house,  rooming  house,   boarding house, boarding and nursery school, furnished room house, club,   sorority   house,   fraternity  house,  college  and  school  dormitory,   convalescent, old age or nursing homes  or  residences.  It  shall  also   include a dwelling, two or more stories in height, and with five or more   boarders, roomers or lodgers residing with any one family.34.  "Non-fireproof  dwelling."  A  dwelling  which  does not meet the   requirements for a fireproof dwelling.35. "Occupied" or "used." Such terms shall be construed as if followed   by the words "or arranged, designed,  or  intended  to  be  occupied  or   used." 36. "Owner." Owner or owners of the freehold of the premises or lesser   estate  therein, a mortgagee or vendee in possession, assignee of rents,   receiver, executor, trustee, lessee, agent, or any other person, firm or   corporation, directly or indirectly in control of a dwelling.37.  "Premises."  Land,  improvements  and  appurtenances  or any part   thereof.38. "Private dwelling." A dwelling occupied exclusively for  residence   purposes  by one or two families and having not more than four boarders,   roomers or lodgers residing with any one family.39. "Public hall." A hall,  corridor  or  passageway  not  within  any   apartment  or  suite  of  private  rooms. "Public vestibule." A hall not   within any apartment or suite or private rooms  providing  access  to  a   stair  or  elevator  and not wider than seven feet nor longer than twice   the width of the stair or elevator shaft opening upon such hall.40. "Public part" or "public room." A space available for common usage   or used exclusively for storage purposes or for mechanical equipment  of   the dwelling.41.  "Section."  A part of a multiple dwelling other than an apartment   or suite, separated as  a  unit  from  the  rest  of  such  dwelling  by   fireproof construction.42.  "Shaft."  A  space  extending  through  one  or more stories of a   dwelling connecting a series of openings therein or any story or stories   and the roof, and includes exterior and interior shafts whether for air,   light, elevator, dumbwaiter or any other purpose.43. "Shall." The word "shall" is always mandatory.44. "Single-room occupancy." The occupancy by one or two persons of  a   single  room,  or  two or more rooms which are joined together separated   from all other rooms within an apartment in a multiple dwelling so  that   the occupant or occupants thereof reside separately and independently of   the other occupant or occupants of the same apartment.45.  "Sprinkler  system."  A system of piping connected to one or more   sprinkler heads with fusible struts which will be constructed to fuse at   a specified temperature so as to discharge an effective spray  to  cover   the  area  to  be  sprinkled. Such system may be either an automatic wet   pipe type in which all pipes and sprinkler heads are at all times filled   with water when the building is occupied, or a dry pipe system in  which   the  pipes and sprinkler heads are filled with air, either compressed or   at atmospheric pressure,  and  the  water  supply  is  controlled  by  a   dry-pipe valve.46.  "Stair."  A flight or flights of steps including any landings and   parts of public halls through which it is necessary  to  pass  in  going   from one level to another.47.  "Stair  hall."  A  part  of  a  public  hall  through which it is   necessary to pass in going from the end of one flight of  steps  to  the   beginning  of another but shall not include an area that is also used to   provide direct ingress to and egress from an apartment or suite.48. "Story." A space between the level of one finished floor  and  the   level  of  the  next higher finished floor, or, if the top story, of the   space between the level of the highest finished floor and the top of the   highest roof beams, or, if the first story, of  the  space  between  the   level  of the finished floor and the finished ceiling immediately above.   For the purpose of measuring height by stories of dwellings  erected  on   or  after  July  first, nineteen hundred fifty-two, one additional story   shall be added for each twelve feet or fraction thereof that  the  first   story  exceeds  fifteen  feet  in  height,  and  for each twelve feet or   fraction thereof that any story above the  first  story  exceeds  twelve   feet in height. 49.  "Street  wall."  A wall of a building, at any level, nearest to a   street line abutting the property.50.  "Suite."  That  portion  of  a dwelling consisting of one or more   living rooms and occupied by the members of a  family,  which  group  of   rooms is separated from all other groups within a dwelling.51.  "Window  dimensions." The measurements between the stop-beads or,   if there are no stop-beads, between the sides and the head and  sill  of   the sash opening.52.  "Yard." An open space on the same lot with a dwelling between the   extreme rear line of the lot and the extreme rear wall of the dwelling.