2023 New York Laws › MDW - Multiple Dwelling › Article 1 - Introductory Provisions; Definitions › 4 - Definitions.

§  4.  Definitions. Certain words and terms when used in this chapter,
unless the context or subject matter requires otherwise, are defined  as
follows:
1. Wherever the word or words "occupied," "is occupied," "used" or "is
used"  appear,  such  word or words shall be construed as if followed by
the words "or is intended, arranged or designed to be used or occupied."
2. The word "shall" is always mandatory.
3. The term "department" shall mean the department,  bureau,  division
or other agency charged with the enforcement of this chapter.
4.  A "dwelling" is any building or structure or portion thereof which
is occupied in whole or in part as the home, residence or sleeping place
of one or more human beings.
5. A "family" is either a person occupying a dwelling and  maintaining
a  household,  with  not more than four boarders, roomers or lodgers, or
two  or  more  persons  occupying  a  dwelling,  living   together   and
maintaining  a  common  household,  with  not  more  than four boarders,
roomers or lodgers.  A "boarder," "roomer" or "lodger" residing  with  a
family  shall  mean  a  person  living  within  the household who pays a
consideration for such residence and does not occupy such  space  within
the household as an incident of employment therein.
6.  A  "private  dwelling"  is  any building or structure designed and
occupied exclusively  for  residence  purposes  by  not  more  than  two
families.
A  building  designed  for and occupied exclusively by one family is a
"single-family private dwelling."
A building designed for and occupied exclusively by two families is  a
"two-family private dwelling."
Private  dwellings  shall  also  be  deemed  to  include  a  series of
one-family or two-family dwelling  units  each  of  which  faces  or  is
accessible  to  a legal street or public thoroughfare provided that each
such dwelling unit is equipped as a  separate  dwelling  unit  with  all
essential services, and also provided that each such unit is arranged so
that it may be approved as a legal one-family or two-family dwelling.
7. A "multiple dwelling" is a dwelling which is either rented, leased,
let  or  hired  out,  to be occupied, or is occupied as the residence or
home of three or more families living independently of  each  other.  On
and after July first, nineteen hundred fifty-five, a "multiple dwelling"
shall  also include residential quarters for members or personnel of any
hospital staff which are not located in any building used primarily  for
hospital  use  provided,  however,  that any building which was erected,
altered or converted prior to July first, nineteen  hundred  fifty-five,
to  be  occupied  by such members or personnel or is so occupied on such
date shall not be subject to the requirements of this  chapter  only  so
long  as  it  continues  to be so occupied provided there are local laws
applicable to such building and such building is in compliance with such
local laws. A "multiple dwelling" shall  not  be  deemed  to  include  a
hospital,  convent,  monastery,  asylum  or  public  institution,  or  a
fireproof building used wholly for commercial purposes  except  for  not
more  than  one  janitor's  apartment  and  not  more than one penthouse
occupied by not more than two families. For the purposes of this chapter
"multiple dwellings" are divided into two classes: "class A" and  "class
B."
8.  a.  A  "class  A" multiple dwelling is a multiple dwelling that is
occupied for permanent residence  purposes.  This  class  shall  include
tenements,   flat   houses,  maisonette  apartments,  apartment  houses,
apartment  hotels,  bachelor  apartments,  studio   apartments,   duplex
apartments,  kitchenette  apartments,  garden-type  maisonette  dwelling
projects, and all other  multiple  dwellings  except  class  B  multiple

dwellings.  A class A multiple dwelling shall only be used for permanent
residence purposes. For the  purposes  of  this  definition,  "permanent
residence purposes" shall consist of occupancy of a dwelling unit by the
same  natural person or family for thirty consecutive days or more and a
person or family so occupying a  dwelling  unit  shall  be  referred  to
herein  as  the permanent occupants of such dwelling unit. The following
uses of a dwelling unit by the permanent occupants thereof shall not  be
deemed  to  be inconsistent with the occupancy of such dwelling unit for
permanent residence purposes:
(1) (A)  occupancy  of  such  dwelling  unit  for  fewer  than  thirty
consecutive days by other natural persons living within the household of
the  permanent occupant such as house guests or lawful boarders, roomers
or lodgers; or
(B) incidental and occasional occupancy  of  such  dwelling  unit  for
fewer  than  thirty  consecutive  days by other natural persons when the
permanent occupants are temporarily absent for personal reasons such  as
vacation  or  medical  treatment,  provided  that  there  is no monetary
compensation paid to the permanent occupants for such occupancy.
(2)  In  a  class  A  multiple  dwelling  owned   by   an   accredited
not-for-profit  college  or  university  or  leased by such a college or
university under a net lease for a term of forty-nine years or more, the
use of designated dwelling units for occupancy  for  fewer  than  thirty
consecutive  days  shall  not be inconsistent with the occupancy of such
multiple dwelling for permanent residence purposes if:
(A) No more than five percent of the dwelling units in  such  multiple
dwelling  but  not  less than one dwelling unit, are designated for such
use and the designation of a unit  once  made  may  not  be  changed  to
another unit;
(B) A list of the designated dwelling units certified by an authorized
representative  of  the college or university is kept on the premises by
the owner or net lessee and made available upon request  for  inspection
by the department or the fire department of such city;
(C)  Only designated dwelling units on the certified list are used for
occupancy for fewer than thirty consecutive days and only by (i) natural
persons, other than persons whose only relationship with the college  or
university  is  as  a  student,  for  whom the college or university has
undertaken to provide housing accommodations such as visiting professors
and academics, graduate students with research or teaching  fellowships,
researchers  and  persons  presenting  academic papers, interviewing for
positions of employment  or  having  other  similar  business  with  the
college  or  university,  or  (ii)  natural  persons for whom a hospital
affiliated with such college or university  has  undertaken  to  provide
housing  accommodations  such  as  patients,  patients'  families and/or
accompanying escorts, medical professionals and  healthcare  consultants
or persons having other similar business with such hospital. A log shall
be maintained on the premises of the names and addresses of such persons
and the duration and reason for their stay. Such log shall be accessible
upon request for inspection by the department and the fire department of
such municipality;
(D) No rent or other payment is collected for such occupancy; and
(E)  The  fire  department  of such city shall require the filing of a
fire safety plan or other appropriate fire safety procedure.
b.  A  "garden-type  maisonette  dwelling  project"  is  a  series  of
attached, detached or semi-detached dwelling units which are provided as
a  group  collectively  with  all  essential  services  such as, but not
limited to, water supply and house sewers, and which units  are  located
on  a  site  or  plot  not less than twenty thousand square feet in area
under common ownership and erected under plans filed with the department

on or after April eighteenth, nineteen  hundred  fifty-four,  and  which
units  together  and  in  their  aggregate  are  arranged or designed to
provide three or more apartments.
9.  A  "class  B"  multiple  dwelling  is a multiple dwelling which is
occupied, as a rule transiently, as the more or less temporary abode  of
individuals or families who are lodged with or without meals. This class
shall  include  hotels, lodging houses, rooming houses, boarding houses,
boarding schools, furnished room houses, lodgings, club houses,  college
and  school  dormitories and dwellings designed as private dwellings but
occupied by one or two families with five or  more  transient  boarders,
roomers or lodgers in one household.
10.  A  "converted  dwelling"  is  a dwelling (a) erected before April
eighteenth, nineteen hundred twenty-nine, to be occupied by one  or  two
families living independently of each other and subsequently occupied as
a  multiple  dwelling, or (b) a dwelling three stories or less in height
erected after April eighteenth,  nineteen  hundred  twenty-nine,  to  be
occupied  by  one or two families living independently of each other and
subsequently occupied by not more than three families  in  all,  with  a
maximum  occupancy of two families on each floor in a two story building
and one family on each floor in a three story  building,  in  compliance
with  the  provisions  of article six of this chapter, including section
one hundred seventy-a of said article. A converted dwelling occupied  as
a class A multiple dwelling is a class A converted dwelling; every other
converted dwelling is a class B converted dwelling.
11.  A "tenement" is any building or structure or any portion thereof,
erected before April eighteenth, nineteen hundred twenty-nine, which  is
occupied,  wholly or in part, as the residence of three families or more
living independently of each other and  doing  their  cooking  upon  the
premises,  and  includes  apartment  houses,  flat  houses and all other
houses so erected and occupied, except that  a  tenement  shall  not  be
deemed  to  include  any  converted dwelling. An "old-law tenement" is a
tenement existing  before  April  twelfth,  nineteen  hundred  one,  and
recorded  as  such  in  the department before April eighteenth, nineteen
hundred twenty-nine, except that it shall not be deemed to  include  any
converted dwelling.
12. A "hotel" is an inn having thirty or more sleeping rooms.
13.  A  "rooming  house"  or  a  "furnished  room house" is a multiple
dwelling, other than a hotel, having less than thirty sleeping rooms and
in which persons either individually or as families are housed for  hire
or  otherwise  with  or  without  meals.  An  inn  with less than thirty
sleeping rooms is a rooming house.
14. A "lodging house" is a multiple dwelling, other than  a  hotel,  a
rooming house or a furnished room house, in which persons are housed for
hire  for  a  single  night, or for less than a week at one time, or any
part of which is let for any person to sleep in for any term less than a
week.
15. An "apartment" is that part of a multiple dwelling  consisting  of
one  or  more  rooms containing at least one bathroom and arranged to be
occupied by the members of a family, which room or rooms  are  separated
and set apart from all other rooms within a multiple dwelling.
16.  "Single room occupancy" is the occupancy by one or two persons of
a single room, or of 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. When a class A multiple dwelling is used wholly  or  in  part
for single room occupancy, it remains a class A multiple dwelling.
17.  A  "public  hall"  is  a  hall,  corridor  or passageway within a
building but outside of all apartments and suites of  private  rooms.  A
"public  vestibule"  is  a corridor, not within an apartment or suite of
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
shafts  opening  upon it. A "public room" or "public part" of a dwelling
is a space used in common by the occupants of two or more apartments  or
rooms,  or by persons who are not tenants, or exclusively for mechanical
equipment of such dwelling or for storage purposes.
18. A "living room" is a room which  is  not  a  public  hall,  public
vestibule,  public  room  or other public part of a dwelling. Every room
used for sleeping purposes shall be deemed a living  room.  Dining  bays
and  dinettes  fifty-five  square  feet  or  less in floor area, foyers,
water-closet compartments, bathrooms, cooking spaces  less  than  eighty
square  feet  in  area,  and  halls,  corridors and passageways entirely
within an apartment or suite of rooms shall not be deemed living  rooms.
"Floor  space"  shall  mean the clear area of the floor contained within
the partitions or walls  enclosing  any  room,  space,  foyer,  hall  or
passageways of any dwelling.
19.  A "dining bay," "dining recess" or "dinette" is a recess used for
dining purposes off a living room, foyer or kitchen.
20. A "foyer" is a space within an apartment or suite of rooms used as
an entrance hall directly from a public hall.
21. A "dormitory" in a lodging house is any place  used  for  sleeping
purposes.  A  "cubicle"  is  a  small  partially enclosed sleeping space
within a dormitory with or without a window to the outer air.
22. "Premises" shall mean land and improvements  or  appurtenances  or
any part thereof.
23. "Structure" shall mean a building or construction of any kind.
24.  "Alteration,"  as  applied to a building or structure, shall mean
any change or rearrangement in the structural parts  or  in  the  egress
facilities  of  any  such  building  or  structure,  or  any enlargement
thereof, whether by extension on any side or by any increase in  height,
or  the  moving  of  such  building  or  structure  from one location or
position to another.
25. A "fireproof multiple dwelling" is one  in  which  the  walls  and
other  structural  members  are of incombustible materials or assemblies
meeting all of the requirements of the building code and  with  standard
fire-resistive  ratings  of  not  less than one of the following sets of
requirements:
a. For any multiple dwelling more than one  hundred  feet  in  height,
four  hours  for  fire  walls,  party  walls,  piers,  columns, interior
structural members which carry walls, girders carrying columns, and  for
exterior  walls  other  than panel walls; three hours for other girders,
fire partitions, floors including their beams and girders, beams, roofs,
floor fillings, and stairway enclosures;  and  two  hours  for  exterior
panel walls.
b.  For  any multiple dwelling one hundred feet or less in height, the
provisions of preceding paragraph a shall apply, except that the minimum
requirements shall be three hours for exterior walls  other  than  panel
walls,  which  shall  be two hours; two hours for protection of interior
columns; one and one-half hours for roofs  and  for  floors  and  beams;
provided, however, that for a multiple dwelling three stories or less in
height, the requirement for all floors and the roof shall be one hour.
26. The term "fireproof," as applied to a part or parts of a building,
means  such  part  or  parts  are  made  of incombustible materials with
standard fire-resistive ratings not less than  those  required  for  the
corresponding part or parts of a fireproof dwelling.
27.  A  "non-fireproof  dwelling"  is  one  which  does  not  meet the
requirements for a fireproof dwelling.
28.  A  "frame  dwelling" is a dwelling of which the exterior walls or
any structural parts of such walls are of wood. A dwelling  which  would
not  otherwise  be a frame dwelling shall not be deemed a frame dwelling
by reason of the existence on such  dwelling  of  frame  oriel,  bay  or
dormer  windows,  frame  porches  not  more than one story in height, or
frame extensions not more than one story in height and fifty-nine square
feet in area if such windows, porches or extensions were  erected  prior
to April thirteenth, nineteen hundred forty.
29.  The  term  "fire-retarded,"  as  applied  to a part or parts of a
building, means such part or parts are either covered  with  metal  lath
plastered  with  two  or  more  coats  of  mortar or otherwise protected
against fire in a manner approved by the department  with  materials  of
standard fire-resistive ratings of at least one hour. Fireproofing shall
always be accepted as meeting any requirement for fire-retarding.
30.  "Fire-stopping" means the closing of all concealed draft openings
to form an effectual fire barrier at floors,  ceilings  and  roofs  with
brick,  concrete,  gypsum, asbestos, mineral wool, rock wool, metal lath
with  cement  or  gypsum  plaster,  or  other   approved   incombustible
materials.
31.  A "lot" is 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.  A  "corner lot" is 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.  That  portion of a corner lot in excess of one hundred
feet from any street on which the  lot  abuts  shall  be  considered  an
interior lot.
An "interior lot" is a lot which is neither a corner lot nor a through
lot.
b.  The  "front"  of  a  lot  is that boundary line which abuts on the
street, or, if there be more than one street  abutting,  on  the  street
designated  by  the  owner. The "rear" of a lot is the side opposite the
front.
c. The "depth" of a lot is the distance from the front of the  lot  to
the extreme rear line of the lot. In the case of an irregular-shaped lot
the mean depth shall be taken.
d.  A  "through  lot"  is  a lot running through from street to street
whose front and rear lines abut for their entire lengths upon streets or
open public places; provided, however, that when either  of  said  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. The department may designate which part  of  the
longer   line   is   the  excess  in  length  and  make  any  reasonable
interpretation of the part of the lot to be regarded  as  contiguous  to
such excess.
e.  Lots  or portions of lots shall be deemed "back to back" when they
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.
32.  A  "rear  yard"  is 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.  A "side yard" is a continuous open space on the same lot
with a dwelling between the wall of a dwelling and a  line  of  the  lot
from  the  street  to a rear yard or rear line of a lot. A "court" is an

open space other than a side  or  rear  yard,  on  the  same  lot  as  a
dwelling.  A court not extending to the street or rear yard is an "inner
court". A court extending to the  street  or  rear  yard  is  an  "outer
court".
32-a.  "A  rear yard equivalent" is an open area which may be required
on a through lot as an alternative to a required rear yard.
33. The "curb level", for the purpose of measuring the height  of  any
portion  of  a  building,  is the level of the curb at the center of the
front of the 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 average elevation of the final grade adjoining all exterior walls of
a  building,  calculated from grade elevations taken at intervals of ten
feet around the exterior walls of the building, shall be considered  the
curb  level, unless the city engineer shall establish such curb level or
its equivalent.
34. A "street wall" of a building, at any level, is the  wall  of  the
building nearest to a street line abutting the property.
35.  a.  The  "height" of a dwelling is the vertical distance 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. When  no  roof  beams  exist  or  when  there  are
structures  wholly or partly above the roof, the height shall, except as
otherwise expressly provided, be measured from the  curb  level  to  the
level  of  the  highest  point  of any such structure; except that where
every part of the building is set back more than twenty-five feet from a
street line, the  height  shall  be  measured  from  the  average  grade
elevation  calculated from the final grade elevations taken at intervals
of ten feet around the exterior walls of the building.
b. Except as otherwise provided in section  two  hundred  eleven,  the
following superstructure shall not be considered in measuring the height
of  a  dwelling;  parapet walls or guard railings, other superstructures
twelve feet or less in height and occupying fifteen per centum  or  less
of  the  area  of  the  roof, elevator enclosures thirty feet or less in
height used solely for elevator purposes, enclosures fifty feet or  less
in  height  used  solely  for  tanks, cooling towers or other mechanical
equipment; and, when  approved  by  the  department,  pergolas,  spires,
chimneys, other ornamental treatments, roof gardens and playgrounds.
c.  When  on  the main roof of any fireproof multiple dwelling erected
after April eighteenth, nineteen hundred twenty-nine, in  which  one  or
more  passenger  elevators are operated, a penthouse dwelling is erected
the height of which does not exceed twelve feet and the walls  of  which
are  set back as provided in this paragraph, the height of such multiple
dwelling shall be measured as though no such penthouse had been  erected
thereon.  Such  penthouse walls shall be set back from the outer face of
the front parapet wall at least five feet, from the outer  face  of  the
yard  parapet  wall  at least ten feet, and from the inner face of every
other parapet wall at least three  feet;  except  that  the  setback  so
required  from  any  parapet  wall  facing  any  court or yard or recess
therefrom but not facing any street may be reduced  one-third  for  each
ten  per  centum  by  which  the  area of such court or yard exceeds the
required minimum area thereof at the highest level of such parapet wall,
and the setback so required from any parapet wall facing any street  may
be  reduced  one  foot  for each foot that such parapet wall is set back
from the building line established by law at the highest level  of  such
parapet  wall,  provided  that in the opinion of the department safe and
sufficient passage is provided to and from every part of the main  roof.

Any penthouse wall which may be flush with the inner face of any parapet
wall may be flush with the outer face thereof.
d.  If  a  rear  multiple  dwelling is erected after April eighteenth,
nineteen hundred twenty-nine, on  the  same  lot  as  a  front  multiple
dwelling,  and  the  depth of the yard of the front multiple dwelling is
more than sixty feet and the lowest point of such yard is below the curb
level and below the floor of a cellar of the front multiple dwelling  or
of  the  lowest  story  thereof if there is no cellar, the height of the
rear multiple dwelling shall be measured from such lowest point  instead
of from the curb level.
36.  A  "story" is 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  in  multiple  dwellings
erected  after  April  eighteenth,  nineteen  hundred  twenty-nine,  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.
37.  A  "cellar"  in  a dwelling is an enclosed space having more than
one-half of its height below the curb level;  except  that  where  every
part  of  the  building  is  set  back more than twenty-five feet from a
street line, the height shall  be  measured  from  the  adjoining  grade
elevations  calculated from final grade elevations taken at intervals of
ten feet around the exterior walls of the building. A cellar  shall  not
be counted as a story.
38.  A "basement" is a story partly below the curb level but having at
least one-half of its height above the curb  level;  except  that  where
every part of the building is set back more than twenty-five feet from a
street  line,  the  height  shall  be  measured from the adjoining grade
elevations calculated from final grade elevations taken at intervals  of
ten  feet around the exterior walls of the building. A basement shall be
counted as  a  story  in  determining  height,  except  as  provided  in
paragraph e of subdivision six of section one hundred two.
39.  A  "section" of a multiple dwelling is a part thereof, other than
an apartment or suite of rooms, separated as a unit  from  the  rest  of
such dwelling by fireproof construction.
40.  A  "shaft"  is  an  enclosed  space extending through one or more
stories of a building 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.
41.  A  "stair"  is  a  flight  or  flights of steps together with any
landings and parts of public halls through which it is necessary to pass
in going from one level thereof to another.
42. a. A "fire-tower" is a  fireproof  stair,  enclosed  in  fireproof
walls, without access to the building from which it affords egress other
than by a fireproof self-closing door opening on a communicating balcony
or other outside platform at each floor level.
b.  A  "fire-stair" is 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.
c.  A  "fire-escape"  is a combination of outside balconies and stairs
providing an unobstructed means of egress from  rooms  or  spaces  in  a
building.
d.  A  "panel  wall"  is  a  non-bearing wall in skeleton construction
erected between columns or piers and wholly supported at each story.
43. Window dimensions shall always be taken between stop-beads or,  if
there  are  no  stop-beads, between the sides, head and sill of the sash
opening.
44. The term "owner" shall mean and include the 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. Whenever a multiple dwelling shall have been
declared a public nuisance to any extent  pursuant  to  paragraph  b  of
subdivision  one  of section three hundred nine of this chapter and such
declaration shall have been filed as therein provided, the term  "owner"
shall  be deemed to include, in addition to those mentioned hereinabove,
all the officers, directors and persons having an interest in more  than
ten  per cent of the issued and outstanding stock of the owner as herein
defined, as holder or beneficial owner  thereof,  if  such  owner  be  a
corporation  other than a banking organization as defined in section two
of the banking law, a national banking association,  a  federal  savings
and loan association, The Mortgage Facilities Corporation, Savings Banks
Life  Insurance Fund, The Savings Banks Retirement System, an authorized
insurer as defined in section one hundred seven of the insurance law, or
a trust company or other corporation organized under the  laws  of  this
state all the capital stock of which is owned by at least twenty savings
banks  or  a subsidiary corporation all of the capital stock of which is
owned by such trust company or other corporation.