2023 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; and
f.  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; and
c. 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.