2023 New York Laws › MRE - Multiple Residence › Article 8 - Requirements and Remedies › 302 - Certificate of Occupancy.

§  302.  Certificate  of  occupancy.  1. No multiple dwelling shall be
  occupied in whole or in part until the issuance of a certificate by  the
  department   that   said  dwelling  conforms  in  all  respects  to  the
  requirements of this chapter, except that no such certificate  shall  be
  required  for  any  multiple  dwelling  existing on July first, nineteen
  hundred fifty-two, for which a certificate of occupancy was not required
  before such date and in which no changes or alterations commenced on  or
  after  such  date have been made except in compliance with this chapter,
  and except that a certificate shall be required  prior  to  July  first,
  nineteen  hundred  fifty-seven  for  any  dwelling,  the  plans  for the
  alteration or conversion of which to multiple dwelling occupancy were on
  file with the department or a permit  authorizing  such  conversion  was
  issued  before  such  date and for which a certificate of occupancy upon
  completion of such conversion or alteration was not required before such
  date. This exception shall not be deemed to relieve any owner  from  the
  obligation  to  make such dwelling comply with the applicable provisions
  of this chapter.
2. Except as above provided, no dwelling constructed as or altered  or
  converted  into  a  multiple  dwelling  on or after July first, nineteen
  hundred fifty-two, shall be occupied in  whole  or  in  part  until  the
  issuance of a certificate of occupancy.
3.  The  department shall, on request of the owner or of his certified
  agent, issue a certificate of occupancy for any  old  multiple  dwelling
  not  requiring  such  certificate, provided that, after an inspection by
  the department, no violations are found against such dwelling.
4. A certificate of occupancy shall be issued within  ten  days  after
  written application therefor, if the dwelling shall be entitled thereto.
  When the department does not issue such certificate within ten days, the
  head  of  the  department  shall,  on  the  request  of the owner or his
  certified agent, issue  a  temporary  certificate  of  occupancy  for  a
  multiple  dwelling or a section or a part thereof for a period of ninety
  days or less, provided that such certificate shall bear the  endorsement
  that the dwelling has been inspected by the department and complies with
  all  the requirements of this chapter, and that such temporary occupancy
  will not jeopardize life, health or property. Such temporary certificate
  may be renewed at the discretion of  the  head  of  the  department  for
  similar  periods  but  shall  not  extend,  together with such renewals,
  beyond one year from the date of its original issuance.
5. A certificate, a record in the department, or a statement signed by
  the head of the department that a certificate has been  issued,  may  be
  relied  upon  by  every  person  who  in good faith purchases a multiple
  dwelling or who in good  faith  lends  money  upon  the  security  of  a
  mortgage  covering  such  a  dwelling. Whenever any person has so relied
  upon such a certificate, no claim that such dwelling had not,  prior  to
  the  issuance  of  such  certificate,  conformed  in all respects to the
  provisions of this chapter shall be made  against  such  person  or  his
  successor  in  title or ownership with respect to such multiple dwelling
  or mortgage, or against the interest of any  such  person  with  respect
  thereto.
6.  Notwithstanding  any  general  or  local  law  to  the contrary, a
  certificate issued for any multiple dwelling organized pursuant  to  the
  provisions  of  article nine-B of the real property law, shall be deemed
  issued for each dwelling unit contained within such multiple dwelling in
  full compliance with the requirements of this section.