2023 New York Laws › MDW - Multiple Dwelling › Article 8 - Requirements and Remedies › 301 - Certificate of Compliance or Occupancy.

§ 301. Certificate of compliance or 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, to the building code and
rules and to all other applicable law, except that no  such  certificate
shall be required in the case of:
a.  Any  class  B  multiple  dwelling  existing  on  April eighteenth,
nineteen hundred twenty-nine, for which a certificate of  occupancy  was
not  required  before  such  date and in which no changes or alterations
have been made except in compliance with this chapter, and
b. Any old-law tenement, or any  class  A  multiple  dwelling  erected
after  April  twelfth,  nineteen hundred one, which was occupied for two
years immediately before January first, nineteen hundred  nine,  and  in
which no changes or alterations have been made except in compliance with
the tenement house law or this chapter, or wherein:
(1)  two  or  more apartments are combined creating larger residential
units, and
(2) the total legal number of families within the  building  is  being
decreased, and
(3) the bulk of the buildings is not being increased
These  exceptions  shall  not  be deemed to relieve any owner from the
obligation to make every alteration required in any old-law tenement  or
other  multiple dwelling in compliance with the applicable provisions of
this chapter.
2. Except as above provided, no dwelling constructed as or altered  or
converted  into  a  multiple  dwelling  after April eighteenth, nineteen
hundred twenty-nine, shall be occupied in whole or  in  part  until  the
issuance of a certificate of compliance or occupancy.
3.  Such  certificate  shall  be  issued within ten days after written
application therefor if the dwelling  shall  be  entitled  thereto.  The
department  shall,  on  request  of the owner or of his certified agent,
issue a certificate of compliance or occupancy for any existing multiple
dwelling  not  requiring  such  certificate,  provided  that,  after  an
inspection  by  the  department,  no  violations  are found against such
dwelling.
4. The head of the department may, on the request of the owner or  his
certified   agent,  issue  a  temporary  certificate  of  compliance  or
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 a total period of two years 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 against
the interest of such person in a  multiple  dwelling  to  which  such  a
certificate  applies  or  concerning  which  such  a  statement has been
issued.
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.
7.  a.  Any  certificate  by the department authorizing occupancy of a
dwelling as a Class B hotel shall also authorize occupancy of  units  in
such  dwelling  for  permanent  residence  purposes  notwithstanding any
provision of this chapter or of any state  law,  local  law,  ordinance,
resolution  or  regulation that would otherwise prohibit such occupancy,
require a change or alteration to the dwelling,  or  require  a  new  or
amended  certificate,  provided  that:  (1) such occupancy for permanent
residence purposes shall be subject to the approval of the local housing
agency in its discretion; (2)  a  portion  of  such  dwelling  shall  be
located  within  a  district  that under the local zoning regulations or
ordinances permits residential uses or within four hundred feet of  such
a  district,  and  such  dwelling  shall not be located in an industrial
business zone established pursuant to chapter six-D of title  twenty-two
of the administrative code of the city of New York; (3) in the case of a
property  at  which  any  hotel  workers are represented by a collective
bargaining representative, prior to  the  proposed  conversion  of  such
property  to  occupancy for permanent residence purposes, the collective
bargaining representative shall be notified in writing of  the  proposed
conversion,  and  the  property  owner  shall certify prior to the local
housing agency approving such occupancy that the  collective  bargaining
representative  has  mutually  agreed  in  a  separate  writing with the
property owner to undertake the specific  conversion  described  in  the
written  notice;  and  (4)  such  dwelling  shall meet the conditions in
paragraph b of this subdivision. Alterations to the configuration of any
such units shall be permitted  and  shall  comply  with  any  applicable
requirements  of  any  state  law,  local  law, ordinance, resolution or
regulation relating to  Class  B  hotels.  If  occupancy  for  permanent
residence   purposes   is   authorized  under  the  provisions  of  this
subdivision within a district where  the  local  zoning  regulations  or
ordinances  would not otherwise permit such use, the residential tenants
shall be notified of the district's zoning.
b. Occupancy of units in a dwelling shall not be authorized under  the
provisions  of paragraph a of this subdivision unless such units are (1)
financed by the state pursuant to and in compliance with the  provisions
of  article  thirty-one  of  the  private  housing  finance  law; or (2)
purchased, acquired, or financed by a  local  housing  agency,  for  the
purpose  of creating supportive and/or affordable housing to be operated
by an  appropriate  nonprofit  organization  pursuant  to  a  regulatory
agreement  or  contract with such local agency for low-income households
or people experiencing homelessness immediately prior to  entering  such
housing, where tenants shall earn no more than sixty percent of the area
median income and all units are rent stabilized and subject to permanent
affordability restrictions. For purposes of this paragraph, "appropriate
nonprofit    organization",    "affordable    housing",    "experiencing
homelessness",   "rent   stabilized",   and   "permanent   affordability
restrictions"  shall  have  the  same  meaning  as  defined  in  article
thirty-one of the private housing finance law.