Section 27-2089. Requirements for reoccupancy of vacant multiple dwellings


Latest version.
  • a.  In every multiple dwelling, where all apartments,  suites  of  rooms
      and  single  room  units,  at  any  time after July fourteenth, nineteen
      hundred sixty-seven: (1) Became untenanted for a period of sixty days or
      more, or
        (2) Were, or shall become, untenanted by reason of having been vacated
      by the department under the provisions of the administrative code or any
      provision of the multiple dwelling law on the ground that such  dwelling
      was  or  is  deemed  unfit for human habitation or dangerous to life and
      health, it shall be unlawful for the owner of such dwelling to cause  or
      permit  same  to  be used in whole or in part for living purposes (other
      than by a janitor, superintendent  or  resident  caretaker)  until  such
      dwelling  is  made  to  comply  with  the applicable requirements of the
      administrative code and the multiple dwelling law affecting the kind and
      class of such structure. For the purpose of determining whether any such
      dwelling is untenanted, occupancy of same by a  janitor,  superintendent
      or resident caretaker shall not be counted. It shall be unlawful for the
      owner  of  any such dwelling to cause or permit same to be used in whole
      or in part for living purposes (other than by a janitor,  superintendent
      or  resident  caretaker)  until (1) an application and plan for the work
      required by this article have  been  filed  with  and  approved  by  the
      department,  (2)  such work has been completed by the owner and approved
      by the department, and (3) a  new  certificate  of  occupancy  has  been
      obtained.
        b. The provisions of this article shall not apply to:
        (1)  any multiple dwelling which is vacant or partly vacant because of
      a current alteration being performed under application and plan approved
      by  the  department  for  the  elimination  of  interior  rooms  or  the
      installation of sanitary facilities as required by the provisions of the
      administrative code or the multiple dwelling law, or
        (2)  any  multiple dwelling which is vacant or partly vacant by reason
      of being used as a  summer  resort  dwelling  as  defined  in  paragraph
      forty-six  of  subdivision  a  of  section  27-2004  of  article  one of
      subchapter one of this chapter, or
        (3) any old law or new  law  tenement  for  which  no  certificate  of
      occupancy  has been issued, two or more apartments are being combined to
      create larger residential units, the  total  legal  number  of  families
      within  the  building is being decreased and the bulk of the building is
      not being increased.