Section 9. Buildings converted or altered  


Latest version.
  • 1.  On  or  after  December
      fifteenth, nineteen hundred sixty-one, no  multiple  dwelling  shall  be
      enlarged  or  its  lot  diminished  so that the yard or other unoccupied
      areas shall be  less  in  size  or  area  than  the  minimum  dimensions
      prescribed in section twenty-six.
        2.  A  building  not  a  dwelling, if converted or altered after April
      eighteenth, nineteen hundred twenty-nine, to a multiple dwelling,  shall
      thereupon   become  subject  to  all  the  provisions  of  this  chapter
      applicable to dwellings of like class and kind erected after such date.
        3. A dwelling of one class or kind, altered or converted  after  April
      eighteenth,  nineteen  hundred  twenty-nine,  to  another class or kind,
      except as hereinafter in this section and  in  articles  six  and  seven
      otherwise provided, shall thereupon become subject to all the provisions
      of  this chapter applicable to a building of that class or kind, erected
      after such date, to which it is altered or converted.
        4. No dwellings shall be altered so as  to  be  in  violation  of  any
      provision  of  this chapter relating to dwellings of like class and kind
      erected after April eighteenth,  nineteen  hundred  twenty-nine,  except
      that  it  shall  be  sufficient  for  the  purposes of this section that
      tenements shall comply with article seven,  converted  dwellings  comply
      with  article  six,  and  lodging  houses comply with section sixty-six.
      Nothing in this section  shall,  however,  be  deemed  to  prohibit  the
      conversion  or  alteration  of  any  multiple  dwelling,  other  than  a
      converted dwelling and a lodging house, from a class  A  to  a  class  B
      multiple  dwelling,  or vice-versa, provided that the entire dwelling is
      of fireproof construction and is  made  to  conform  to  the  applicable
      provisions  of  section sixty-seven, and to all other provisions of this
      chapter applicable to multiple dwellings of like class and kind  erected
      before April eighteenth, nineteen hundred and twenty-nine.
        5.  a.  Any  multiple  dwelling  may  be  altered  to conform with any
      provision of this chapter applicable to dwellings of like class and kind
      and not expressly limited in  application  to  dwellings  erected  after
      April  eighteenth,  nineteen  hundred  twenty-nine; or to conform to the
      provisions of  this  chapter  relating  to  egress,  or  to  exits  from
      apartments,  in dwellings of like class and kind erected after such date
      if such dwelling also  conforms  or  is  made  to  conform  to  all  the
      requirements  relating  to  stairs and public halls in dwellings erected
      after such date, except that  existing  dimensions  of  stair  landings,
      treads and risers need not be changed.
        b.  An  apartment in any part of a fireproof multiple dwelling erected
      before April eighteenth, nineteen hundred twenty-nine, may be altered or
      subdivided and need not conform to the requirements of  paragraph  a  of
      this  section  relating  to  stairs and public halls provided each newly
      created apartment has access to a public hall which provides  horizontal
      egress  to  at least two stairs. If both of such stairs are not arranged
      and designed as required by sections  two  hundred  thirty-six  and  two
      hundred  thirty-seven,  at least one of such stairs shall be so arranged
      and designed, and the other shall be arranged and designed  as  required
      by  section  two  hundred thirty-nine. Both stairs shall be protected by
      automatic sprinkler heads throughout.
        6. Any tenement previously converted to other uses may be  altered  or
      reconverted  to  a  tenement by complying with the provisions of article
      seven, provided, however, that its height and  bulk  were  not  enlarged
      prior  to  such alteration or reconversion except as permitted by and in
      accordance with the provisions of sections two hundred  eleven  and  two
      hundred twelve of this chapter.
        7. In any class B multiple dwelling, except a rooming house or lodging
      house,  any  apartment  may  be  occupied  as  an apartment in a class A
    
      multiple  dwelling,  provided  such  apartment  complies  with  all  the
      requirements  for apartments in class A multiple dwellings erected after
      April eighteenth, nineteen hundred twenty-nine. In any rooming house  or
      lodging  house, one apartment may be occupied as an apartment in a class
      A multiple dwelling, provided such apartment is occupied solely  by  the
      owner, janitor, superintendent or caretaker.
        8.  Any apartment in any class A multiple dwelling may be occupied for
      single room occupancy only if such dwelling complies with the provisions
      of section two hundred forty-eight and  all  other  provisions  of  this
      chapter applicable to such dwelling.
        9.  Excepting  a frame dwelling, any dwelling three stories or less in
      height erected after April eighteenth, nineteen hundred twenty-nine as a
      one or two-family dwelling may be converted to a multiple dwelling to be
      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, provided however that it
      shall be unlawful for any such dwelling  converted  at  any  time  since
      October  fifteenth,  nineteen hundred fifty-two, to have any boarders or
      roomers. In each such instance, compliance shall be  required  with  all
      the  provisions  of article six, including section one hundred seventy-a
      of said article.
        10. If any class A dwelling erected before April eighteenth,  nineteen
      hundred  twenty-nine,  is altered so as to increase the number of living
      rooms by more than twenty per centum, such dwelling, except as otherwise
      provided in sections two hundred eighteen, two hundred  thirty-five  and
      two  hundred thirty-six, shall be made to conform to the requirements of
      this chapter with respect to class A dwellings of like  class  and  kind
      erected after such date.