Section 301. Certificate of compliance or occupancy  


Latest version.
  • 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.