Section 309-A. Multiple dwelling; apartment prohibitions for certain employees

1. No janitor, superintendent,  manager,  custodian,  or  the
  like,  of  a  multiple  dwelling  shall  be  permitted  to  reside in an
  apartment unit in the multiple dwelling in which he is employed  if  the
  rental  of such apartment unit to a tenant is prohibited by any general,
  special, or local law.
    2. An owner, agent or operator of a multiple dwelling may apply to the
  department for a waiver of the provisions of this section on the  ground
  that  there  is  a bona fide unavailability of a suitable apartment unit
  for  occupation  by  any  of  the  above  mentioned  employees.  Upon  a
  determination  that  such  unavailability does exist, the department may
  grant an exemption from the application of the provisions of subdivision
  one of this section upon such terms and  conditions  as  it  shall  deem
  appropriate.
    3.  For  the  purposes  of  this section, the term "multiple dwelling"
  shall mean a building in which there is either rented,  leased,  let  or
  hired  out  to  be  occupied, or is occupied as the residence or home of
  three of more families living independently of each other.