N.Y. Multiple Dwelling Law > Article 8 > Section 301
Article 8 N.Y. Multiple Dwelling Law Section 301 Certificate of Compliance or Occupancy
MDL Section 301
§ 301 Certificate of Compliance or Occupancy.
- 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:
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Source: N.Y. State Legislature
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