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New York New York City Administrative Code(new) - Article 1 - § 27-2004 DefinitionsLegal Research Home > New York Laws > New York New York City Administrative Code(new) (ADC) > New York New York City Administrative Code(new) - Article 1 - § 27-2004 Definitions
§ 27-2004 Definitions. a. The following terms, as used in this
chapter, shall have the following meanings:
1. The term department shall mean the department, bureau, division or
other agency charged with the enforcement of this title.
2. Wherever the word or words occupied, is occupied, used, or is used
appear, such word or words shall be construed as if followed by the
words "or is intended, arranged or designed to be used or occupied".
3. A dwelling is any building or structure or portion thereof which is
occupied in whole or in part as the home, residence or sleeping place of
one or more human beings.
4. A family is
(a) A single person occupying a dwelling unit and maintaining a common
household with not more than two boarders, roomers or lodgers; or
(b) Two or more persons related by blood, adoption, legal
guardianship, marriage or domestic partnership; occupying a dwelling
unit and maintaining a common household with not more than two boarders,
roomers or lodgers; or
(c) Not more than three unrelated persons occupying a dwelling unit
and maintaining a common household; or
(d) Not more than three unrelated persons occupying a dwelling unit in
a congregate housing or shared living arrangement and maintaining a
common household; or
(e) Members of a group home; or
(f) Foster children placed in accordance with provisions of the New
York state social services law, their foster parents, and other persons
related to the foster parents by blood, marriage or domestic
partnership; where all residents occupy and maintain a common household
with not more than two boarders, roomers or lodgers; or
(g) Up to seven unrelated students enrolled at a single accredited
college or university occupying a student apartment, as such term is
defined in the New York city building code, and maintaining a common
household pursuant to a lease, sublease, or occupancy agreement directly
with such college or university, provided that:
(i) The entire structure in which the dwelling unit is located is
fully sprinklered in accordance with chapter 9 of the New York city
building code; and
(ii) Such occupancy does not exceed the maximums contained in
subdivision a of section 27-2075; and
(iii) Prior to commencement of such occupancy, and on an annual basis
thereafter such college or university has submitted a fire safety plan
containing fire safety and evacuation procedures for such dwelling unit
that is acceptable to the fire commissioner and in compliance with any
rules promulgated by the fire commissioner; and
(iv) The dwelling unit complies with additional occupancy and
construction requirements as may be established by rule by the
department of housing preservation and development or its successor.
A common household is deemed to exist if every member of the family
has access to all parts of the dwelling unit. Lack of access to all
parts of the dwelling unit establishes a rebuttable presumption that no
common household exists.
5. "Person," for the purposes of article four of subchapter three of
this chapter, means any adult or child over the age of four years. The
term "person" as used in subchapters four and five of this code shall
include the owner, mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent or any other person, firm or
corporation directly or indirectly in control of a dwelling or part
thereof. Whenever a multiple dwelling shall have been declared a public
nuisance to any extent pursuant to section 27-2114 of article one of
subchapter five of this chapter and such declaration shall have been
filed as therein provided, the term "person" shall be deemed to include,
in addition to those mentioned hereinabove, all the officers, directors
and persons having an interest in more than ten percent of the issued
and outstanding stock of the owner as herein defined, as holder or
beneficial owner thereof, if such person be a corporation other than a
banking organization as defined in section two of the banking law, a
national banking association, a federal savings and loan association,
the mortgage facilities corporation, savings banks life insurance fund,
the savings banks retirement system, an authorized insurer as defined in
section one hundred seven of the insurance law, or a trust company or
other corporation organized under the laws of this state all the capital
stock of which is owned by at least twenty savings banks or by at least
twenty savings and loan associations or a subsidiary corporation all of
the capital stock of which is owned by such trust company or other
corporation.
6. A private dwelling is any building or structure designed and
occupied for residential purposes by not more than two families. Private
dwellings shall also be deemed to include a series of one-family or
two-family dwelling units each of which faces or is accessible to a
legal street or public thoroughfare, if each such dwelling unit is
equipped as a separate dwelling unit with all essential services, and if
each such unit is arranged so that it may be approved as a legal
one-family or two-family dwelling.
7. A multiple dwelling is a dwelling which is either rented, leased,
let or hired out, to be occupied, or is occupied, as the residence or
home of three or more families living independently of each other. A
multiple dwelling shall also include residential quarters for members or
personnel of any hospital staff which are not located in any building
used primarily for hospital use, but any building which was erected,
altered or converted prior to July first, nineteen hundred fifty-five,
to be occupied by such members or personnel or is so occupied on such
date shall not be subject to the requirements of this code only so long
as it continues to be so occupied if there are local laws applicable to
such building and such building is in compliance with such local laws. A
multiple dwelling does not include (i) a hospital, convent, monastery,
asylum or public institution; or (ii) a fireproof building used wholly
for commercial purposes except for not more than one janitor's apartment
and not more than one penthouse occupied by not more than two families.
For the purposes of this chapter, multiple dwellings are divided into
two classes: "class A" and "class B."
8. (a) A class A multiple dwelling is a multiple dwelling that is
occupied for permanent residence purposes. This class shall include
tenements, flat houses, maisonette apartments, apartment houses,
apartment hotels, bachelor apartments, studio apartments, duplex
apartments, kitchenette apartments, garden-type maisonette dwelling
projects, and all other multiple dwellings except class B multiple
dwellings. A class A multiple dwelling shall only be used for permanent
residence purposes. For the purposes of this subparagraph, "permanent
residence purposes" shall consist of occupancy of a dwelling unit by the
same natural person or family for thirty consecutive days or more, and a
natural person or family so occupying a dwelling unit shall be referred
to herein as the permanent occupants of such dwelling unit. The
following uses of a dwelling unit by the permanent occupants thereof
shall not be deemed to be inconsistent with occupancy of such dwelling
unit for permanent residence purposes:
(1) (A) occupancy of such dwelling unit for fewer than thirty
consecutive days by other natural persons living within the household of
the permanent occupant such as house guests or lawful boarders, roomers
or lodgers; or
(B) incidental and occasional occupancy of such dwelling unit for
fewer than thirty consecutive days by other natural persons when the
permanent occupants are temporarily absent for personal reasons such as
vacation or medical treatment, provided that there is no monetary
compensation paid to the permanent occupants for such occupancy.
(2) In a class A multiple dwelling owned by an accredited
not-for-profit college or university or leased by such a college or
university under a net lease for a term of forty-nine years or more, the
use of designated dwelling units for occupancy for fewer than thirty
consecutive days shall not be inconsistent with the occupancy of such
multiple dwelling for permanent residence purposes if:
(A) No more than five percent of the dwelling units in such multiple
dwelling but not less than one dwelling unit, are designated for such
use and the designation of a unit once made may not be changed to
another unit;
(B) A list of the designated dwelling units certified by an authorized
representative of the college or university is kept on the premises by
the owner or net lessee and made available upon request for inspection
by the department or the fire department of such city;
(C) Only designated dwelling units on the certified list are used for
occupancy for fewer than thirty consecutive days and only by (i) natural
persons, other than persons whose only relationship with the college or
university is as a student, for whom the college or university has
undertaken to provide housing accommodations such as visiting professors
and academics, graduate students with research or teaching fellowships,
researchers and persons presenting academic papers, interviewing for
positions of employment or having other similar business with the
college or university, or (ii) natural persons for whom a hospital
affiliated with such college or university has undertaken to provide
housing accommodations such as patients, patients' families and/or
accompanying escorts, medical professionals and healthcare consultants
or persons having other similar business with such hospital. A log shall
be maintained on the premises of the names and addresses of such persons
and the duration and reason for their stay. Such log shall be accessible
upon request for inspection by the department and the fire department of
such municipality;
(D) No rent or other payment is collected for such occupancy; and
(E) The fire department of such city shall require the filing of a
fire safety plan or other appropriate fire safety procedure.
(b) A garden-type maisonette dwelling project is a series of attached,
detached or semi-detached dwelling units which are provided as a group
collectively with all essential services such as, but not limited to,
water supply and house sewers, and which units are located on a site or
plot not less than twenty thousand square feet in area under common
ownership and erected under plans filed with the department on or after
April eighteenth, nineteen hundred fifty-four, and which units together
and in their aggregate are arranged or designed to provide three or more
apartments.
9. A class B multiple dwelling is a multiple dwelling which is
occupied, as a rule, transiently, as the more or less temporary abode of
individuals or families who are lodged with or without meals. This class
includes hotels, lodging houses, rooming houses, boarding houses,
boarding schools, furnished room houses, lodgings, club houses, and
college and school dormitories.
10. A converted dwelling is a dwelling (i) erected before April
eighteenth, nineteen hundred twenty-nine, to be occupied by one or two
families living independently of each other and subsequently occupied as
a multiple dwelling or (ii) a dwelling three stories or less in height
erected after April eighteenth, nineteen hundred twenty-nine, to be
occupied by one or two families living independently of each other and
subsequently 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. A converted
dwelling occupied as a class A multiple dwelling is a class A converted
dwelling; every other converted dwelling is a class B converted
dwelling.
11. A tenement is any building or structure or any portion thereof,
erected before April eighteenth, nineteen hundred twenty-nine, which is
occupied, wholly or in part, as the residence of three families or more
living independently of each other and doing their cooking upon the
premises and includes apartment houses, flat houses and all other houses
so erected and occupied, except that a tenement shall not be deemed to
include any converted dwelling. An old law tenement is a tenement
existing before April twelfth, nineteen hundred one, and recorded as
such in the tenement house department before April eighteenth, nineteen
hundred twenty-nine, except that it shall not be deemed to include any
converted dwelling.
12. A hotel is an inn having thirty or more sleeping rooms.
13. Dwelling unit shall mean any residential accommodation in a
multiple dwelling or private dwelling.
14. Apartment shall mean one or more living rooms, arranged to be
occupied as a unit separate from all other rooms within a dwelling, with
lawful sanitary facilities and a lawful kitchen or kitchenette for the
exclusive use of the family residing in such unit.
15. Rooming unit shall mean one or more living rooms arranged to be
occupied as a unit separate from all other living rooms, and which does
not have both lawful sanitary facilities and lawful cooking facilities
for the exclusive use of the family residing in such unit. It may be
located either within an apartment or within any class A or class B
multiple dwelling. A rooming unit shall not include a living room in a
class B hotel or any other dwelling complying with section sixty-seven
of the multiple dwelling law and so classified and recorded in the
department.
16. Rooming house shall mean a class B converted dwelling with more
than half of the rooms in rooming units.
17. Single room occupancy is the occupancy by one or two persons of a
single room, or of two or more rooms which are joined together,
separated from all other rooms within an apartment in a multiple
dwelling, so that the occupant or occupants thereof reside separately
and independently of the other occupant or occupants of the same
apartment. When a class A multiple dwelling is used wholly or in part
for single room occupancy, it remains a class A multiple dwelling.
18. A lodging house is a multiple dwelling, other than a hotel, a
rooming house or a furnished room house, in which persons are housed for
hire for a single night, or for less than a week at one time, or any
part of which is let for any person to sleep in for any term less than a
week.
19. Public hall shall mean a hall, corridor or passageway within a
building but outside of all apartments and suites of private rooms.
20. Public part of a dwelling includes a public hall and any space
used in common by the occupants of two or more apartments or rooms, or
by persons who are not tenants, or exclusively for mechanical equipment
of such dwelling or for storage purposes.
21. Living room shall mean any room within a dwelling unit except a
dining space, kitchenette, bathroom or water closet compartment, foyer
or private hall, corridor or passageway.
22. The floor area is the clear area of the floor contained within the
partitions or walls enclosing any room, space, foyer, hall or passageway
of any dwelling.
23. Dining space shall mean a space with fifty-five square feet or
less of floor area, which has such permanent fittings as the department
requires, located off a living room, foyer or kitchen. A dining space
includes a dining bay, dining recess or dinette.
24. Foyer shall mean a space within a dwelling unit in a multiple
dwelling used as an entrance hall from the public hall, which is not a
living room when its floor area does not exceed either: (a) ten percent
of the total floor area of the dwelling unit; or (b) twenty percent of
such floor area, if every living room is at least twenty percent larger
than the required minimum room size.
25. Kitchen shall mean a living room used for cooking with eighty
square feet or more of floor area.
26. Kitchenette shall mean a space used for cooking with less than
eighty square feet of floor area.
27. Dormitory shall mean a space occupied for sleeping purposes by
three or more persons who are not members of a family maintaining a
common household in:
a. A lodging house, except for an apartment occupied solely by an
owner, janitor or superintendent; or
b. A college or school dormitory legally recorded and classified in
the department prior to May fifteenth, nineteen hundred fifty-four, or
converted to such use prior to April thirtieth, nineteen hundred
fifty-six; or
c. A dwelling owned and operated by a religious, charitable or
educational organization for the purposes enumerated in section 27-2077
of article four of subchapter three of this chapter; or
d. A dwelling owned, operated or used for the purposes enumerated in
section 27-2077 of article four of subchapter three of this chapter.
28. Premises shall mean land and improvements or appurtenances or any
part thereof.
29. Structure shall mean a building or construction of any kind.
30. Alteration, as applied to a building or structure, shall mean any
change or rearrangement in the structural parts or in the existing
facilities of any such building or structure, or any enlargement
thereof, whether by extension on any side or by any increase in height,
or the moving of such building or structure from one location or
position to another.
31. A multiple dwelling is fireproof if the walls and structural
members thereof meet the fire-resistive standards set forth in
subdivision twenty-five of section four of the multiple dwelling law.
Any other multiple dwelling is nonfireproof. A part of a dwelling is
fireproof if it meets the standard set forth in the multiple dwelling
law for the corresponding part of a fireproof dwelling.
32. Fire-retarded shall mean either covered with metal lath plastered
with two or more coats of mortar or otherwise protected against fire in
a manner approved by the department with materials of standard
fire-resistive ratings of at least one hour. Fireproofing shall always
be accepted as meeting any requirement for fire-retarding.
33. A rear yard is an open space on the same lot with a dwelling
between the extreme rear line of the lot and the extreme rear wall of
the dwelling. A side yard is a continuous open space on the same lot
with a dwelling between the wall of a dwelling and a line of the lot
from the street to a rear yard or rear line of a lot.
34. A court is an open space other than a side or rear yard, on the
same lot as a dwelling. A court not extending to the street or rear yard
is an inner court. A court extending to the street or rear yard is an
outer court.
35. A story is a space between the level of one finished floor and the
level of the next higher finished floor, or, if the top story, the space
between the level of the highest finished floor and the top of the
highest roof beams, or, if the first story, the space between the level
of the finished floor and the finished ceiling immediately above. For
the purpose of measuring height by stories in multiple dwellings erected
after April eighteenth, nineteen hundred twenty-nine, one additional
story shall be added for each twelve feet or fraction thereof that the
first story exceeds fifteen feet in height, and for each twelve feet or
fraction thereof that any story above the first story exceeds twelve
feet in height.
36. Except as otherwise provided, the curb level, for the purpose of
measuring the height of any portion of a building, is the level of the
curb at the center of the front of the building; except that where a
building faces on more than one street, the curb level is the average of
the levels of the curbs at the center of each front. Where no curb
elevation has been established the mean level of the land immediately
adjacent to the building prior to any excavation or fill shall be
considered the curb level, unless the city engineer shall establish such
curb level or its equivalent.
37. A cellar in a dwelling is an enclosed space having more than
one-half of its height below the curb level. A cellar shall not be
counted as a story.
38. A basement is a story partly below the curb level but having at
least one-half of its height above the curb level. A basement shall be
counted as a story.
39. A shaft is an enclosed space extending through one or more stories
of a building connecting a series of openings therein, or any story or
stories and the roof, and includes exterior and interior shafts whether
for air, light, elevator, dumbwaiter or any other purpose.
40. A stair is a flight or flights of steps together with any landings
and parts of public halls through which it is necessary to pass in going
from one level thereof to another.
41. A firestair is a fireproof stair, enclosed in fireproof walls,
within the body of the building which it serves, to which access may be
had only through self-closing fireproof doors.
42. A firetower is a fireproof stair, enclosed in fireproof walls,
without access to the building from which it affords egress other than
by a fireproof self-closing door opening on a communicating balcony or
other outside platform at each floor level.
43. A fire escape is a combination of outside balconies and stairs
providing an unobstructed means of egress from rooms or spaces in a
building.
44. Window dimensions shall always be taken between stop beads or, if
there are no stop beads, between the sides, head and sill of the sash
opening.
45. The term "owner" shall mean and include the owner or owners of the
freehold of the premises or lesser estate therein, a mortgagee or vendee
in possession, assignee of rents, receiver, executor, trustee, lessee,
agent, or any other person, firm or corporation, directly or indirectly
in control of a dwelling. Whenever a multiple dwelling shall have been
declared a public nuisance to any extent pursuant to section 27-2114 of
article one of subchapter five of this chapter and such declaration
shall have been filed, as therein provided, and for the purposes of
section 27-198 of article nineteen of subchapter one and section 27-2093
of article one of subchapter four of this code, the term "owner" shall
be deemed to include, in addition to those mentioned hereinabove, all
the officers, directors and persons having an interest in more than ten
per cent of the issued and outstanding stock of the owner as herein
defined, as holder or beneficial owner thereof, if such owner be a
corporation other than a banking organization as defined in section two
of the banking law, a national banking association, a federal savings
and loan association, the mortgage facilities corporation, savings banks
life insurance fund, the savings banks retirement system, an authorized
insurer as defined in section one hundred seven of the insurance law, or
a trust company or other corporation organized under the laws of this
state all the capital stock of which is owned by at least twenty savings
banks or by at least twenty savings and loan associations or a
subsidiary corporation all of the capital stock of which is owned by
such trust company or other corporation.
46. Summer resort dwelling shall mean a dwelling, located in a summer
resort community, which is occupied in whole or in part for living
purposes only for a seasonal period of the year between June first and
September thirtieth, other than by the family of the owner or the family
of a caretaker.
47. This code shall mean the housing maintenance code.
48. Except where otherwise provided, the term "harassment" shall mean
any act or omission by or on behalf of an owner that (i) causes or is
intended to cause any person lawfully entitled to occupancy of a
dwelling unit to vacate such dwelling unit or to surrender or waive any
rights in relation to such occupancy, and (ii) includes one or more of
the following:
a. using force against, or making express or implied threats that
force will be used against, any person lawfully entitled to occupancy of
such dwelling unit;
b. repeated interruptions or discontinuances of essential services, or
an interruption or discontinuance of an essential service for an
extended duration or of such significance as to substantially impair the
habitability of such dwelling unit;
c. failing to comply with the provisions of subdivision c of section
27-2140 of this chapter;
d. commencing repeated baseless or frivolous court proceedings against
any person lawfully entitled to occupancy of such dwelling unit;
e. removing the possessions of any person lawfully entitled to
occupancy of such dwelling unit;
f. removing the door at the entrance to an occupied dwelling unit;
removing, plugging or otherwise rendering the lock on such entrance door
inoperable; or changing the lock on such entrance door without supplying
a key to the new lock to the persons lawfully entitled to occupancy of
such dwelling unit; or
g. other repeated acts or omissions of such significance as to
substantially interfere with or disturb the comfort, repose, peace or
quiet of any person lawfully entitled to occupancy of such dwelling unit
and that cause or are intended to cause any person lawfully entitled to
occupancy of a dwelling unit to vacate such dwelling unit or to
surrender or waive any rights in relation to such occupancy.
b. Except as otherwise provided herein, all terms used in this chapter
shall be construed in a manner consistent with their use in the multiple
dwelling law.
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