New York Multiple Dwelling Law Section 264 - Conversion of certain dwellings.

* 264. Conversion of certain dwellings. 1. Notwithstanding any inconsistent provision of this chapter or of any other law, it shall be lawful until July first, nineteen hundred forty-nine, for any owner to convert a non-fireproof dwelling which is not of frame construction, not more than a basement and two additional stories in height, and not occupied by more than two families, for occupancy by not more than three families, in accordance with the provisions of this section, providing such dwelling was existing on April eighth, nineteen hundred forty-six, or was erected thereafter under plans on file with the department on or before such date.

2. The provisions of article six of this chapter shall not apply to conversion of dwellings under this section, except in so far as compliance therewith is expressly required as provided in or pursuant to this section.

3. Conversion of such dwellings under this section must be made:

a. In full compliance with the provisions of sections one hundred seventy-six, one hundred seventy-seven, and one hundred eighty-eight, of subdivision two of section one hundred eighty-nine, and of section two hundred;

b. In full compliance with the provisions of section one hundred eighty-five, except that if a cellar ceiling is plastered and in good repair only the area of the ceiling over any boiler located in the cellar and for three feet beyond need be covered with fire-retarding material;

c. In full compliance with the provisions of section one hundred eighty-seven unless such conversion was completed under authority of this section before July first, nineteen hundred forty-seven, and

d. In compliance with such additional provisions of article six of this chapter, and no other, as may be specifically required by, and in accordance with, rules and regulations of the department where the conversion is proposed to be made.

4. A plan of alteration to effect conversion of any such dwelling under this section shall be filed with such department and, when approved by it, shall constitute a lawful plan for three family occupancy of such dwelling.

* NB Expired July 1, 1949


Last modified: February 3, 2019