Section 27-2074
§ 27-2074 Minimum room sizes. a. In all multiple dwellings erected
after April eighteenth, nineteen hundred twenty-nine, every living room
shall have a minimum height of eight feet, except as required for
cellars and basements in section 27-2082 or 27-2083 of article five of
this subchapter. In a multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine pursuant to plans filed and approved prior
to December ninth, nineteen hundred fifty-five, and classified and
recorded in the department, at least one living room in an apartment
shall have a minimum floor area of one hundred thirty-two square feet;
if erected, constructed or altered pursuant to plans filed on or after
December ninth, nineteen hundred fifty-five, one living room shall have
a minimum floor area of one hundred fifty square feet. Every other
living room of an apartment in a multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine shall contain eighty square
feet and have a least minimum dimension of eight feet, except:
(1) A kitchen;
(2) A room complying with the light and ventilation requirements of
subdivision a of section 27-2058 of article one of this subchapter,
which has an opening of not less than sixty square feet into an
immediately adjoining room, may have a minimum floor area of seventy
square feet and a least horizontal dimension of seven feet;
(3) A dining space complying with the light and ventilation
requirements of subdivision f of section 27-2058 of article one of this
subchapter;
(4) One-half the number of bedrooms in an apartment containing three
or more bedrooms may have a least minimum dimension of seven feet;
(5) A room in a class B multiple dwelling may have a floor area of
sixty square feet and a least minimum dimension of six feet;
(6) A room in a lodging house, other than an apartment occupied by the
owner, janitor, superintendent or caretaker, shall comply with the
provisions of section sixty-six of the multiple dwelling law and rules
and regulations issued pursuant thereto by the department.
No living room, except dormitories in a lodging house, shall be
subdivided or otherwise enclosed unless each such portion complies with
the provisions of this section and those for light and ventilation
required in section 27-2058 of article one of this subchapter.
b. In a converted dwelling, every living room shall have a minimum
height of eight feet, except that a living room located on the top story
shall have a minimum height of seven feet in any part located more than
six feet from the front of such room, and a living room in the basement
or cellar shall comply with the requirements of subdivision b of section
27-2084 of article five of this subchapter. Except as provided in
subdivision e of this section, a living room in an apartment shall have
a least minimum dimension of six feet, a minimum floor area of sixty
square feet and a minimum of five hundred and fifty cubic feet of air;
and a living room in a rooming unit shall have not less than five
hundred and fifty cubic feet of air, unless it is:
(1) a kitchen;
(2) a noncomplying room which has an opening of not less than
thirty-two and one-half square feet into an immediately adjoining room.
c. In a new law tenement, every living room shall have a least
horizontal dimension of seven feet, except that if a living room is
either located in a dwelling erected prior to nineteen hundred twelve,
or is a kitchen or a sleeping room for a maid in a fireproof tenement
where a passenger elevator is operated, a least minimum dimension of
only six feet is required. Except as provided in subdivision e, one
living room shall have a minimum floor area of one hundred twenty square
feet, and every other room shall contain seventy square feet if the
minimum height of the room is nine feet, or eighty square feet if such
room has a minimum height of eight feet, unless it is:
(1) a kitchen;
(2) a dining space complying with the light and ventilation
requirements of section 27-2060 of article one of this subchapter. A
dining space is not permitted in an apartment with less than three
rooms. No living room shall be subdivided or otherwise enclosed unless
each such portion complies with the provisions of this section and those
for light and ventilation required in section 27-2058 of article one of
this subchapter for multiple dwellings erected after April eighteenth,
nineteen hundred twenty-nine.
d. In an old law tenement, every living room shall have a minimum
floor area of sixty square feet, except as provided in subdivision e.
e. In a multiple dwelling erected prior to April eighteenth, nineteen
hundred twenty-nine and altered pursuant to plans filed on or after
December ninth, nineteen hundred fifty-five:
(1) At least one living room in an apartment and any room used for
single room occupancy shall have a minimum floor area of one hundred
fifty square feet.
(2) All other living rooms in an apartment, or in a rooming unit in a
converted dwelling shall have a minimum floor area of seventy square
feet, except that a room in a lodging house, other than a room in an
apartment occupied by the owner, janitor, superintendent, or caretaker,
shall comply with the provisions of section sixty-six of the multiple
dwelling law and regulations issued pursuant thereto by the department.
f. As used in subdivisions a and e of this section, an alteration
shall mean the subdivision of any previously existing residential units;
the combination of residential units with nonresidential space within
the multiple dwelling, any of which results in new dwelling units or
rooming units; or the conversion without physical change to a rooming
unit, whenever permitted under the provisions of section 27-2077 of this
article.
g. Notwithstanding any of the provisions of this article, in every
multiple dwelling the minimum acceptable floor area of rooms existing on
December ninth, nineteen hundred fifty-five shall be the present lawful
area, provided, however, that the rooms have not been altered since
December ninth, nineteen hundred fifty-five.
Section 27-2075
§ 27-2075 Maximum permitted occupancy. a. No dwelling unit shall be
occupied by a greater number of persons than is permitted by this
section.
(1) Every person occupying an apartment in a class A or class B
multiple dwelling or in a tenant-occupied apartment in a one- or
two-family dwelling shall have a livable area of not less than eighty
square feet. The maximum number of persons who may occupy any such
apartment shall be determined by dividing the total livable floor area
of the apartment by eighty square feet. For every two persons who may
lawfully occupy an apartment, one child under four may also reside
therein, except that a child under four is permitted in an apartment
lawfully occupied by one person. No residual floor area of less than
eighty square feet shall be counted in determining the maximum permitted
occupancy for such apartment. The floor area of a kitchen or kitchenette
shall be included in measuring the total liveable floor area of an
apartment but the floor area for private halls, foyers, bathrooms or
water closets shall be excluded.
(2) A living room in a rooming unit may be occupied by not more than
two persons if it has a minimum floor area not less than one hundred ten
square feet in a rooming house, or one hundred thirty square feet in a
single room occupancy.
b. The maximum number of persons who may occupy a dormitory shall not
exceed the occupancy permitted under section sixty-six of the multiple
dwelling law, and the regulations issued thereunder by the department.
c. On written demand by the department, or by the owner when he or she
rents a dwelling unit or any time thereafter, the tenant shall submit an
affidavit setting forth the names and relationship of all occupants
residing within the dwelling unit and the ages of any minors. In the
event of an increase in the number of occupants, the tenant shall advise
the owner and, if the owner so demands in writing, the tenant shall
submit an affidavit, setting forth the pertinent information regarding
such increase in occupancy.
d. In any case where the birth of a child or its attainment of the age
of four causes the number of persons or children to exceed the maximum
occupancy permitted in this section, such excess occupancy shall be
permissible until one year after such event.
e. In every rooming unit, a sign shall be posted showing the maximum
lawful occupancy. Such sign shall be made and installed in the manner
and location prescribed by the department and shall be maintained at all
times.
Section 27-2076
§ 27-2076 Prohibited occupancies. a. No kitchen shall be occupied for
sleeping purposes.
b. No rooming unit shall be occupied by a family with a child under
the age of sixteen years, except that if a child is born to a family
residing in such accommodations, the unlawful occupancy shall not
commence until one year after the birth of such child. In any case where
such an unlawful occupancy continues for ten days after the service of a
notice of violation upon both the tenant and owner, the department may,
in addition to all other remedies, institute a proceeding for an
injunction pursuant to article four of subchapter five of this chapter
to obtain an order requiring that such violation be remedied by eviction
or removal of the tenant. The provisions of this subdivision shall not
prohibit such occupancy (1) in rooming units operated without profit by
an educational, religious or charitable institution of the type
described and for the purposes set forth in subdivision a of section
27-2077 of this article, or (2) in a summer resort dwelling.
Section 27-2077
§ 27-2077 Conversions to rooming units prohibited. a. No rooming unit
which was not classified and recorded as such in the department prior to
May fifteenth, nineteen hundred fifty-four or converted to such use
prior to April thirtieth, nineteen hundred fifty-six, shall be created
in any dwelling, whether such conversion is effected with or without
physical alterations, except for rooming units:
(1) Owned or controlled and operated by a hospital for occupancy by
nurses and interns on its staff; or
(2) Owned and operated without profit by an educational, religious or
charitable institution as a residence for the aged, or for working girls
or women, or for working boys or men, or for delinquent, dependent or
neglected children, or for students attending a school or college; or,
(3) approved by the commissioner of the department and created with
the substantial assistance of loans, grants or subsidies from any
federal, state or local agency or instrumentality; or
(4) approved by the commissioner of the department and owned, operated
or used by any federal, state or local agency or instrumentality or by a
non-profit organization.
b. When the ownership, operation or use by an institution or public
agency for any of the purposes enumerated in subdivision a ceases, the
certificate of occupancy shall expire.
Section 27-2078
§ 27-2078 Rental of rooms to boarders. a. A family may rent one or
more living rooms in an apartment to not more than two boarders, roomers
or lodgers, if every living room in such apartment has free and
unobstructed access to each required exit from such apartment as
provided in paragraphs (a), (b) and (c) of subdivision four of section
two hundred forty-eight or paragraph (a) of subdivision one of section
fifty-three of the multiple dwelling law, and if each such boarder,
roomer or lodger has access to, and the right to use, at least one water
closet, bath or shower and one washbasin as may be required in or for an
apartment in this code.
b. Where a tenant rents any part of an apartment in a multiple
dwelling to more than two boarders, roomers or lodgers, such rental
shall constitute a use of the apartment for single room occupancy and
such rental in an apartment of a converted dwelling shall constitute an
unlawful use as a rooming unit.
c. A family may rent one or more living rooms in a private dwelling to
not more than two boarders, roomers or lodgers, except as otherwise
prohibited under the zoning resolution of the city of New York.
Section 27-2079
§ 27-2079 Single room occupancy. Every building containing rooming
units, and each individual apartment used for single room occupancy,
shall contain at least one water closet, washbasin and bath or shower
for each six persons lawfully occupying rooming units therein, and for
any remainder of less than six persons. At least one water closet shall
be located on any floor containing a rooming unit. If there are not more
than two rooms on the first story above the basement in a rooming house,
no water closet is required on such floor but the occupants of the room
shall be counted in determining the required number of facilities.
Section 27-2080
§ 27-2080 Maintenance of a registry in rooming house and single room
occupancy buildings. An owner or lessee of any dwelling containing
rooming house accommodations or any room or rooms used for single room
occupancy shall keep a register in such dwelling in the custody of a
responsible agent. The register shall show:
The name, signature, age, previous residence, date of arrival and date
of departure of each tenant of rooming house accommodations or of a room
or rooms used for single room occupancy; the room or rooms occupied by
such tenant; and the names and ages of all persons residing in or
occupying such room or rooms with such tenant. The owner or lessee of
such a dwelling and the agent who maintains the register in such
dwelling shall permit any officer or employee of the department or any
inspector from any city department to inspect the register. It shall be
unlawful for such owner or lessee knowingly to cause or permit any false
entry to be made in such register. It shall be unlawful for any tenant
to provide the owner or lessee of such dwelling with any false
information on any matter required to be included in the register.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.