Article 6 - VACANT MULTIPLE DWELLINGS

Section 27-2089

Section 27-2089

  §  27-2089  Requirements for reoccupancy of vacant multiple dwellings.
a.  In every multiple dwelling, where all apartments,  suites  of  rooms
and  single  room  units,  at  any  time after July fourteenth, nineteen
hundred sixty-seven: (1) Became untenanted for a period of sixty days or
more, or
  (2) Were, or shall become, untenanted by reason of having been vacated
by the department under the provisions of the administrative code or any
provision of the multiple dwelling law on the ground that such  dwelling
was  or  is  deemed  unfit for human habitation or dangerous to life and
health, it shall be unlawful for the owner of such dwelling to cause  or
permit  same  to  be used in whole or in part for living purposes (other
than by a janitor, superintendent  or  resident  caretaker)  until  such
dwelling  is  made  to  comply  with  the applicable requirements of the
administrative code and the multiple dwelling law affecting the kind and
class of such structure. For the purpose of determining whether any such
dwelling is untenanted, occupancy of same by a  janitor,  superintendent
or resident caretaker shall not be counted. It shall be unlawful for the
owner  of  any such dwelling to cause or permit same to be used in whole
or in part for living purposes (other than by a janitor,  superintendent
or  resident  caretaker)  until (1) an application and plan for the work
required by this article have  been  filed  with  and  approved  by  the
department,  (2)  such work has been completed by the owner and approved
by the department, and (3) a  new  certificate  of  occupancy  has  been
obtained.
  b. The provisions of this article shall not apply to:
  (1)  any multiple dwelling which is vacant or partly vacant because of
a current alteration being performed under application and plan approved
by  the  department  for  the  elimination  of  interior  rooms  or  the
installation of sanitary facilities as required by the provisions of the
administrative code or the multiple dwelling law, or
  (2)  any  multiple dwelling which is vacant or partly vacant by reason
of being used as a  summer  resort  dwelling  as  defined  in  paragraph
forty-six  of  subdivision  a  of  section  27-2004  of  article  one of
subchapter one of this chapter, or
  (3) any old law or new  law  tenement  for  which  no  certificate  of
occupancy  has been issued, two or more apartments are being combined to
create larger residential units, the  total  legal  number  of  families
within  the  building is being decreased and the bulk of the building is
not being increased.