Article 107 - ALTERATION OR DEMOLITION OF SINGLE ROOM OOCUPANCY MULTIPLE DWELLINGS

Section 28-107.1

Section 28-107.1

  §28-107.1  General.  The  commissioner  shall not approve construction
documents for the alteration or demolition of a  single  room  occupancy
multiple dwelling except as set forth in this article.

Section 28-107.2

Section 28-107.2

  §28-107.2  Definitions.  The  following words and terms shall, for the
purposes of this article and elsewhere in the code,  have  the  meanings
shown herein.
  CLASS  A  MULTIPLE DWELLING, CLASS B MULTIPLE DWELLING. FURNISHED ROOM
HOUSE, ROOMING UNIT AND SINGLE ROOM OCCUPANCY. Shall have  the  meanings
set  forth  in  section 27-2004 of the New York city housing maintenance
code.
  SINGLE ROOM OCCUPANCY  MULTIPLE  DWELLING.  A  single  room  occupancy
multiple dwelling means:
  1.  A  "class A multiple dwelling" used in whole or part as a "rooming
house" or  "furnished  room  house,"  or  for  "single  room  occupancy"
pursuant to section 248 of the New York state multiple dwelling law;
  2. A "class A multiple dwelling," containing "rooming units"; or
  3. A "class B multiple dwelling."
  Exception:  The term single room occupancy multiple dwelling shall not
include:
  1. College or school dormitories;
  2. Clubhouses;
  3. Luxury hotels, as such term  is  defined  by  the  commissioner  of
housing preservation and development; or
  4.  Residences  whose  occupancy is restricted to an institutional use
such as housing intended for use by the employees of a single company or
institution;
  5. City-owned multiple dwellings; or
  6. Any multiple dwelling containing fewer than nine "class B" dwelling
units; used for single room occupancy unless the total  number  of  such
units  is  more than fifty percent of the total number of dwelling units
in such multiple dwelling; or
  7. Any multiple dwelling that:
   7.1. Is the subject of a program  approved  by  the  commissioner  of
housing  preservation  and development and related to the rehabilitation
of a single room occupancy multiple dwelling or the provision of housing
for persons of low or moderate income, other than a  program  consisting
solely of real property tax abatement or tax exemption; and
   7.2.  Has  been  exempted  from the provisions of this article by the
commissioner of housing preservation and development.

Section 28-107.3

Section 28-107.3

  §28-107.3 Covered categories of work. Applications for the approval of
construction  documents for the following categories of work are covered
by this article:
  1. Demolition of a single room occupancy multiple dwelling;
  2. Alteration of a single room occupancy multiple dwelling to a  class
A multiple dwelling to be used in whole or in part for other than single
room occupancy purposes;
  3.  Alteration  of a single room occupancy multiple dwelling resulting
in the removal or addition of kitchen or bathroom facilities; and
  4. Such other types of alteration work  to  a  single  room  occupancy
multiple  dwelling as shall be prescribed by rule of the commissioner of
housing  preservation  and  development,  in   consultation   with   the
commissioner.
  Exceptions:
  1.  Work  solely for the purpose of either (i) making the public areas
of a multiple dwelling accessible to persons with  disabilities  without
altering  the configuration of any dwelling unit or rooming unit or (ii)
making a dwelling unit or a rooming  unit  accessible  to  persons  with
disabilities shall not be covered by this article.
  2. Repairs, demolition or any other work performed by a city agency or
by  a  contractor pursuant to a contract with a city agency shall not be
covered by this article.

Section 28-107.4

Section 28-107.4

  §28-107.4  Required  submittal  documents.  The commissioner shall not
approve any construction documents for a single room occupancy  multiple
dwelling  for  the  covered  categories  of  work  unless  the applicant
provides:
  1. A sworn affidavit by or on behalf of all the owners, as  such  term
is  defined  in section 27-2004 of the New York city housing maintenance
code, of such multiple dwelling that there will be no harassment of  the
lawful  occupants  of  such  multiple  dwelling  by or on behalf of such
owners during the construction period;
  2. A tenant protection plan as provided for in this code; and
  3. One of the following documents from  the  commissioner  of  housing
preservation and development:
   3.1.  A certification that there has been no harassment of the lawful
occupants of such multiple dwelling within the 36 month period prior  to
submission of an application for such certification to the department of
housing  preservation  and  development,  provided,  however,  that such
certification shall except any portion of such 36  month  period  during
which title was vested in the city; or
   3.2. A waiver of such certification.

Section 28-107.5

Section 28-107.5

  §28-107.5   Filing   process.  After  submitting  an  application  for
construction document approval to the  commissioner  and  obtaining  the
identifying  job number for the same, the applicant shall forward a copy
of such application to the  commissioner  of  housing  preservation  and
development,  together  with  an  application  for a certification of no
harassment pursuant to section 27-2093 of the housing maintenance code.

Section 28-107.6

Section 28-107.6

  §28-107.6  Time period for acceptance or rejection. The time period in
which the commissioner is required to approve or reject  an  application
for  construction  document approval or resubmission thereof pursuant to
this code shall commence from the date that  the  commissioner  receives
either the certification or waiver pursuant to this article.

Section 28-107.7

Section 28-107.7

  §28-107.7  Denial  of certification. Where the commissioner of housing
preservation and development denies the certification required  by  this
article,  the commissioner shall reject the application for construction
document approval.

Section 28-107.8

Section 28-107.8

  §28-107.8  Request for stop-work or rescission. The commissioner shall
be empowered to issue a stop-work notice or order  with  respect  to  an
alteration   or   demolition   permit  and/or  to  rescind  approval  of
construction documents at the request of  the  commissioner  of  housing
preservation and development pursuant to section 27-2093 of the New York
city housing maintenance code.

Section 28-107.9

Section 28-107.9

  §28-107.9  Effect  of  denial  or  rescission.  Where the commissioner
rejects or rescinds the approval of construction documents  pursuant  to
this  article, no further application for the covered categories of work
shall be considered by the  commissioner  for  a  period  of  36  months
following  the  date of the denial of the certification of no harassment
by the commissioner of housing preservation and development or the  date
of  the  rescission  of  such  certification  of  no  harassment by such
commissioner.