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
§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
§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
§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
§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
§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
§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
§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
§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.