Legislation
SECTION 3
Application to cities, towns and villages
Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 1
§ 3. Application to cities, towns and villages. 1. This chapter shall
apply to all cities with a population of three hundred twenty-five
thousand or more.
2. The legislative body of any other city, town or village may adopt
the provisions of this chapter and make the same applicable to dwellings
within the limits of such city, town or village by the passage of a
local law or ordinance adopting the same; and upon the passage of such
local law or ordinance all of the provisions of articles one, two,
three, four, five, ten and eleven and such sections or parts of sections
of the other articles of this chapter as such local law or ordinance
shall enumerate, shall apply to such city, town or village from the date
stated in such law or ordinance.
3. Except as herein otherwise specified, every multiple dwelling shall
be constructed or maintained in conformity with other applicable laws.
4. a. Any city, town or village may make local laws, ordinances,
resolutions or regulations not less restrictive than those provided in
this chapter and may provide for their enforcement by legal or equitable
actions or proceedings, and prescribe the penalties, sanctions and
remedies for violations thereof. In the enforcement and administration
of this chapter in a city of three hundred twenty-five thousand or more
persons, the penalties, sanctions and remedies enacted by local law may
be applied, notwithstanding their inconsistency with this chapter, or
the provisions of this chapter.
b. In a city of three hundred twenty-five thousand or more persons,
such local laws may authorize such actions or proceedings against the
owner, lessee of a whole multiple dwelling, agent or other person having
control of such dwelling, and any responsible party, or against the
dwelling in rem. Such local laws may further authorize (1) that civil
penalties may be enforced against the person liable therefor, and that
in addition to the methods of enforcement for judgments established in
the civil practice law and rules, a lien may be imposed against the
premises and the rents therefrom; (2) that such civil penalties may be
enforced against the dwelling by the imposition of a lien against the
rents therefrom.
c. Such local laws may also authorize that all liens upon rents,
whether authorized by state or local law, may be satisfied without
further judicial proceedings by the collection of rents due or to become
due.
5. Whenever a provision of any local law, ordinance, resolution or
regulation is more restrictive in a requirement for height, area or use,
such local law, ordinance, resolution or regulation shall govern and
take precedence over any lesser requirements of this chapter. When,
however, the provisions of this chapter impose more restrictive
requirements, the provisions of this chapter shall govern.
6. A local law, ordinance, resolution or regulation shall not prohibit
in any class A multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, in compliance with the provisions of this
chapter, the use of wood for sleepers, grounds, nailing blocks,
underflooring or finish flooring or, within apartments, doors with their
assemblies, interior trim and assemblies of exterior windows, interior
finish, closet fixtures, kitchen fixtures, shelving, cupboards, cabinets
or wardrobes.
7. Except as provided in subdivisions four and five, a local law,
ordinance, rule or regulation shall not modify or dispense with any
provision of this chapter.
8. Wherever the word "city" occurs in this chapter, it shall be
construed as though followed by the words "or town or village to which
this chapter is applicable." The words "charter," "ordinance,"
"resolution," "regulation," "building code," "department of health,"
"department of water supply," "fire department," "department," "board,"
"city engineer," "corporation counsel," "city treasury," or "fire
limits," shall be construed as if followed by the words "or
corresponding authority of any city, town or village to which this
chapter is applicable and in which the dwelling or location referred to
is situated."
9. Wherever in any statute of the state other than this chapter, or in
any local law, ordinance, resolution or regulation, reference is made to
the tenement house law in relation to a city to which this chapter is
applicable, such reference shall be construed as applying to the
provisions of this chapter. If reference be made therein to any section
or other part of the tenement house law, such reference shall be
construed as applying to the provisions of this chapter relating to the
same subject matter as the said section or part. If reference be made
therein to a "tenement house," such reference shall be construed as
applying to a class A multiple dwelling.
10. Wherever the date April eighteenth, nineteen hundred twenty-nine,
shall appear in this chapter such date shall be construed as if followed
by the words "or the date when this chapter or any of its provisions
became or becomes applicable to any city, town or village outside the
City of New York."
11. Notwithstanding any other provision of this section, the following
enumerated articles, sections and subdivisions of sections of this
chapter shall not apply to the construction or alteration of multiple
dwellings for which an application for a permit is made to the
department after December sixth, nineteen hundred sixty-nine in a city
having a population of one million or more which adopts or has adopted
local laws, ordinances, resolutions or regulations providing protection
from fire hazards and making provision for escape from fire in the
construction and alteration of multiple dwellings and in other respects
as protective as local law seventy-six of the laws of the city of New
York for nineteen hundred sixty-eight and covering the same subject
matter as the following: subdivisions twenty-five, twenty-seven,
twenty-eight, thirty-five-c, thirty-six and thirty-nine of section four,
subdivision three of section twenty-eight, sections thirty-six,
thirty-seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five,
sixty, sixty-one, sixty-seven, subdivisions one, two, four and five of
section seventy-five, article four, article five, article five-A,
article six and article seven-B; except that after December sixth,
nineteen hundred sixty-nine where a multiple dwelling erected prior to
December sixth, nineteen hundred sixty-nine is altered, or a building
erected prior to December sixth, nineteen hundred sixty-nine is
converted to a multiple dwelling pursuant to a permit applied for to the
department having jurisdiction, the foregoing articles, sections and
subdivisions of sections shall remain applicable where a local law of
such city authorizes such alteration or conversion to be made, at the
option of the owner, either in accordance with the requirements of the
building law and regulations in effect in such city prior to December
sixth, nineteen hundred sixty-eight or the requirements of the building
law and regulations in effect after such date, and the owner elects to
comply with the requirements of the building law and regulations in
effect prior to December sixth, nineteen hundred sixty-eight.
apply to all cities with a population of three hundred twenty-five
thousand or more.
2. The legislative body of any other city, town or village may adopt
the provisions of this chapter and make the same applicable to dwellings
within the limits of such city, town or village by the passage of a
local law or ordinance adopting the same; and upon the passage of such
local law or ordinance all of the provisions of articles one, two,
three, four, five, ten and eleven and such sections or parts of sections
of the other articles of this chapter as such local law or ordinance
shall enumerate, shall apply to such city, town or village from the date
stated in such law or ordinance.
3. Except as herein otherwise specified, every multiple dwelling shall
be constructed or maintained in conformity with other applicable laws.
4. a. Any city, town or village may make local laws, ordinances,
resolutions or regulations not less restrictive than those provided in
this chapter and may provide for their enforcement by legal or equitable
actions or proceedings, and prescribe the penalties, sanctions and
remedies for violations thereof. In the enforcement and administration
of this chapter in a city of three hundred twenty-five thousand or more
persons, the penalties, sanctions and remedies enacted by local law may
be applied, notwithstanding their inconsistency with this chapter, or
the provisions of this chapter.
b. In a city of three hundred twenty-five thousand or more persons,
such local laws may authorize such actions or proceedings against the
owner, lessee of a whole multiple dwelling, agent or other person having
control of such dwelling, and any responsible party, or against the
dwelling in rem. Such local laws may further authorize (1) that civil
penalties may be enforced against the person liable therefor, and that
in addition to the methods of enforcement for judgments established in
the civil practice law and rules, a lien may be imposed against the
premises and the rents therefrom; (2) that such civil penalties may be
enforced against the dwelling by the imposition of a lien against the
rents therefrom.
c. Such local laws may also authorize that all liens upon rents,
whether authorized by state or local law, may be satisfied without
further judicial proceedings by the collection of rents due or to become
due.
5. Whenever a provision of any local law, ordinance, resolution or
regulation is more restrictive in a requirement for height, area or use,
such local law, ordinance, resolution or regulation shall govern and
take precedence over any lesser requirements of this chapter. When,
however, the provisions of this chapter impose more restrictive
requirements, the provisions of this chapter shall govern.
6. A local law, ordinance, resolution or regulation shall not prohibit
in any class A multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, in compliance with the provisions of this
chapter, the use of wood for sleepers, grounds, nailing blocks,
underflooring or finish flooring or, within apartments, doors with their
assemblies, interior trim and assemblies of exterior windows, interior
finish, closet fixtures, kitchen fixtures, shelving, cupboards, cabinets
or wardrobes.
7. Except as provided in subdivisions four and five, a local law,
ordinance, rule or regulation shall not modify or dispense with any
provision of this chapter.
8. Wherever the word "city" occurs in this chapter, it shall be
construed as though followed by the words "or town or village to which
this chapter is applicable." The words "charter," "ordinance,"
"resolution," "regulation," "building code," "department of health,"
"department of water supply," "fire department," "department," "board,"
"city engineer," "corporation counsel," "city treasury," or "fire
limits," shall be construed as if followed by the words "or
corresponding authority of any city, town or village to which this
chapter is applicable and in which the dwelling or location referred to
is situated."
9. Wherever in any statute of the state other than this chapter, or in
any local law, ordinance, resolution or regulation, reference is made to
the tenement house law in relation to a city to which this chapter is
applicable, such reference shall be construed as applying to the
provisions of this chapter. If reference be made therein to any section
or other part of the tenement house law, such reference shall be
construed as applying to the provisions of this chapter relating to the
same subject matter as the said section or part. If reference be made
therein to a "tenement house," such reference shall be construed as
applying to a class A multiple dwelling.
10. Wherever the date April eighteenth, nineteen hundred twenty-nine,
shall appear in this chapter such date shall be construed as if followed
by the words "or the date when this chapter or any of its provisions
became or becomes applicable to any city, town or village outside the
City of New York."
11. Notwithstanding any other provision of this section, the following
enumerated articles, sections and subdivisions of sections of this
chapter shall not apply to the construction or alteration of multiple
dwellings for which an application for a permit is made to the
department after December sixth, nineteen hundred sixty-nine in a city
having a population of one million or more which adopts or has adopted
local laws, ordinances, resolutions or regulations providing protection
from fire hazards and making provision for escape from fire in the
construction and alteration of multiple dwellings and in other respects
as protective as local law seventy-six of the laws of the city of New
York for nineteen hundred sixty-eight and covering the same subject
matter as the following: subdivisions twenty-five, twenty-seven,
twenty-eight, thirty-five-c, thirty-six and thirty-nine of section four,
subdivision three of section twenty-eight, sections thirty-six,
thirty-seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five,
sixty, sixty-one, sixty-seven, subdivisions one, two, four and five of
section seventy-five, article four, article five, article five-A,
article six and article seven-B; except that after December sixth,
nineteen hundred sixty-nine where a multiple dwelling erected prior to
December sixth, nineteen hundred sixty-nine is altered, or a building
erected prior to December sixth, nineteen hundred sixty-nine is
converted to a multiple dwelling pursuant to a permit applied for to the
department having jurisdiction, the foregoing articles, sections and
subdivisions of sections shall remain applicable where a local law of
such city authorizes such alteration or conversion to be made, at the
option of the owner, either in accordance with the requirements of the
building law and regulations in effect in such city prior to December
sixth, nineteen hundred sixty-eight or the requirements of the building
law and regulations in effect after such date, and the owner elects to
comply with the requirements of the building law and regulations in
effect prior to December sixth, nineteen hundred sixty-eight.