§ 309-a. Multiple dwelling; apartment prohibitions for certain
employees. 1. No janitor, superintendent, manager, custodian, or the
like, of a multiple dwelling shall be permitted to reside in an
apartment unit in the multiple dwelling in which he is employed if the
rental of such apartment unit to a tenant is prohibited by any general,
special, or local law.

2. An owner, agent or operator of a multiple dwelling may apply to the
department for a waiver of the provisions of this section on the ground
that there is a bona fide unavailability of a suitable apartment unit
for occupation by any of the above mentioned employees. Upon a
determination that such unavailability does exist, the department may
grant an exemption from the application of the provisions of subdivision
one of this section upon such terms and conditions as it shall deem
appropriate.

3. For the purposes of this section, the term "multiple dwelling"
shall mean a building in which there is either rented, leased, let or
hired out to be occupied, or is occupied as the residence or home of
three of more families living independently of each other.