Sec.
[D26-35.01] 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 14, 1967:
(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 of 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 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 46 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.
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