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NEW YORK STATE
MULTIPLE DWELLING LAW
Chapter 713 of the Laws of 1929, as amended
ARTICLE 1
INTRODUCTORY PROVISIONS; DEFINITIONS
Section 1. Short title.
2. Legislative finding.
3. Application to cities, towns
and villages.
4. Definitions.
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Sec. 1. Short title.
This chapter shall be known as the "multiple dwelling law."
Sec. 2. Legislative finding.
It is hereby declared that intensive occupation of multiple
dwelling sites, overcrowding of multiple dwelling rooms,
inadequate provision for light and air, and insufficient
protection against the defective provision for escape from fire,
and improper sanitation of multiple dwellings in certain areas of
the state are a menace to the health, safety, morals, welfare,
and reasonable comfort of the citizens of the state; and that the
establishment and maintenance of proper housing standards
requiring sufficient light, air, sanitation and protection from
fire hazards are essential to the public welfare. Therefore the
provisions hereinafter prescribed are enacted and their necessity
in the public interest is hereby declared as a matter of
legislative determination.
Sec. 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.
Sec. 4. Definitions.
Certain words and terms when used in this chapter, unless the
context or subject matter requires otherwise, are defined as
follows:
1. Wherever the word or words "occupied," "is occupied," "used"
or "is used" appear, such word or words shall be construed
as if followed by the words "or is intended, arranged or
designed to be used or occupied."
2. The word "shall" is always mandatory.
3. The term "department" shall mean the department, bureau,
division or other agency charged with the enforcement of
this chapter.
4. A "dwelling" is any building or structure or portion thereof
which is occupied in whole or in part as the home, residence
or sleeping place of one or more human beings.
5. A "family" is either a person occupying a dwelling and
maintaining a household, with not more than four boarders,
roomers or lodgers, or two or more persons occupying a
dwelling, living together and maintaining a common
household, with not more than four boarders, roomers or
lodgers. A "boarder," "roomer" or "lodger" residing with a
family shall mean a person living within the household who
pays a consideration for such residence and does not occupy
such space within the household as an incident of employment
therein.
6. A "private dwelling" is any building or structure designed
and occupied exclusively for residence purposes by not more
than two families.
A building designed for and occupied exclusively by one
family is a "single-family private dwelling. "
A building designed for and occupied exclusively by two
families is a "two-family private dwelling. "
Private dwellings shall also be deemed to include a series
of one-family or two-family dwelling units each of which
faces or is accessible to a legal street or public
thoroughfare provided that each such dwelling unit is
equipped as a separate dwelling unit with all essential
services, and also provided that each such unit is arranged
so that it may be approved as a legal one-family or two-
family dwelling.
7. A "multiple dwelling" is a dwelling which is either rented,
leased, let or hired out, to be occupied, or is occupied as
the residence or home of three or more families living
independently of each other. On and after July first,
nineteen hundred fifty-five, a "multiple dwelling" shall
also include residential quarters for members or personnel
of any hospital staff which are not located in any building
used primarily for hospital use provided, however, that any
building which was erected, altered or converted prior to
July first, nineteen hundred fifty-five, to be occupied by
such members or personnel or is so occupied on such date
shall not be subject to the requirements of this chapter
only so long as it continues to be so occupied provided
there are local laws applicable to such building and such
building is in compliance with such local laws. A "multiple
dwelling" shall not be deemed to include a hospital,
convent, monastery, asylum or public institution, or a
fireproof building used wholly for commercial purposes
except for not more than one janitor's apartment and not
more than one penthouse occupied by not more than two
families. For the purposes of this chapter "multiple
dwellings" are divided into two classes: "class A" and
"class B."
8. a. A "class A" multiple dwelling is a multiple
dwelling which is occupied, as a rule, for permanent
residence purposes. This class shall include tenements,
flat houses, maisonette apartments, apartment houses,
apartment hotels, bachelor apartments, studio
apartments, duplex apartments, kitchenette apartments,
garden-type maisonette dwelling projects, and all other
multiple dwellings except class B multiple dwellings.
b. A "garden-type maisonette dwelling project" is a series
of attached, detached or semi-detached dwelling units
which are provided as a group collectively with all
essential services such as, but not limited to, water
supply and house sewers, and which units are located on
a site or plot not less than twenty thousand square
feet in area under common ownership and erected under
plans filed with the department on or after April
eighteenth, nineteen hundred fifty-four, and which
units together and in their aggregate are arranged or
designed to provide three or more apartments.
9. A "class B" multiple dwelling is a multiple dwelling which
is occupied, as a rule transiently, as the more or less
temporary abode of individuals or families who are lodged
with or without meals. This class shall include hotels,
lodging houses, rooming houses, boarding houses, boarding
schools, furnished room houses, lodgings, club houses,
college and school dormitories and dwellings designed as
private dwellings but occupied by one or two families with
five or more transient boarders, roomers or lodgers in one
household.
10. A "converted dwelling" is a dwelling (a) erected before
April eighteenth, nineteen hundred twenty-nine, to be
occupied by one or two families living independently of each
other and subsequently occupied as a multiple dwelling, or
(b) a dwelling three stories or less in height erected after
April eighteenth, nineteen hundred twenty-nine, to be
occupied by one or two families living independently of each
other and subsequently occupied by not more than three
families in all, with a maximum occupancy of two families on
each floor in a two story building and one family on each
floor in a three story building, in compliance with the
provisions of article six of this chapter, including section
one hundred seventy-a of said article. A converted dwelling
occupied as a class A multiple dwelling is a class A
converted dwelling; every other converted dwelling is a
class B converted dwelling.
11. A "tenement" is any building or structure or any portion
thereof, erected before April eighteenth, nineteen hundred
twenty-nine, which is occupied, wholly or in part, as the
residence of three families or more living independently of
each other and doing their cooking upon the premises, and
includes apartment houses, flat houses and all other houses
so erected and occupied, except that a tenement shall not be
deemed to include any converted dwelling. An "old-law
tenement" is a tenement existing before April twelfth,
nineteen hundred one, and recorded as such in the department
before April eighteenth, nineteen hundred twenty-nine,
except that it shall not be deemed to include any converted
dwelling.
12. A "hotel" is an inn having thirty or more sleeping rooms.
13. A "rooming house" or a "furnished room house" is a multiple
dwelling, other than a hotel, having less than thirty
sleeping rooms and in which persons either individually or
as families are housed for hire or otherwise with or without
meals. An inn with less than thirty sleeping rooms is a
rooming house.
14. A "lodging house" is a multiple dwelling, other than a
hotel, a rooming house or a furnished room house, in which
persons are housed for hire for a single night, or for less
than a week at one time, or any part of which is let for any
person to sleep in for any term less than a week.
15. An "apartment" is that part of a multiple dwelling
consisting of one or more rooms containing at least one
bathroom and arranged to be occupied by the members of a
family, which room or rooms are separated and set apart from
all other rooms within a multiple dwelling.
16. "Single room occupancy" is the occupancy by one or two
persons of a single room, or of two or more rooms which are
joined together, separated from all other rooms within an
apartment in a multiple dwelling, so that the occupant or
occupants thereof reside separately and independently of the
other occupant or occupants of the same apartment. When a
class A multiple dwelling is used wholly or in part for
single room occupancy, it remains a class A multiple
dwelling.
17. A "public hall" is a hall, corridor or passageway within a
building but outside of all apartments and suites of private
rooms. A "public vestibule" is a corridor, not within an
apartment or suite of private rooms, providing access to a
stair or elevator and not wider than seven feet nor longer
than twice the width of the stair or elevator shafts opening
upon it. A "public room" or "public part" of a dwelling is a
space used in common by the occupants of two or more
apartments or rooms, or by persons who are not tenants, or
exclusively for mechanical equipment of such dwelling or for
storage purposes.
18. A "living room" is a room which is not a public hall, public
vestibule, public room or other public part of a dwelling.
Every room used for sleeping purposes shall be deemed a
living room. Dining bays and dinettes fifty-five square feet
or less in floor area, foyers, water-closet compartments,
bathrooms, cooking spaces less than fifty-nine square feet
in area, and halls, corridors and passageways entirely
within an apartment or suite of rooms shall not be deemed
living rooms. "Floor space" shall mean the clear area of the
floor contained within the partitions or walls enclosing any
room, space, foyer, hall or passageways of any dwelling.
19. A "dining bay," "dining recess" or "dinette" is a recess
used for dining purposes off a living room, foyer or
kitchen.
20. A "foyer" is a space within an apartment or suite of rooms
used as an entrance hall directly from a public hall.
21. A "dormitory" in a lodging house is any place used for
sleeping purposes. A "cubicle" is a small partially enclosed
sleeping space within a dormitory with or without a window
to the outer air.
22. "Premises" shall mean land and improvements or appurtenances
or any part thereof.
23. "Structure" shall mean a building or construction of any
kind.
24. "Alteration," as applied to a building or structure, shall
mean any change or rearrangement in the structural parts or
in the egress facilities of any such building or structure,
or any enlargement thereof, whether by extension on any side
or by any increase in height, or the moving of such building
or structure from one location or position to another.
25. A "fireproof multiple dwelling" is one in which the walls
and other structural members are of incombustible materials
or assemblies meeting all of the requirements of the
building code and with standard fire-resistive ratings of
not less than one of the following sets of requirements:
a. For any multiple dwelling more than one hundred feet in
height, four hours for fire walls, party walls, piers,
columns, interior structural members which carry walls,
girders carrying columns, and for exterior walls other
than panel walls; three hours for other girders, fire
partitions, floors including their beams and girders,
beams, roofs, floor fillings, and stairway enclosures;
and two hours for exterior panel walls.
b. For any multiple dwelling one hundred feet or less in
height, the provisions of preceding paragraph a and
shall apply, except that the minimum requirements shall
be three hours for exterior walls other than panel
walls, which shall be two hours; two hours for
protection of interior columns; one and one-half hours
for roofs and for floors and beams; provided, however,
that for a multiple dwelling three stories or less in
height, the requirement for all floors and the roof
shall be one hour.
26. The term "fireproof," as applied to a part or parts of a
building, means such part or parts are made of incombustible
materials with standard fire-resistive ratings not less than
those required for the corresponding part or parts of a
fireproof dwelling.
27. A "non-fireproof dwelling" is one which does not meet the
requirements for a fireproof dwelling.
28. A "frame dwelling" is a dwelling of which the exterior walls
or any structural parts of such walls are of wood. A
dwelling which would not otherwise be a frame dwelling shall
not be deemed a frame dwelling by reason of the existence on
such dwelling of frame oriel, bay or dormer windows, frame
porches not more than one story in height, or frame
extensions not more than one story in height and fifty-nine
square feet in area if such windows, porches or extensions
were erected prior to April thirteenth, nineteen hundred
forty.
29. The term "fire-retarded," as applied to a part or parts of a
building, means such part or parts are either covered with
metal lath plastered with two or more coats of mortar or
otherwise protected against fire in a manner approved by the
department with materials of standard fire-resistive ratings
of at least one hour. Fireproofing shall always be accepted
as meeting any requirement for fire-retarding.
30. "Fire-stopping" means the closing of all concealed draft
openings to form an effectual fire barrier at floors,
ceilings and roofs with brick, concrete, gypsum, asbestos,
mineral wool, rock wool, metal lath with cement or gypsum
plaster, or other approved incombustible materials.
31. A "lot" is a parcel or plot of ground which is or may be
occupied wholly or in part by a dwelling, including the
spaces occupied by accessory or other structures and any
open or unoccupied spaces thereon, but not including any
part of an abutting public street or thoroughfare.
a. A "corner lot" is a lot of which at least two adjacent
sides abut for their full length upon streets or public
places not less than forty feet in width. That portion
of a corner lot in excess of one hundred feet from any
street on which the lot abuts shall be considered an
interior lot.
An "interior lot" is a lot which is neither a corner
lot nor a through lot.
b. The "front" of a lot is that boundary line which abuts
on the street, or, if there be more than one street
abutting, on the street designated by the owner. The
"rear" of a lot is the side opposite the front.
c. The "depth" of a lot is the distance from the front of
the lot to the extreme rear line of the lot. In the
case of an irregular-shaped lot the mean depth shall be
taken.
d. A "through lot" is a lot running through from street to
street whose front and rear lines abut for their entire
lengths upon streets or open public places; provided,
however, that when either of said lines exceeds the
other in length by more than twenty per centum, that
part of the lot contiguous to the excess length of the
longer line shall be deemed an interior lot. The
department may designate which part of the longer line
is the excess in length and make any reasonable
interpretation of the part of the lot to be regarded as
contiguous to such excess.
e. Lots or portions of lots shall be deemed "back to back"
when they are on opposite sides of the same part of a
rear line common to both and the opposite street lines
on which the lots front are parallel with each other or
make an angle with each other of not more than forty-
five degrees.
32. A "rear yard" is an open space on the same lot with a
dwelling between the extreme rear line of the lot and the
extreme rear wall of the dwelling. A "side yard" is a
continuous open space on the same lot with a dwelling
between the wall of a dwelling and a line of the lot from
the street to a rear yard or rear line of a lot. A "court"
is an open space other than a side or rear yard, on the same
lot as a dwelling. A court not extending to the street or
rear yard is an "inner court". A court extending to the
street or rear yard is an "outer court".
32a "A rear yard equivalent" is an open area which may be
required on a through lot as an alternative to a required
rear yard.
33. The "curb level", for the purpose of measuring the height of
any portion of a building, is the level of the curb at the
center of the front of the building; except that where a
building faces on more than one street, the curb level is
the average of the levels of the curbs at the center of each
front. Where no curb elevation has been established the
average elevation of the final grade adjoining all exterior
walls of a building, calculated from grade elevations taken
at intervals of ten feet around the exterior walls of the
building, shall be considered the curb level, unless the
city engineer shall establish such curb level or its
equivalent.
34. A "street wall" of a building, at any level, is the wall of
the building nearest to a street line abutting the property.
35. a. The "height" of a dwelling is the vertical
distance from the curb level to the level of the
highest point of the roof beams; except that, in the
case of pitched roofs, it is the vertical distance from
the curb level to the mean height level of the gable or
roof above the vertical street wall. When no roof beams
exist or when there are structures wholly or partly
above the roof, the height shall, except as otherwise
expressly provided, be measured from the curb level to
the level of the highest point of any such structure;
except that where every part of the building is set
back more than twenty-five feet from a street line, the
height shall be measured from the average grade
elevation calculated from the final grade elevations
taken at intervals of ten feet around the exterior
walls of the building.
b. Except as otherwise provided in section two hundred
eleven, the following superstructure shall not be
considered in measuring the height of a dwelling;
parapet walls or guard railings, other superstructures
twelve feet or less in height and occupying fifteen per
centum or less of the area of the roof, elevator
enclosures thirty feet or less in height used solely
for elevator purposes, enclosures fifty feet or less in
height used solely for tanks, cooling towers or other
mechanical equipment; and, when approved by the
department, pergolas, spires, chimneys, other
ornamental treatments, roof gardens and playgrounds.
c. When on the main roof of any fireproof multiple
dwelling erected after April eighteenth, nineteen
hundred twenty-nine, in which one or more passenger
elevators are operated, a penthouse dwelling is erected
the height of which does not exceed twelve feet and the
walls of which are set back as provided in this
paragraph, the height of such multiple dwelling shall
be measured as though no such penthouse had been
erected thereon. Such penthouse walls shall be set back
from the outer face of the front parapet wall at least
five feet, from the outer face of the yard parapet wall
at least ten feet, and from the inner face of every
other parapet wall at least three feet; except that the
setback so required from any parapet wall facing any
court or yard or recess therefrom but not facing any
street may be reduced one-third for each ten per centum
by which the area of such court or yard exceeds the
required minimum area thereof at the highest level of
such parapet wall, and the setback so required from any
parapet wall facing any street may be reduced one foot
for each foot that such parapet wall is set back from
the building line established by law at the highest
level of such parapet wall, provided that in the
opinion of the department safe and sufficient passage
is provided to and from every part of the main roof.
Any penthouse wall which may be flush with the inner
face of any parapet wall may be flush with the outer
face thereof.
d. If a rear multiple dwelling is erected after April
eighteenth, nineteen hundred twenty-nine, on the same
lot as a front multiple dwelling, and the depth of the
yard of the front multiple dwelling is more than sixty
feet and the lowest point of such yard is below the
curb level and below the floor of a cellar of the front
multiple dwelling or of the lowest story thereof if
there is no cellar, the height of the rear multiple
dwelling shall be measured from such lowest point
instead of from the curb level.
36. A "story" is a space between the level of one finished floor
and the level of the next higher finished floor, or, if the
top story, of the space between the level of the highest
finished floor and the top of the highest roof beams, or, if
the first story, of the space between the level of the
finished floor and the finished ceiling immediately above.
For the purpose of measuring height by stories in multiple
dwellings erected after April eighteenth, nineteen hundred
twenty-nine, one additional story shall be added for each
twelve feet or fraction thereof that the first story exceeds
fifteen feet in height, and for each twelve feet or fraction
thereof that any story above the first story exceeds twelve
feet in height.
37. A "cellar" in a dwelling is an enclosed space having more
than one-half of its height below the curb level; except
that where every part of the building is set back more than
twenty-five feet from a street line, the height shall be
measured from the adjoining grade elevations calculated from
final grade elevations taken at intervals of ten feet around
the exterior walls of the building. A cellar shall not be
counted as a story.
38. A "basement" is a story partly below the curb level but
having at least one-half of its height above the curb level;
except that where every part of the building is set back
more than twenty-five feet from a street line, the height
shall be measured from the adjoining grade elevations
calculated from final grade elevations taken at intervals of
ten feet around the exterior walls of the building. A
basement shall be counted as a story in determining height,
except as provided in paragraph e of subdivision six of
section one hundred two.
39. A "section" of a multiple dwelling is a part thereof, other
than an apartment or suite of rooms, separated as a unit
from the rest of such dwelling by fireproof construction.
40. A "shaft" is an enclosed space extending through one or more
stories of a building connecting a series of openings
therein, or any story or stories and the roof, and includes
exterior and interior shafts whether for air, light,
elevator, dumbwaiter or any other purpose.
41. A "stair" is a flight or flights of steps together with any
landings and parts of public halls through which it is
necessary to pass in going from one level thereof to
another.
42. a. A "fire-tower" is a fireproof stair, enclosed in
fireproof walls, without access to the building from
which it affords egress other than by a fireproof self-
closing door opening on a communicating balcony or
other outside platform at each floor level.
b. A "fire-stair" is a fireproof stair, enclosed in
fireproof walls, within the body of the building which
it serves, to which access may be had only through self-
closing fireproof doors.
c. A "fire-escape" is a combination of outside balconies
and stairs providing an unobstructed means of egress
from rooms or spaces in a building.
d. A "panel wall" is a non-bearing wall in skeleton
construction erected between columns or piers and
wholly supported at each story.
43. Window dimensions shall always be taken between stop-beads
or, if there are no stop-beads, between the sides, head and
sill of the sash opening.
44. The term "owner" shall mean and include the owner or owners
of the freehold of the premises or lesser estate therein, a
mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent, or any other
person, firm or corporation, directly or indirectly in
control of a dwelling. Whenever a multiple dwelling shall
have been declared a public nuisance to any extent pursuant
to paragraph b of subdivision one of section three hundred
nine of this chapter and such declaration shall have been
filed as therein provided, the term "owner" shall be deemed
to include, in addition to those mentioned hereinabove, all
the officers, directors and persons having an interest in
more than ten per cent of the issued and outstanding stock
of the owner as herein defined, as holder or beneficial
owner thereof, if such owner be a corporation other than a
banking organization as defined in section two of the
banking law, a national banking association, a federal
savings and loan association, The Mortgage Facilities
Corporation, Savings Banks Life Insurance Fund, The Savings
Banks Retirement System, an authorized insurer as defined in
section one hundred seven of the insurance law, or a trust
company or other corporation organized under the laws of
this state all the capital stock of which is owned by at
least twenty savings banks or a subsidiary corporation all
of the capital stock of which is owned by such trust company
or other corporation.
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