This Part 1 shall be known as "Housing Standards
Applicable to Residential Premises."
The purpose of this Part 1 is to provide basic
and uniform standards, in terms of performance objectives implemented
by specific requirements, governing the condition, occupancy and maintenance
of residential premises and establishing reasonable safeguards for
the safety, health and welfare of the occupants and users thereof.
This Part 1 shall take effect on the first day
of August 1974.
This Part 1 shall apply to residential premises
as follows:
A.Â
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
B.Â
Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in § 122-5.
C.Â
Residential occupancies in buildings of mixed occupancy.
D.Â
Accessory structures, accessory to residential occupancies.
This Part 1 shall not apply to mobile homes
and mobile home courts or to transient-type occupancies and uses,
including but not limited to nursing and convalescent homes, hotels,
motels, tourist camps, farm labor camps, travel trailers and trailer
parks and other forms of temporary housing.
A.Â
The provisions of this Part 1 shall supersede local
laws, ordinances, codes or regulations to the extent that such laws,
ordinances, codes or regulations are inconsistent with the provisions
of this Part 1, provided that nothing herein contained shall be construed
to prevent the adoption and enforcement of a law, ordinance, code
or regulation which is more restrictive or establishes a higher standard
than these provided in this Part 1, and such more restrictive requirement
or higher standard shall govern during the period in which it is in
effect.
B.Â
Where a provision of this Part 1 is found to be in
conflict with a provision of a zoning, building, electrical, plumbing,
fire, safety, health, water supply or sewage disposal law or ordinance,
or regulation adopted pursuant thereto, or other local law, ordinance,
code or regulation, the provision or requirement which is the more
restrictive or which establishes the higher standard shall prevail.
[Amended 4-1-1998 by L.L. No. 1-1998]
Installations, alterations and repairs to residential
premises and materials, assemblies and equipment utilized in connection
therewith shall be reasonably safe to persons and property and in
conformity with applicable statutes of the State of New York, and
the conformity of such work, materials, assemblies or equipment with
the applicable requirements of the New York State Uniform Fire Prevention
and Building Construction Code shall be prima facie evidence that
the same is reasonably safe to person and property.
As used in this Part 1, the following terms
shall have the meanings indicated:
A structure the use of which is incidental to that of the
residential building and which is located on the same premises.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a residential building. Such accessory
uses may include, among others, the following: offices for the building
management; dining rooms, banquet rooms, public kitchens and ballrooms;
recreation and play rooms; laundries for the use of tenants and occupants
and in connection with the management and operation of a residential
building; maintenance and workshops, storage rooms for linen, bedding,
furniture, supplies and tenants' equipment and effects; rooms for
space for the incidental sale or display of merchandise to occupants
and tenants, such as newspaper, candy and cigar stands; and garages
within a residential building or on the premises thereof used primarily
for the storage of passenger-type motor vehicles.
Approved by the administrative officer under the regulations
of this Part 1 or approved by an authority designated by law or this
Part 1.
That space of a building that is partly below-grade which
has more than 1/2 its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
Enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes. See "toilet room."
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls, and a roof, affording shelter
to persons, animals or property.
That space of a building that is partly or entirely below-grade,
which has more than 1/2 its height, measured from floor to ceiling,
below the average established curb level or finished grade of the
ground adjoining the building.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes and containing not more than
one lodger.
[Amended 8-1-2011 by L.L. No. 3-2011]
A building containing not more than two dwelling units occupied
exclusively for residential purposes, with each such unit containing
not more than one lodger.
[Amended 8-1-2011 by L.L. No. 3-2011]
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
A way of departure from the interior of a building or structure
to the exterior at street or grade, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes and all other
elements necessary for egress or escape.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit.
[Amended 8-1-2011 by L.L. No. 3-2011]
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a family.
Criteria for determining that individuals are living together
as the functional equivalent of a family unit:
The group is one that in theory, size, appearance, structure
and function, resembles a family unit;
The occupants share the entire dwelling unit and live and cook
together as a single housekeeping unit. A unit in which more than
one of the occupants act as separate roomers/lodgers may not be deemed
to be occupied by the functional equivalent of a family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children, regularly residing
in the household, who are enrolled in local schools;
Members of the household have the same address for purposes
of voter registration, driver’s licenses, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
A specification, code, rule, guide or procedure in the field
of construction, or related thereto, recognized and accepted as authoritative.
Natural surface of the ground, or surface of ground after
completion of any change in contour, abutting a building or premises.
Space occupied by one or more persons for living, sleeping,
eating or cooking. Kitchenettes shall not be deemed to be habitable
space. See "nonhabitable space," "public space" and "exit."
The presence, within or contiguous to a dwelling, dwelling
unit, lodging house, lodging unit or premises, of insects, rodents,
vermin or other pests.
Space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
Space, less than 60 square feet in floor area, used for cooking
or preparation of food.
Any person occupying a lodging house, or a maximum of one
person, not a member of the family, occupying a single-family dwelling
or each unit in a two-family dwelling unit for remuneration.
[Added 8-1-2011 by L.L. No. 3-2011]
Any dwelling that provides sleeping accommodations for one
or more lodgers, including, but not limited to, single-family and
two-family dwellings.
[Amended 8-1-2011 by L.L. No. 3-2011]
A room or group of rooms forming a single habitable unit
used or intended to be used for lodging.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
[Amended 8-1-2011 by L.L. No. 3-2011]
A building containing three or more dwelling
units.
A building with one or more sleeping rooms,
other than a one- or two-family dwelling, used or occupied by permanent
or transient paying guests or tenants.
A building with sleeping accommodations for
more than five persons used or occupied as a club, dormitory, fraternity
or sorority house, or for similar uses.
See "multiple dwelling."
A City, Town or Village.
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms,
closets and other spaces for service and maintenance of the building,
and those spaces used for access and vertical travel between stories.
See "habitable space," "public space" and "exit."
Any individual, individuals, partnership, corporation, or
similar type of business organization or proprietary interest, whether
for profit or otherwise, in whose name title to a building is vested.
[Added 8-1-2011 by L.L. No. 3-2011]
The water supply system, the drainage system, the vent system,
fixtures and traps, including their respective connections, devices
and appurtenances within the property lines of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
Space within a residential building for public use, such
as lobbies, lounges, reception, ball, meeting, lecture and recreation
rooms, banquet and dining rooms and their kitchens, and swimming pools.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
An assembly of materials forming a construction framed of
component structural parts for occupancy of use, including buildings.
An enclosed space containing one or more water closets, which
may also contain one or more lavatories, urinals and other plumbing
fixtures. See "bathroom."
Supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by an opening to the outer air through windows,
skylights, doors, louvers or stacks with or without wind-driven devices.
