This chapter shall be known as "Housing Standards
Applicable to Residential Premises."
The purpose of this chapter is to provide basic
and uniform standards, in terms of performance objectives implemented
by specific requirements, governing the construction, occupancy and
maintenance of residential premises and establishing reasonable safeguards
for the safety, health and welfare of the occupants and users thereof.
This chapter shall apply to residential premises
as follows:
A.
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
B.
Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in § 157-4.
C.
Residential occupancies in buildings of mixed occupancy.
D.
Accessory structures, accessory to residential occupancies.
This chapter shall not apply to mobile homes
and mobile home courts nor 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.
The provisions of this chapter 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 chapter, 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 those provided in this chapter, and such more restrictive requirement
or higher standard shall govern during the period in which it is in
effect.
B.
Where a provision of this chapter 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.
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 orders,
rules and regulations issued by authority thereof. Conformity of such
work, materials, assemblies or equipment with the applicable requirements
of the New York State Building Construction Code shall be prima facie
evidence that the same is reasonably safe to persons and property.
For the purpose of this chapter, the terms used
herein are defined as follows:
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 work shops; storage rooms for linen, bedding,
furniture, supplies and tenants' equipment and effects; rooms or space
for the incidental sale or display of merchandise to occupants and
tenants, such as newspaper, candy and cigar stands; 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 chapter, or approved by an authority designated by law or
this chapter.
That portion of a building which is partly or completely
below grade.
[Amended 3-16-2010 by L.L. No. 1-2010]
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 definition of "toilet room."
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.[1]
[Amended 9-11-1991 by L.L. No. 6-1991]
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
A building containing not more than two dwelling units occupied
exclusively for residential purposes.
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.
[Amended 3-16-2010 by L.L. No. 1-2010; 9-6-2016 by L.L. No. 10-2016]
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 traditional
family.
In determining whether individuals are living together as a
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional 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 purpose of
voter's registration, driver's license, 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 a 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.
Substantiation of family status by affidavit or by other legal
proof or documents may be required.
A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
The natural surface of the ground or the surface of ground
after completion of any change in contour, abutting 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 definitions of "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.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for compensation.
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.
A building containing three or more dwelling units; or a building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families; or 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; or 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; or a building used or occupied as a convalescent, old-age or nursing home but not including private or public hospitals or public institutions. (See § 157-4 for certain multiple dwellings not within the scope of this chapter.)
See definition of "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 definitions of "habitable space," "public space" and "exit."
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 or use, including buildings.
Enclosed space containing one or more water closets, which
may also contain one or more lavatories, urinals and other plumbing
fixtures. See definition of "bathroom."
Supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
[1]
Editor's Note: The former definition of “cellar,”
which immediately followed, was repealed 3-16-2010 by L.L. No. 1-2010.
