BILL NUMBER: S10199
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the multiple dwelling law and the administrative code of
the city of New York, in relation to certain alterations to multiple
dwellings; and repealing certain provisions of the multiple dwelling law
relating thereto
 
PURPOSE:
This bill removes outdated provisions in the Multiple Dwelling Law and,
where applicable, replaces them with currently applicable provisions.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill repeals Section 28; subdivision 5 of section 34;
subdivisions 1, 2, 3 and 5 of section 177; subdivision 5 of section 216;
and subdivisions 2, 3, 4, 5, 6, 7 and 8 of section 300 of the Multiple
Dwelling Law (MDL).
Section 2 of the bill amends Subdivision 11 of Section 3 of the Multiple
Dwelling Law to delete outdated language that says many old MDL fire-
safety and construction rules do not apply in New York City if the City
adopted protections "as strong as Local Law 76 of 1968." This amendment
deletes the obsolete references but keeps the underlying rule intact:
NYC buildings follow the NYC Building Code instead of decades-old MDL
provisions. Owners of pre-1969 buildings may still choose to follow the
older local code if a local law allows it.
Section 3 of the bill amends Paragraph b of Subdivision 1 of Section 26
of the Multiple Dwelling Law removes certain compliance provisions for
the construction, enlargement, conversion or alteration of any dwelling
undertaken pursuant to plans filed prior to December 15, 1961.
Section 4 of the bill amends Subdivision 2 of Section 30 of the Multiple
Dwelling Law to update language to reflect that each room must have a
window to a legal open area unless another MDL exception applies.
Section 5 of the bill amends Paragraph a of Subdivision 6 of Section 34
of the Multiple Dwelling Law to provide that, for shorter buildings of
75 feet or less, if the full 30-foot open area cannot be provided, a
20-foot space is acceptable. This allows more flexibility on constrained
NYC lots.
Section 6 of the bill amends Section 54 of the Multiple Dwelling Law to
keep the requirement for a cellar entrance but add explicit authority
for NYC Department of Buildings or NYC Board of Standards and Appeals to
grant variances when appropriate. This modernizes the section and aligns
it with NYC's variance framework.
Section 7 of the bill amends Paragraph b of Subdivision 2 of Section 76
of the Multiple Dwelling Law to clarify that in Class A apartments,
occupants must be able to reach at least one bathroom from every bedroom
without going through another bedroom.
Section 8 of the bill amends Section 161 of the Multiple Dwelling Law to
remove an outdated reference among a list of provisions exempt for
garden-type maisonette dwelling projects erected under plans filed on or
before April 18, 1954.
Section 9 of the bill amends Section 174 of the Multiple Dwelling Law to
remove an outdated reference from provisions for the minimum height from
the floor to the ceiling of living rooms in a basement.
Section 10 of the bill amends Subdivision 4 of Section 177 of the Multi-
ple Dwelling Law to remove multiple outdated provisions that allowed
certain cellar rooms to be occupied before 1967.
Section 11 of the bill amends Paragraphs a and h of Subdivision 1 of
Section 187 of the Multiple Dwelling Law to remove outdated provisions
for a building's required means of egress.
Section 12 of the bill amends Paragraph a of Subdivision 10 of Section
248 of the Multiple Dwelling Law to require a permanent heating system
adequate to heat every sleeping room in a dwelling.
Section 13 of the bill amends Paragraph b of Subdivision 1 of Section
277 of the Multiple Dwelling Law to update fire-protection references to
match the current NYC Building Code and to remove references to "Table
3-4" from the 1938/1968 code.
Section 14 of the bill amends Paragraphs (b) and (c) of Subdivision 2 of
Section 277 of the Multiple Dwelling Law to replace old code citations
with references to the modern NYC Construction Codes.
Section 15 of the bill amends Paragraph (b) of Subdivision 6 of Section
277 of the Multiple Dwelling Law to update light, air, and room-size
references to the current NYC Administrative Code.
Section 16 of the bill amends Subdivision 7 of Section 277 of the Multi-
ple Dwelling Law to update all light, air, and window requirements to
reflect current NYC standards for artist lofts and residential loft
conversions; reduces certain yard and court minimums to align with the
City of Yes zoning text amendments; modernize kitchen, bathroom, and
ventilation references; and keep minimum unit sizes and safety require-
ments.
Section 17 of the bill amends Subdivision 1 of Section 300 of the Multi-
ple Dwelling Law to repeal the extremely old permit-filing process
currently in place: detailed affidavits, architect designations, paper
plan sets, etc., and to replace a 1920s-era permit process written into
state law by requiring NYC to follow its own Department of Buildings
permit rules. This eliminates conflicts between the MDL and DOB's modem
electronic filing procedures.
Section 18 of the bill amends Section 301 of the Multiple Dwelling Law
to simplify certificate of occupancy requirements. Every multiple dwell-
ing must have a valid certificate of occupancy, governed by NYC DOB's
modern certificate of occupancy process.
Section 19 of the bill amends Section 170 of the Multiple Dwelling Law
to remove reference to the spacing rules of two or more buildings on the
same lot specified in Section 28 of the MDL. Section 28 is no longer
relevant because New York City has its own zoning and Building Code
rules governing building separation.
Section 20 of the bill amends Section 210 of the Multiple Dwelling Law
to remove reference to the spacing rules of two or more buildings on the
same lot specified in Section 28 of the MDL. Section 28 is no longer
relevant because New York City has its own zoning and Building Code
rules governing building separation.
Section 21 of the bill amends Subdivision 1 of Section 278 of the Multi-
ple Dwelling Law to remove reference to the spacing rules of two or more
buildings on the same lot specified in Section 28 of the MDL.
Section 28 is no longer relevant because New York City has its own
zoning and building code rules governing building separation.
Section 22 of the bill amends Subdivision c of Section 27-2084 of the
Administrative Code of the City of New York to remove an outdated
provision for the basement of a converted dwelling.
Section 23 of the bill sets forth the effective date. JUSTIFICATION:
This bill makes updates to the Multiple Dwelling Law (MDL), which was
enacted in 1929 to govern various aspects of building standards for
multiple dwellings with three or more units. The updates align the MDL's
provisions with New York City's current zoning regulations and building
codes.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all buildings
in existence on or constructed after such date.

Statutes affected:
S10199: 3 multiple dwelling law, 3(11) multiple dwelling law, 30 multiple dwelling law, 30(2) multiple dwelling law, 54 multiple dwelling law, 161 multiple dwelling law, 174 multiple dwelling law, 177 multiple dwelling law, 177(4) multiple dwelling law, 248 multiple dwelling law, 248(10) multiple dwelling law, 277 multiple dwelling law, 277(1) multiple dwelling law, 277(6) multiple dwelling law, 300 multiple dwelling law, 300(1) multiple dwelling law, 170 multiple dwelling law, 210 multiple dwelling law, 278 multiple dwelling law, 278(1) multiple dwelling law