Alteration Or Demolition of Single Room Occupancy Multiple Dwellings

NYC Admin. Code tit. 28, ch. 1, art. 107

in effect

NYC Admin. Code § 28-107.1 General.

§ 28-107.1 General. The commissioner shall not approve construction documents, nor issue an initial or reinstated permit in connection therewith, for the alteration or demolition of a single room occupancy multiple dwelling except as set forth in this article. Applications for post approval amendments to construction documents are subject to this article where the application proposes a change within a covered category of work as set forth in section 28-107.3.

NYC Admin. Code § 28-107.2 Definitions.

§ 28-107.2 Definitions. The following words and terms shall, for the purposes of this article and elsewhere in the code, have the meanings shown herein. CLASS A MULTIPLE DWELLING, CLASS B MULTIPLE DWELLING, FURNISHED ROOM HOUSE, ROOMING UNIT AND SINGLE ROOM OCCUPANCY. Shall have the meanings set forth in section 27-2004 of the New York city housing maintenance code. SINGLE ROOM OCCUPANCY MULTIPLE DWELLING. A single room occupancy multiple dwelling means: 1. A "class A multiple dwelling" used in whole or part as a "rooming house" or "furnished room house," or for "single room occupancy" pursuant to section 248 of the New York state multiple dwelling law; 2. A "class A multiple dwelling" containing "rooming units"; or 3. A "class B multiple dwelling." Exception: The term single room occupancy multiple dwelling shall not include: 1. College or school dormitories; 2. Clubhouses; 3. Luxury hotels, as such term is defined by the commissioner of housing preservation and development; or 4. Residences whose occupancy is restricted to an institutional use such as housing intended for use by the employees of a single company or institution; 5. City-owned multiple dwellings; or 6. Any multiple dwelling, other than a lodging house, containing fewer than nine sleeping rooms, rooming units, single room occupancy units, or hotel units unless the total number of such units is more than fifty percent of the total number of dwelling units in such multiple dwelling; or 7. Any multiple dwelling that: 7.1. Is the subject of a program approved by the commissioner of housing preservation and development and related to the rehabilitation or preservation of a single room occupancy multiple dwelling or the provision of housing for persons of low or moderate income, other than a program consisting solely of real property tax abatement or tax exemption; and 7.2. Has been exempted from the provisions of this article by the commissioner of housing preservation and development. 8. Any building erected after May 5, 1983. 9. Any building lawfully altered pursuant to the provisions of this article after May 5, 1983, such that the building no longer meets the definition of single room occupancy multiple dwelling. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-107.3 Covered categories of work.

§ 28-107.3 Covered categories of work. Applications for the approval of construction documents for the following categories of work are covered by this article: 1. Demolition of a single room occupancy multiple dwelling; 2. Alteration of a single room occupancy multiple dwelling to a class A multiple dwelling to be used in whole or in part for other than single room occupancy purposes; 3. Alteration of a single room occupancy multiple dwelling resulting in the removal or addition of kitchen or bathroom facilities; and 4. Such other types of alteration work to a single room occupancy multiple dwelling as shall be prescribed by rule of the commissioner of housing preservation and development, in consultation with the commissioner. Exceptions: 1. Work solely for the purpose of either (i) making the public areas of a multiple dwelling accessible to persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall not be covered by this article. 2. Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract with a city agency shall not be covered by this article.

NYC Admin. Code § 28-107.4 Required submittal documents.

§ 28-107.4 Required submittal documents. The commissioner shall not approve any construction documents, nor issue an initial or reinstated permit in connection therewith, for a single room occupancy multiple dwelling for the covered categories of work unless the applicant provides: 1. A sworn affidavit by or on behalf of all the owners, as the term owner is defined in section 27-2004 of the New York city housing maintenance code, of such multiple dwelling that there will be no harassment of the lawful occupants of such multiple dwelling by or on behalf of such owners during the construction period; 2. A tenant protection plan as provided for in this code; and 3. One of the following documents from the commissioner of housing preservation and development: 3.1. A current certification that there has been no harassment of the lawful occupants of such multiple dwelling within the 36 month period prior to submission of an application for such certification to the department of housing preservation and development, provided, however, that such certification shall except any portion of such 36 month period during which title was vested in the city; or 3.2. A waiver of such certification.

NYC Admin. Code § 28-107.5 Filing process.

§ 28-107.5 Filing process. Applications for a certification of no harassment shall be made pursuant to section 27-2093 of the New York city housing maintenance code. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-107.6 Time period for acceptance or rejection.

§ 28-107.6 Time period for acceptance or rejection. The time period in which the commissioner is required to approve or reject an application for construction document approval or resubmission thereof pursuant to this code shall commence from the date that the commissioner receives either the certification or waiver pursuant to this article.

NYC Admin. Code § 28-107.7 Denial of certification.

§ 28-107.7 Denial of certification. Where the commissioner of housing preservation and development denies the certification required by this article, the commissioner shall reject the application for construction document approval.

NYC Admin. Code § 28-107.8 Request for stop-work or rescission.

§ 28-107.8 Request for stop-work or rescission. The commissioner shall be empowered to issue a stop-work notice or order with respect to an alteration or demolition permit and/or to rescind approval of construction documents at the request of the commissioner of housing preservation and development pursuant to section 27-2093 of the New York city housing maintenance code.

NYC Admin. Code § 28-107.9 Effect of denial or rescission.

§ 28-107.9 Effect of denial or rescission. Where the commissioner rejects or rescinds the approval of construction documents pursuant to this article, no further application for the covered categories of work shall be considered by the commissioner for a period of 36 months following the date of the denial of the certification of no harassment by the commissioner of housing preservation and development or the date of the rescission of such certification of no harassment by such commissioner.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-206117Fetched: 10/24/2026