Int. No. 11
By the Speaker (Council Member Vallone), Council Members Fusco, Stabile, Fiala and Golden; also Council Members Lasher, O'Donovan, Weiner and Wooten -- read and referred to the Committee on Housing and Buildings.
A Local Law to amend the administrative code of the city of New York, in relation to the issuance of certificates of occupancy for certain two-family dwellings.
Be it enacted by the Council as follows:
Section one. Subparagraph d of paragraph 3 of subdivision b of section 645 of the charter of the city of New York is amended to read as follows:
d. a certificate of occupancy of a building or structure shall certify that such building or structure conforms to the requirements of all laws, rules, regulations and orders applicable to it and shall be in such form as the commissioner shall direct[;], except that in the case of a two-family dwelling constructed between the years of nineteen hundred sixteen and nineteen hundred forty, a certificate of occupancy may certify in lieu of the statement of conformity as set forth hereinabove, that all real estate taxes, water and sewer charges and any penalties and interest thereon which were due and owing as of the date of application for such certificate have been fully paid and that no notice of violation affecting the safety of the dwelling other than for occupancy by a maximum of three families are pending before the department of buildings.
§2. Section 26-222 of the administrative code of the city of New York is amended to read as follows:
§26-222 Requirement of certificate of occupancy. It shall be unlawful to occupy or use any building erected or altered after December sixth, nineteen hundred sixty-eight, unless and until a certificate of occupancy shall have been issued by the commissioner, certifying that such building conforms substantially to the approved plans and the provisions of the building code and other applicable laws and regulations[.], except that in the case of a two-family dwelling constructed between the years of nineteen hundred sixteen and nineteen hundred forty upon submission of satisfactory proof by the owner thereof, a certificate of occupancy shall be issued certifying in lieu of the statement of conformity as set forth hereinabove, that all real estate taxes, water and sewer charges and any penalties and interest thereon which were due and owning as of the date of application for such certificate have been fully paid and that no notices of violation affecting the safety of the dwelling other than for occupancy be a maximum of three families are pending before the department of buildings. Nothing herein contained, however, shall be deemed to prohibit the commissioner from permitting the temporary occupancy and use of a building in accordance with and subject to the provisions of the building code and paragraph three of subdivision b of section six hundred forty-five of the charter.
§3. Sections 27-215 and 27-216 of the administrative code of the city of New York are amended to read as follows:
§27-215 Altered buildings. [Except as permitted under the provisions of section 27-218, no] No building hereafter altered so as to change from one occupancy group to another, either in whole or in part, or so as to affect any existing means of egress, or so as to increase the number of habitable rooms in the building, and no building hereafter altered for which a certificate of occupancy has not theretofore been issued, shall be occupied or used unless and until a certificate of occupancy shall have been issued certifying that the alteration work for which the permit was issued has been completed substantially in accordance with the approved plans and the provisions of this code and other applicable laws and regulations[.], except as permitted under the provisions of section 27-218 or in the case of a two-family dwelling constructed between the years of nineteen hundred sixteen and nineteen hundred forty upon submission of satisfactory proof by the owner thereof, a certificate of occupancy shall be issued certifying in lieu of the statement of conformity as set forth hereinabove, that all real estate taxes, water and sewer charges and any penalties and interest thereon which were due and owing as of the date of application for such certificate have been fully paid and that no notices of violation affecting the safety of the dwelling other than for occupancy by a maximum of three families and pending before the department of buildings. If the building was not required to be vacated, either in whole or in part, during the course of the alteration work, the occupancy or use of the building shall not continue more than thirty calendar days after completion of the alteration work, unless a certificate of occupancy has been issued, as above provided.
§27-216 Existing buildings. Upon application by the owner of an existing building, and subject to the provisions of section 27-111 of article three of this subchapter, the commissioner shall issue a certificate of occupancy for such building, provided that at the time of issuing such certificate, no notices of violation or other notices or orders affecting the building as they relate to the provisions of this code are pending before the department of buildings, and provided further that it is established to the satisfaction of the commissioner, after inspection and investigation, that the alleged use of the building has heretofore legally existed[.], except that in the case of a two-family dwelling constructed between the years of nineteen hundred sixteen and nineteen hundred forty, the commissioner shall issue a certificate of occupancy for such building upon submission of satisfactory proof by the owner thereof that all real estate taxes, water and sewer charges and any penalties and interest thereon which were due and owing as of the date of application for such certificate have been fully paid and that no notices of violation affecting the safety of the dwelling for occupancy other than by a maximum of three families are pending before the department of buildings. The issuance of a certificate of occupancy for any existing building on waterfront property not used in conjunction with and in furtherance of waterfront commerce and/or navigation shall be conditioned upon compliance with the provisions of this code regulating means of egress, and upon the issuance of a certificate of completion by the commissioner of general services, and shall be limited to the uses and purposes certified to therein.
§4. Section 27-221 of the administrative code of the city
of New York is amended to read as follows:
§27-221 Statement of compliance. When a certificate of occupancy for a new or altered building is applied for, the application shall be accompanied by a signed statement of the architect, engineer or other person who supervised or superintended the construction or alteration work, stating that he has examined the approved plans and specifications of the building for which the certificate of occupancy is sought, and that, to the best of his knowledge and belief, the building has been erected or altered in accordance with the approved plans and specifications and, as erected or altered, complies with the provision of this code and all other applicable laws and regulations, except insofar as variations or variances therefrom have been legally permitted or authorized, specifying such variations or variances in such required statement[.], except that in the case of a two-family dwelling constructed between the years of nineteen hundred sixteen and nineteen hundred forty, the owner of such dwelling may submit in lieu of the architect's statement as otherwise required hereinabove, satisfactory proof that all real architect's statement as otherwise required hereinabove, satisfactory proof that all real estate taxes, water and sewer charges and any penalties and interest thereon which were due and owing as of the date of application for such certificate have been fully paid and that no notices of violation affecting the safety of the dwelling for occupancy other than by a maximum of three families are pending before the department of buildings.
§5. This local law shall take effect thirty days after enactment.