Int. No. 410
By Council Members Fiala, Cruz, Lopez, Reed, Abel and Stabile; also Council Members Carrion, Foster, Harrison, Eristoff and Ognibene.
A Local Law to amend the administrative code of the city of New York, in relation to the issuance of temporary certificates of occupancy.
Be it enacted by the Council as follows:
Section 1. Section 27-218 of the administrative code of the city of New York is amended to read as follows:
§27-218 Temporary occupancy. [The] Except as otherwise provided in section 27-218.1 of this code, the commissioner may, upon request, issue a temporary certificate of occupancy for a part or parts of a building before the entire work covered by the permit shall have been completed, provided that such part or parts may be occupied safely prior to completion of the building and will not endanger public safety, health, or welfare, and further provided that the temporary certificate of occupancy shall be issued initially under either (a) for a period [between] of ninety [and one hundred eighty] days, in the case of all buildings classified in occupancy group J-3 or three-family [homes, and] dwellings, subject to renewal for two additional ninety-day periods at the discretion of the commissioner, or (b) for a period of ninety days for all other buildings, subject to renewal for additional ninety-day periods at the discretion of the commissioner. [When an applicant applies for an initial temporary certificate of occupancy for longer than ninety days, he or she must state the reason necessary for the longer period.]
§2. Section 27-218.1 is added to administrative code of the city of New York, to read as follows:
§27-218.1 Temporary occupancy for a one- to three-family dwelling. (a) Where a permit for the construction of a one- to three-family dwelling has been issued, the commissioner may, upon the request and application of the builder thereof, issue to such builder, a temporary certificate of occupancy for a part or parts of a building before the entire work covered by the permit shall have been completed, provided that such part or parts may be occupied safely prior to completion of the building and will not endanger public safety, health, or welfare.
(b) A temporary certificate of occupancy issued under the provisions of subdivision (a) of this section shall set forth the names and addresses of the owner and purchaser of the building, and shall designate such owner and purchaser as those persons who may occupy the building.
§3. Section 27-218.2 is added to the administrative code of the city of New York, to read as follows:
§ 27-218.2 Additional temporary occupancy requirements for a one- to three-family dwelling. (a) After the commissioner has issued a temporary certificate occupancy as provided in section 27-218.1 of this code, the builder thereof shall complete all work necessary for the issuance of a certificate of occupancy within the time as provided in section 27-218 of this code.
(b) Until such time as the entire work covered by the permit shall have been completed, any violations of this title or title 26 of this code shall be issued to, and in the name of, the builder thereof. Such builder shall be responsible to the owner to correct any such violations, and shall reimburse the owner for any such violations issued to such owner for work covered by the permit. For work not covered by the permit, any violations of this title or title 26 of this code shall be issued to the owner of the building. Whenever the commissioner issues a certificate for temporary occupancy as provided in section 27-218.1 of this code, the builder thereof shall post a bond in an amount to be established by the commissioner.
§4. Section 27-220 of the administrative code of the city of New York is amended to read as follows:
§27-220 Applicant. [The] Except as otherwise provided in section 27-218.1 of this code, the application for a certificate of occupancy or a temporary certificate of occupancy shall be made by or [in] on behalf of the owner of the building premises; and if made by a person other than the owner, the application shall be accompanied by a signed statement of the applicant stating that he or she is authorized by the owner to make the application. The full names and addresses of the owner, lessee, and applicant, and of the principal officers thereof, if a corporation shall be stated in the application.
§5. This local law shall take effect thirty days after it shall have been enacted into law.
TN/lc
LS# 781
08/19/98