NYC Administrative Code

§ 28-210.3 — Illegal conversions of dwelling units from permanent residences.

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What is NYC AC § 28-210.3?

Quick Answer

This section prohibits the conversion of dwelling units classified for permanent residence purposes to other uses, specifically within class A multiple dwellings and certain occupancy groups. The statute applies to owners and occupants of such dwellings, ensuring compliance with residential use regulations.

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§ 28-210.3 Illegal conversions of dwelling units from permanent residences.

AC § 28-210.3

Except as otherwise provided in subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27-2004 of the administrative code, (ii) occupancy group J-2 as described in section 27-265 of the administrative code or (iii) occupancy group R-2 as described in section 310.4 of the New York city building code shall be used only for permanent residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27-2004 of the administrative code. It shall be unlawful for any person or entity who owns or occupies a multiple dwelling or dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. For the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful accessory uses permitted pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with applicable law. (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. 2012/045 and L.L. 2021/126.

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