§ 28-507.1 Definitions.
AC § 28-507.1
For purposes of this article, the following terms have the following meanings: Apartment. The term “apartment” has the same meaning as defined in section BC 202 of the New York city building code. Application. The term “application” means an application for authorization for temporary residence pursuant to this article. Authorization for temporary residence. The term “authorization for temporary” residence means an authorization issued by the department pursuant to section 28-507.4 authorizing the temporary use of an eligible basement or cellar as an apartment prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for such use. Basement. The term “basement” means a story partly below the grade plane and having less than one-half of its clear height, measured from finished floor to finished ceiling, below the grade plane. Cellar. The term “cellar” means that portion of a building that is partly or wholly underground, and having one-half or more of its clear height, measured from finished floor to finished ceiling, below the grade plane. Eligible basement or cellar residence. The term “eligible basement or cellar residence” means a basement or cellar in an existing dwelling within the program area, unlawfully arranged to be occupied as an apartment with acceptable kitchen and sanitation facilities as described in department rules, and which apartment was in existence prior to April 20, 2024. Family. The term “family” has the same meaning as defined in the multiple dwelling law, except that as used in this article, family shall not include any boarders, roomers, or lodgers. Pre-existing violation. The term “pre-existing violation” means a violation issued by an agency of the city of New York for the illegal occupancy of a basement or a cellar for which a notice of violation, administrative summons, criminal court summons, or other process was issued prior to the date of issuance of an authorization for temporary residence by the department pursuant to this article. Program area. The term “program” area means Bronx community district 9; Bronx community district 10; Bronx community district 11; Bronx community district 12; Brooklyn community district 4; Brooklyn community district 10; Brooklyn community district 11; Brooklyn community district 17; Manhattan community district 2; Manhattan community district 3; Manhattan community district 9; Manhattan community district 10; Manhattan community district 11; Manhattan community district 12; and Queens community district 2, and such other community districts as may be authorized pursuant to section 289 of the multiple dwelling law. Rented. The term “rented” means leased, let, or hired out, with or without a written agreement. Temporary residence program. The term “temporary residence program” means a program established pursuant to this article to facilitate the legalization of eligible basement and cellar residences within the program area and to authorize their temporary use as apartments pending the issuance of a certificate of occupancy or temporary certificate of occupancy for such use. Tenant. The term “tenant” means an individual to whom an eligible basement or cellar residence is rented. (L.L. 2024/126, 12/18/2024, eff. 6/16/2025)
