§ 10-02 Scope of Rule.
RCNY § 10-02
(a)The requirements of this chapter apply to certifications, exemptions, and waivers pursuant to Administrative Code §§ 28-107.1 et seq., Administrative Code § 27-2093, Zoning Resolution § 96-110, Zoning Resolution § 93-90, Zoning Resolution § 98-70, Zoning Resolution § 23-013, and any subsequently enacted provision of the Administrative Code or Zoning Resolution which authorizes HPD to make determinations concerning certifications, exemptions, or waivers.
(b)With regard to single room occupancy multiple dwellings: (1) A certification shall be required where mandated pursuant to Administrative Code §§ 28-107.1 et seq. and Administrative Code § 27-2093; provided, however, that a certification shall not be required pursuant to Administrative Code § 28-107.3(4) for repairs, replacement, modification, or partial demolition work that is the minimum required to be performed to address conditions for rescission of a vacate order issued by HPD or DOB in a building.
(2)Except as otherwise provided in paragraph (1) of this subdivision, in accordance with the authority of the Commissioner pursuant to Administrative Code § 28-107.3(4) to prescribe by regulation other types of alteration work, a certification shall be required where the application and plans filed with DOB seek to: (i) increase or decrease the number of dwelling units; (ii) alter the layout, configuration or location of any portion of a dwelling unit; (iii) increase or decrease the number of residential kitchens or residential bathrooms; (iv) alter the layout, configuration or location of any portion of a residential kitchen or residential bathroom; (v) demolish or change the use or occupancy of any dwelling unit and/or any portion of the building serving the dwelling units.
(3)Where the application and the accompanying plans submitted to DOB do not provide for any changes described in paragraph (2) of this subdivision, or where the application is for work described in paragraph (1) of this subdivision, a certification shall not be required pursuant to Administrative Code § 28-107.3(4), but may be required pursuant to other provisions of Administrative Code §§ 28-107.1 et seq. or pursuant to the Zoning Resolution.
(c)With regard to properties located in the Special Clinton District defined in Article XI, Chapter 6 of the Zoning Resolution (§§ 96-00 et seq.), a certification shall be required where mandated pursuant to the terms of such Article and Zoning Resolution § 96-110; provided, however, that subject to compliance with the applicable zoning provisions, a certification shall not be required for repairs, replacement, modification or partial demolition work that is the minimum required to be performed to address conditions for rescission of a vacate order issued by HPD or DOB in a building.
(d)With regard to multiple dwellings located in the anti-harassment area defined in Zoning Resolution § 93-90 (Hudson Yards/Garment Center), a certification shall be required where mandated pursuant to the terms of such section; provided, however, that subject to compliance with the applicable zoning regulations, a certification shall not be required for repairs, replacement, modification or partial demolition work that is the minimum required to be performed to address conditions for rescission of a vacate order issued by HPD or DOB in a building.
(e)With regard to multiple dwellings located in the anti-harassment area defined in Zoning Resolution § 23-013 (Greenpoint-Williamsburg), a certification shall be required where mandated pursuant to the terms of such section and New York City Zoning Resolution § 93-90; provided, however, that subject to compliance with the applicable zoning provisions, a certification shall not be required for repairs, replacement, modification or partial demolition work that is the minimum required to be performed to address conditions for rescission of a vacate order issued by HPD or DOB in a building.
(f)With regard to multiple dwellings located in the anti-harassment area defined in Zoning Resolution § 98-70 (West Chelsea), a certification shall be required where mandated pursuant to the terms of such section and New York City Zoning Resolution § 93-90; provided, however, that subject to compliance with the applicable zoning provisions, a certification shall not be required for repairs, replacement, modification or partial demolition work that is the minimum required to be performed to address conditions for rescission of a vacate order issued by HPD or DOB in a building. (Amended City Record 9/14/2021, eff. 10/14/2021)
