§ 310-01 Student Apartments.
RCNY § 310-01
(a)Scope. This rule establishes criteria for determining when dwelling units are classified as student apartments and when the fire safety provisions of Chapter 9 of the Building Code are applicable to such apartments. Student apartments shall not include buildings or portions thereof classified or recorded on a certificate of occupancy or in other records of the Department or other agencies as a dormitory pursuant to Chapter 3 of the 2008 Building Code or Subchapter 3 of Chapter 1 of Title 27 of the 1968 Building Code or as an equivalent classification pursuant to the building code in effect prior to December 6, 1968.
(b)References. See section BC 310.2 (definitions of: apartment; apartment, student; family); section BC 907.2.9.1; Housing Maintenance Code § 27-2004(a)(4) (definition of family).
(c)Classification as student apartments. Student apartment shall mean any apartment occupied or arranged to be occupied by students enrolled at a single accredited college or university and maintaining a common household pursuant to a lease, sublease, or occupancy agreement directly with such college or university, provided however, that the occupancy by fewer than four such students maintaining a common household and who are enrolled in a graduate program, a professional post-graduate program, or a continuing education program intended for adult learners beyond traditional undergraduate university or college age shall not be deemed a student apartment.
(1)Definition of "family" under the New York City Zoning Resolution. Where the Zoning Resolution limits the use of a building to either a one-family or two-family residence, the number of occupants in such residence occupied as a student apartment shall be limited to four unrelated persons in accordance with the definition of "family" in § 12-10 of the Zoning Resolution.
(d)Applicability of fire safety requirements.
(2)Apartments converted to student apartment use prior to July 1, 2009. The occupancy of an apartment first occupied as student apartment prior to July 1, 2009 may be continued without triggering the requirements of paragraph (1) of subdivision (d) of this section, provided that: (i) the occupancy of such apartment is limited to no more than three students maintaining a common household; and (ii) such apartment is thereafter occupied as a student apartment, although not necessarily by the same students, provided that such student apartment is not vacant for a period in excess of 12 months.
(3)Summary chart. The chart in Figure 1 summarizes the applicability of fire safety requirements, but is not intended to supersede the text of paragraphs (1) and (2) of subdivision (d) of this section. Figure 1 Summary chart of fire safety requirements Pre-2008-code buildings (1968, 1938, etc.) 2008-code buildings Unit converted to student apartment prior to July 1, 2009Units converted to student apartments on or after July 1, 2009Units created or converted to student apartmentsUndergraduate 1 to 3 students in the apartmentRequirements of 1 RCNY § 310-01 (d)(1) are not applicableRequirements of 1 RCNY § 310-01 (d)(1) are applicableRequirements of 1 RCNY § 310-01 (d)(1) are applicable4 to 7 students in the apartmentRequirements of 1 RCNY § 310-01 (d)(1) are applicableRequirements of 1 RCNY § 310-01 (d)(1) are applicableRequirements of 1 RCNY § 310-01 (d)(1) are applicablePost-Graduate 1 to 3 students in the apartmentNot deemed a student apartmentNot deemed a student apartmentNot deemed a student apartment4 to 7 students in the apartmentRequirements of 1 RCNY § 310-01 (d)(1) are applicableRequirements of 1 RCNY § 310-01 (d)(1) are applicableRequirements of 1 RCNY § 310-01 (d)(1) are applicable (e) Certificate of occupancy. An amended certificate of occupancy need not be obtained in order to occupy an otherwise lawful apartment for use as a student apartment.
(f)Records. The college or university shall maintain records at the building that contains any student apartment, identifying the unit numbers of student apartments, the maximum number of students housed in each such unit, whether the students are post-graduate or are permitted to be undergraduate, and where applicable, whether the apartment was first occupied as a student apartment prior to July 1, 2009. Such records shall be available for inspection by the Department, the Fire Department, and the Department of Housing Preservation and Development. The college or university may be required to produce further records to substantiate compliance with this section.
