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What is NYC BC § 310.4?

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This section defines Residential Group R-2 occupancies, which include buildings with sleeping units or more than two dwelling units occupied for permanent residence. It encompasses various types of housing, such as adult homes, apartment houses, and student apartments. Applies to building owners managing residential properties.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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310.4 Residential Group R-2.

BC § 310.4

Residential Group R-2 occupancies shall include buildings or portions thereof containing sleeping units or more than two dwelling units that are occupied for permanent residence purposes as defined in subparagraph (a) of paragraph 8 of subdivision a of Section 27-2004 of the New York City Housing Maintenance Code. Such occupancy shall be subject to the New York State Multiple Dwelling Law. This group shall include, but not be limited to, the following: Adult homes or enriched housing with 16 or fewer occupants requiring supervised care on a 24-hour basis in the same building, provided that the number of occupants per dwelling unit does not exceed the definition of a family Apartment houses Apartment hotels (nontransient) Class A multiple dwellings as defined in Section 27-2004 of the New York City Housing Maintenance Code and Section 4 of the New York State Multiple Dwelling Law, where not classified in Group I, including the following: 1. Dwelling units where the resident of the unit provides custodial care to no more than four persons on less than a 24-hour basis and not overnight, where not classified in Group I.

2.Dwelling units where the resident of the unit provides child custodial care as a family day care home registered with the New York City Department of Health and Mental Hygiene in accordance with the New York State Social Services Law, with no more than six children between the ages of 2 and 13, or with no more than five children if any are under the age of 2, receiving supervised care on less than a 24-hour basis and not overnight, where not classified in Group I. Convents and monasteries with more than 20 occupants in the building Student apartments (Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

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