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What is NYC AC § 27-2076?

Quick Answer

This section prohibits the use of kitchens for sleeping purposes and restricts rooming units from being occupied by families with children under sixteen years old. If unlawful occupancy persists after a notice of violation, the department may seek an injunction for eviction. Applies to building owners and property operators managing rooming units.

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

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§ 27-2076 Prohibited occupancies.

AC § 27-2076

a. No kitchen shall be occupied for sleeping purposes. b. No rooming unit shall be occupied by a family with a child under the age of sixteen years, except that if a child is born to a family residing in such accommodations, the unlawful occupancy shall not commence until one year after the birth of such child. In any case where such an unlawful occupancy continues for ten days after the service of a notice of violation upon both the tenant and owner, the department may, in addition to all other remedies, institute a proceeding for an injunction pursuant to article four of subchapter five of this chapter to obtain an order requiring that such violation be remedied by eviction or removal of the tenant. The provisions of this subdivision shall not prohibit such occupancy (1) in rooming units operated without profit by an educational, religious or charitable institution of the type described and for the purposes set forth in subdivision a of section 27-2077 of this article, or (2) in a summer resort dwelling.

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