NYC Administrative Code

§ 28-118.15 — Temporary certificates of occupancy.

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What is NYC AC § 28-118.15?

Quick Answer

This section allows the commissioner to issue a temporary certificate of occupancy before the completion of all work covered by a permit, provided that the occupied portions do not endanger public safety, health, or welfare. Applies to building owners seeking temporary occupancy during construction.

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

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§ 28-118.15 Temporary certificates of occupancy.

AC § 28-118.15

Upon application, the commissioner is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that the subject portion or portions of the building may be occupied and maintained in a manner that will not endanger public safety, health, or welfare. The commissioner may refuse to issue a temporary certificate of occupancy for a building pending payment of all outstanding fees, fines or civil penalties imposed for violations of this code, the 1968 building code or other laws enforced by the department at the same building. The commissioner shall set a time period during which the temporary certificate of occupancy is valid. The provisions of section 28-118.15.1 apply only to interim certificates of occupancy. Nothing in section 28-118.15.1 is intended to affect, alter or amend the commissioner's power to issue or to set time periods for the expiration of temporary certificates of occupancy that are not interim certificates of occupancy. (Am. L.L. 2021/006, 1/10/2021, eff. 5/10/2021; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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