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The time period in which the commissioner is required to approve or reject an application for construction document approval or resubmission thereof pursuant to this code shall commence from the date that the commissioner receives the documents required pursuant to item 3 of section 28-505.4.
(L.L. 2018/001, 12/31/2017, eff. 9/27/2018; Am. L.L. 2021/119, 10/25/2021, eff. 9/27/2021; 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. 2018/001, L.L. 2021/119, and L.L. 2021/126.
The department shall not issue any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on a lot subject to an restrictive declaration pursuant to subdivision e of section 27-2093.1 of the housing maintenance code, other than for any low income housing located on such lot, until the department of housing preservation and development certifies that the low income housing required by such restrictive declaration has been completed in compliance with the restrictive declaration and the department has issued a temporary or permanent certificate of occupancy for each unit of low income housing covered by such restrictive declaration.
(L.L. 2018/001, 12/31/2017, eff. 9/27/2018; Am. L.L. 2021/119, 10/25/2021, eff. 9/27/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/001 and L.L. 2021/119.
The commissioner shall be empowered to issue a stop-work notice or order with respect to an alteration or demolition permit or to rescind approval of construction documents at the request of the commissioner of housing preservation and development pursuant to section 27-2093.1 of the housing maintenance code.
(L.L. 2018/001, 12/31/2017, eff. 9/27/2018; Am. L.L. 2021/119, 10/25/2021, eff. 9/27/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/001 and L.L. 2021/119.
Exceptions:
1. A building that is seven stories or more where an application for the approval of construction documents is submitted on or before July 1, 2027.
2. A building that is less than seven stories where an application for the approval of construction documents is submitted on or before December 31, 2023.
3. A building, other than a building, that is classified as group R-3, where such emissions are in connection with the provision of hot water and an application for the approval of construction documents is submitted on or before July 1, 2027.
4. A building that is less than seven stories where the building owner demonstrates in accordance with rules promulgated by the department that 50 percent or more of the dwelling units in such building are subject to a regulatory agreement, restrictive declaration, or similar instrument with a federal, state, or local governmental entity or instrumentality for the creation or preservation of affordable housing, and an application for the approval of construction documents is submitted before December 31, 2025.
5. A building that is seven stories or more where the building owner demonstrates in accordance with rules promulgated by the department that 50 percent or more of the dwelling units in such building are subject to a regulatory agreement, restrictive declaration, or similar instrument with a federal, state, or local governmental entity or instrumentality for the creation or preservation of affordable housing, and an application for the approval of construction documents is submitted before December 31, 2027.
6. A building that will be primarily used by a utility regulated by the public service commission for the generation of electric power or steam.
7. A building within a facility operated by the department of environmental protection that treats sewage or food waste.
8. An application filed by or on behalf of the school construction authority submitted before December 31, 2024.
9. A building where it would not be required to comply with section 24-177.1 because the combustion of a substance that emits 25 kg or more of carbon dioxide per million British thermal units of energy is necessary for a manufacturing use or purpose, or for the operation of a laboratory, laundromat, hospital, crematorium, commercial kitchen as defined in section 602 of the New York city fire code, or where used for emergency or standby power, or other use allowed by rule of the department, to the extent necessary for, and in the space occupied by such use or purpose.
(L.L. 2021/154, 12/22/2021, eff. 12/22/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/154.
For purposes of this article, the following terms have the following meanings:
Apartment. The term “apartment” has the same meaning as defined in section BC 202 of the New York city building code.
Application. The term “application” means an application for authorization for temporary residence pursuant to this article.
Authorization for temporary residence. The term “authorization for temporary” residence means an authorization issued by the department pursuant to section 28-507.4 authorizing the temporary use of an eligible basement or cellar as an apartment prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for such use.
Basement. The term “basement” means a story partly below the grade plane and having less than one-half of its clear height, measured from finished floor to finished ceiling, below the grade plane.
Cellar. The term “cellar” means that portion of a building that is partly or wholly underground, and having one-half or more of its clear height, measured from finished floor to finished ceiling, below the grade plane.
Eligible basement or cellar residence. The term “eligible basement or cellar residence” means a basement or cellar in an existing dwelling within the program area, unlawfully arranged to be occupied as an apartment with acceptable kitchen and sanitation facilities as described in department rules, and which apartment was in existence prior to April 20, 2024.
Family. The term “family” has the same meaning as defined in the multiple dwelling law, except that as used in this article, family shall not include any boarders, roomers, or lodgers.
Pre-existing violation. The term “pre-existing violation” means a violation issued by an agency of the city of New York for the illegal occupancy of a basement or a cellar for which a notice of violation, administrative summons, criminal court summons, or other process was issued prior to the date of issuance of an authorization for temporary residence by the department pursuant to this article.
Program area. The term “program” area means Bronx community district 9; Bronx community district 10; Bronx community district 11; Bronx community district 12; Brooklyn community district 4; Brooklyn community district 10; Brooklyn community district 11; Brooklyn community district 17; Manhattan community district 2; Manhattan community district 3; Manhattan community district 9; Manhattan community district 10; Manhattan community district 11; Manhattan community district 12; and Queens community district 2, and such other community districts as may be authorized pursuant to section 289 of the multiple dwelling law.
Rented. The term “rented” means leased, let, or hired out, with or without a written agreement.
Temporary residence program. The term “temporary residence program” means a program established pursuant to this article to facilitate the legalization of eligible basement and cellar residences within the program area and to authorize their temporary use as apartments pending the issuance of a certificate of occupancy or temporary certificate of occupancy for such use.
Tenant. The term “tenant” means an individual to whom an eligible basement or cellar residence is rented.
(L.L. 2024/126, 12/18/2024, eff. 6/16/2025)
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