Subchapter B: [Reserved]

Subchapter C: Conduct and Maintenance of Lodging Houses

§ 25-51 Conduct and Maintenance of Lodging Houses.

   (a)   Lodging house, defined. As used in these rules, the term lodging house shall mean any house or building or portion thereof, in which persons are harbored, or received, or lodged, for hire for a single night, or for less than a week at one time, or any party of which is let for any person to sleep in, for any term less than a week. The term lodging house shall not be deemed to include a Class A multiple dwelling used or let for single room occupancy.

   (b)   Permits required. It shall be unlawful to conduct, maintain or operate a lodging house containing rooms in which there are more than three beds for the use of lodgers, or in which more than six persons are allowed to sleep unless a permit therefor has been issued by the Commissioner of Housing Preservation and Development.

   (c)   Procedure for obtaining a permit.

      (1)   Information to be given in application. Each application for a permit shall file with the Department of Housing Preservation and Development in duplicate, a written application, dated, signed by himself, and correctly setting forth:

         (i)   The full name and address of the proprietor of the lodging house and of the owner of the premises.

         (ii)   The location of the lodging house.

         (iii)   The portions of the building intended to be used as a lodging house.

      (2)   Certificate from the Fire Department. The applicant shall procure from the Fire Department of the City of New York a certificate to the effect that the premises for which a permit is desired complies with all laws, rules and regulations enforceable by the Fire Department.

   (d)   Conduct, maintenance and operation of lodging houses.

      (1)   Every permittee shall conduct, maintain and operate such lodging house in accordance with the terms of his permit and the rules and regulations of the Department of Housing Preservation and Development.

      (2)   Permit to be displayed. The permit of the Department of Housing Preservation and Development issued for such lodging house shall be continuously and conspicuously displayed in the office or hall of such lodging house.

      (3)   Numbers of lodgers permitted.

         (i)   No keeper of a lodging house shall receive lodgers therein without displaying continuously and conspicuously in each room a card issued for such room by the Department of Housing Preservation and Development setting forth the maximum number of lodgers permitted to be accommodated in such room, and also a copy of these rules and regulations.

         (ii)   No keeper of a lodging house shall accommodate in any sleeping room thereof a number of lodgers greater than the number set forth on the card issued for such room by the Department of Housing Preservation and Development; nor shall he accommodate any lodgers in any room in which a card, duly issued therefor, is not displayed as above described.

      (4)   Ventilation.

         (i)   In every lodging house each room shall be adequately ventilated as required by law and to the satisfaction of the Department of Housing Preservation and Development.

         (ii)   In every sleeping room there shall be provided not less than 400 cubic feet of air space per bed.

         (iii)   Neither side of any bed shall at any time be nearer than two feet to the side of any other bed.

         (iv)   All beds shall be so arranged that the air shall circulate freely under each of them.

         (v)   In the ease of all lodging houses for which permits are for the first time applied for after the year 1919, no beds or bunks shall be placed one above another.

      (5)   Airing, etc.

         (i)   Except when extreme severity of the weather prevents, all windows of sleeping rooms, waterclosets, washrooms and bathrooms shall be kept open not less than one foot at the bottom and one foot at the top at least four hours daily.

         (ii)   Beds occupied at night shall be vacated by 10 a.m. or 12 m., and the bedding thereof shall be turned over and exposed to the air from 10 a.m. to 2 p.m. or from 12 m. to 4 p.m. daily, as prescribed by the permits issued for each lodging house.

         (iii)   For the accommodations of lodgers working by night, special beds or rooms shall be set apart for their use during the day, but the bedding of such beds must be turned over and exposed to the air in a room with outside windows, open as above prescribed, for at least four consecutive hours daily.

         (iv)   Only servants at work or lodgers accommodated as per-subparagraph (iii) of this subdivision, shall be allowed in sleeping rooms during the four-hour period for airing, as specified in the permit issued for such lodging house, in any lodging house in which accommodations are provided for male lodgers, no female servants shall be employed; likewise, where accommodations are provided for female lodgers, no male servants shall be employed.

      (6)   Beds and bedding.

         (i)   In every lodging house there shall be provided for each lodger a separate bed with bedspread, bedding and bedclothes satisfactory to the Department of Housing Preservation and Development.

         (ii)   All portions of the building, including all furniture, bed clothing, mattresses and pillows shall always be kept clean and free from vermin.

         (iii)   Sheets and pillow cases shall be kept in a condition clean and satisfactory to the Department of Housing Preservation and Development.

         (iv)   In the case of all lodging houses for which permits are for the first time applied for after the year 1910, the frames of all beds shall be of metal.

      (7)   Waterclosets.

         (i)   In every lodging house there shall be provided waterclosets in the ratio of at least one watercloset to every fifteen beds or fraction thereof.

         (ii)   In every lodging house for which a permit shall be first applied for after February 1st, 1911, there shall be provided at least one watercloset on each floor, and watercloset shall be provided on every floor in the ratio of at least one to every fifteen beds or fraction thereof on such floors.

         (iii)   Every watercloset shall be properly ventilated by an unobstructed opening to the outer air.

         (iv)   No gas or offensive odors shall be allowed to escape from any water closet, sewer or outlet into any sleeping room or part thereof. Each watercloset shall be provided with a self-closing door, which shall be cut away at the bottom so as to provide adequate ventilation.

         (v)   In no lodging house shall any person be allowed to sleep in a room in which there is a watercloset.

         (vi)   In every lodging house for which a permit shall be first applied for after February 1st, 1911, there shall be provided at least one washroom on each floor.

         (vii)   In every lodging house there shall be provided washrooms with running water, set wash basins or other individual washing appliances satisfactory in character to the Department of Housing Preservation and Development. Such individual appliances shall be provided in proportion to the number of beds in the lodging house as follows: One such appliance for every ten beds or fraction thereof.

      (8)   Baths.

         (i)   In every lodging house shower baths shall be provided in the ration of at least one shower bath to every fifty beds or fraction thereof, or tub baths shall be provided in the ration of at least one tub bath to every twenty-five beds or fraction thereof.

         (ii)   All such baths shall be provided with hot and cold running water, and shall be at all times accessible for the use of lodgers free of charge.

      (9)   Water and towels. An adequate supply of water and clean individual towels shall be provided. The use of common towel is prohibited.

      (10)   Floors and walls of waterclosets, etc. In every lodging house the floors of all waterclosets, washrooms and bathrooms, and the walls thereof to a height of at least four feet above the floor shall be constructed of such durable, waterproof material as may be approved by the Department of Housing Preservation and Development.

      (11)   Cleanliness and repair.

         (i)   Every lodging house and every part thereof shall be at all times kept clean and free from dirt, filth garbage and rubbish in or on the premises belonging to or connected with the same.

         (ii)   All waterclosets, washbasins, baths, windows, fixtures, fitting and painted surfaces shall be at all times kept thoroughly clean and in good repair.

         (iii)   The floors, walls and ceilings of all rooms, passages, and stairways must be at all times kept clean and in good repair.

         (iv)   If painted with oil, all walls and ceilings shall be thoroughly washed with soap and water at least twice yearly, and at such other times as the Department of Housing Preservation and Development may direct.

      (12)   Spitting and cuspidors.

         (i)   In each hall, room, cubicle, watercloset, washroom and bathroom of every lodging house there shall be provided a sufficient number of cuspidors or spittoons.

         (ii)   In every such room, etc., there shall be continuously and conspicuously a sing: "SPITTING FORBIDDEN EXCEPT IN PROPER RECEPTACLES."

         (iii)   All such cuspidors or spittoons shall be of durable waterproof material and shall be thoroughly cleaned at least once daily, and shall be at all times maintained in a condition satisfactory to the Department of Housing Preservation and Development.

      (13)   Method of sweeping regulated. Sweeping of any portions of such lodging houses shall be so performed as to avoid the raising of dust in the process. Dry sweeping prohibited.

      (14)   Illness. It shall be the duty of the keeper, agent, or owner of every lodging house to immediately report to the Department of Health the occurrence of any illness in such house.

      (15)   No Women or Children lodged. In no lodging house in which men are lodged shall any women or girl be lodged or any boy under the age of sixteen years, unless accompanied by his father or legal male guardian.

   (e)   Violations, revocation or suspension of permit. A violation of any of the foregoing rules and regulations shall constitute sufficient cause for the revocation or suspension of a permit by the Commissioner of Housing Preservation and Development.

Subchapter D: Signs at Incinerator Service Openings

§ 25-61 Signs at Incinerator Service Openings.

   (a)   Signs on doors leading to the service openings shall be not less than eight inches wide and not less than 3 inches high, and shall have letters not less than one-quarter inch in height.

   (b)   Signs placed on the walls over the hoppers shall be not less than ten inches wide and four inches in height and shall have letters not less than five-sixteenths of an inch in height.

   (c)   The lettering of the signs shall be of the bold type and shall be properly spaced to provide good legibility, and the letters and the background shall be of contrasting colors.

   (d)   Signs on doors shall be located on the hall side and approximately five feet above the floor.

   (e)   Signs shall be durable and shall be substantially secured to the door wall.

   (f)   Lighting shall be sufficient to make the signs easily legible at all times.

Subchapter E: Signs Showing the Maximum Lawful Occupancy for Sleeping Purposes of Apartments, Suites of Rooms and Single-Room Units Constituting 'Accommodations for Transients'

§ 25-71 Signs Showing the Maximum Lawful Occupancy for Sleeping Purposes of Apartments, Suites of Rooms and Single-Room Units Constituting "Accommodations for Transients."

   (a)   (1)   Except as otherwise provided in paragraph (5) of this subdivision (a), the owner of every multiple dwelling containing any accommodations for transients (see definition of accommodations for transients in subdivision (b) hereof), except structures containing not less than 200 rooms and classified by the department as hotels (whether a class A or class B multiple dwelling), shall install and maintain signs therein in accordance with the applicable requirements set forth in paragraph two, three, four and five of this subdivision.

      (2)   There shall be displayed in each apartment, suite of rooms and single-room unit constituting such accommodations for transients, a sign which shall show both the currently applicable total maximum lawful occupancy, for sleeping purposes, of such apartment, suite or unit, and the currently applicable maximum lawful occupancy, for sleeping purposes, of each living room constituting a part of each such apartment or suite.

      (3)   In addition, in each room in any such apartment or suite, there shall be displayed a sign showing the maximum lawful occupancy, for sleeping purposes, of such room.

      (4)   Such signs shall be displayed in each such apartment, suite of rooms, single-room unit and living room, in conformity with the applicable requirement of paragraphs two, three and four of this subdivision.

      (5)   Such signs need not be displayed in any apartment, suite of rooms, single-room unit or dormitory in a hotel (whether a class A or class B multiple dwelling), which apartment, suite, unit or dormitory consists of a room or rooms used for class B occupancy (see definitions of "room used for class B occupancy") lawfully, during any time while such apartment, suite, unit or dormitory is occupied for sleeping purposes by any person or persons, none of whom has occupied same for such purposes for a continuous period exceeding eighty-five days.

   (b)   Accommodations for Transients.

      (1)   Any apartment, suite of rooms or single-room unit, consisting in whole or in part of any room or rooms used for class B occupancy, or any portion of any such apartment or suite, or

      (2)   any dormitory, or

      (3)   any apartment or portion thereof used for single room occupancy.

   (c)   Application. These rules shall apply to the signs which are required by § 27-2080 of the Administrative Code to be installed and maintained in each apartment, suite of rooms and single-room unit constituting "accommodations for transients" as described in subdivision (b) of this section.

   (d)   Material. Signs shall be constructed of metal, slow-burning plastic or other material approved by the Commissioner, and shall be substantial, rigid and durable in construction. Signs of cardboard or heavy paper may be used if such material is encased in strong metal, wood or plastic frames and is covered by clear plastic or glass not less than one sixteenth inch (1/16") in thickness and if provided with substantial backing. Signs shall be provided with means for fastening securely to the wall.

   (e)   Room signs. The following information shall appear on signs required in rooms in which not more than one (1) adult is permitted to sleep:

 Department of Housing Preservation and Development City of New York 
Premises: ________________________________________ (address of building)
Room No. ________________________________________ on ________________________________________ story.
Not more than ONE (1) ADULT permitted to sleep in this room. § 27-2075, Administrative Code.

The following information shall appear on signs required in rooms in which not more than two (2) adults are permitted to sleep:

Department of Housing Preservation and Development City of New York 
Premises: ________________________________________ (address of building)
Room No. ________________________________________ on ________________________________________ story.
Not more than TWO (2) ADULTS permitted to sleep in this room. § 27-2075 of the Administrative Code. In both of the above instances the address of the premises and the location of the room must be shown, in addition to the number of persons permitted to sleep in such room.

   (f)   Apartment signs. The following information shall appear on signs required in apartments and suites of rooms showing the total maximum occupancy for sleeping purposes of entire apartment or suite of rooms:

 Department of Housing Preservation and Development City of New York 
Premises: ________________________________________ (address of building)
Apartment

   (or suite)   No. ______________ on ______________ story.
Not more than a TOTAL OF ______________ ADULTS permitted to sleep in this apartment (or suite). § 27-2075, Administrative Code.

The permitted lawful occupancy for sleeping purposes of each room in this apartment is as follows:
Room No. ______________ not more than ______________ ADULTS
Room No. ______________ not more than ______________ ADULTS

(Provide separate line for each room in apartment or suite.)

The above sign must show the address of the premises, the location of the apartment or suite of rooms, the total maximum lawful occupancy for sleeping purposes of the entire apartment or suite, and the permitted lawful occupancy for sleeping purposes of each individual room in said apartment or suite. The maximum lawful occupancy for sleeping purposes of each room shall be shown on a separate line, with a proper designation by room number in order to identify each room.

   (g)   Size of sign and lettering. The lettering shall be of the Gothic type. The letters forming "DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT", and the letters and numerals showing the number of ADULTS, shall be not less than one-quarter inch (1/4") in height. All other letters and numerals shall be not less than three-sixteenths inch (3/16") in height. Letters shall be of such width and spacing as will provide the greatest legibility. The letters and the background of the sign shall be of contrasting colors. The size of sign shall be sufficient to accommodate the required lettering and to provide a margin of not less than one-quarter inch (1/4") about the lettering on all sides.

   (h)   Location of signs. Signs shall be located at a distance of not less than five feet (5') or more than six feet (6') above the floor. Where a sign is required to be displayed in a room, same shall be so located that it is visible at all times to the occupant or occupants of such room. Where a sign showing the total maximum occupancy for sleeping purposes of an entire apartment or suite of rooms is required to be displayed in such apartment or suite, such signs shall be located in a portion of such apartment or suite through which it is necessary for every occupant to pass after entering or before departure from such apartment or suite. Such sign shall be visible at all times to the occupants of such apartment or suite.

   (i)   Lighting. Sufficient lighting shall be provided so that the sign will be plainly legible at all times when the apartment or room is occupied.

   (j)   Maintenance. Signs shall be maintained in a clean and legible condition. Signs that are damaged shall be repaired or replaced immediately. Signs that are painted over shall be replaced or restored to the original condition. Signs that become loose shall be securely fastened.