Simone Lawson
New York's Multiple Dwelling Law defines a multiple dwelling as any tenement, flat house, apartment house, or other similar residence that is occupied by multiple families or individuals. This classification encompasses various types of housing, including Class A and Class B dwellings. Class A multiple dwellings are intended for permanent residence, while Class B multiple dwellings are transient accommodations, such as hotels, boarding houses, and dormitories. The legal occupancy classification of a building is determined by the NYC Department of Buildings (DOB), and short-term rentals are generally restricted to Class B dwellings. The Multiple Dwelling Law outlines specific provisions for different types of dwellings, including fireproof and non-fireproof structures, converted dwellings, and garden-type maisonette dwelling projects.
| Characteristics | Values |
|---|---|
| Date | On and after the first of July 1955 |
| Definition | A "multiple dwelling" shall include residential quarters for members or personnel of any hospital staff which are not located in any building used primarily for hospital use. |
| Exclusions | A “multiple dwelling” shall not include a hospital, convent, monastery, asylum or public institution, or a fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. |
| Class A | Tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects, and all other multiple dwellings except class B multiple dwellings. |
| Class A Conditions | Only to be used for permanent residence purposes. Permanent residence purposes consist of occupancy by the same person or family for 30 consecutive days or more. |
| Class B | Hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, and college and school dormitories. |
| Converted Dwelling | Erected before April 18, 1929, to be occupied by one or two families living independently of each other and subsequently occupied as a multiple dwelling. |
| A dwelling of three stories or less in height, erected after April 18, 1929, to be occupied by one or two families living independently and subsequently occupied by not more than three families in all, with a maximum of two families per floor in a two-story building and one family per floor in a three-story building. | |
| Living Room | Every room used for sleeping purposes is deemed a living room. |
| Dining Bays, Dinettes, Foyers, Water-Closet Compartments, Bathrooms, Cooking Spaces, Halls, Corridors, and Passageways | These areas within an apartment are not deemed living rooms. |
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What You'll Learn
Class A and Class B multiple dwellings
In the state of New York, a "multiple dwelling" is defined as any residential building that houses multiple families or individuals. This definition includes tenements, flat houses, apartment houses, and other similar structures. Notably, buildings like hospitals, convents, monasteries, asylums, and public institutions are excluded from this classification.
Now, when it comes to Class A and Class B multiple dwellings, there are distinct characteristics that differentiate the two:
Class A Multiple Dwellings:
Class A multiple dwellings are defined as those occupied for permanent residence purposes. This means that the same individual or family occupies a dwelling unit for 30 or more consecutive days. Tenements, flat houses, maisonette apartments, apartment houses, bachelor apartments, and studio apartments are all examples of Class A multiple dwellings. These dwellings are intended for long-term residency and are subject to specific regulations and requirements.
Class B Multiple Dwellings:
On the other hand, Class B multiple dwellings are typically occupied transiently or temporarily by individuals or families. This class includes hotels, lodging houses, rooming houses, boarding schools, furnished room houses, and college dormitories. Short-term rentals in entire units are permitted in Class B multiple dwellings, and these properties are approved by the City of New York for such purposes. It's important to note that the legal occupancy of a building is determined by the NYC Department of Buildings (DOB), and inclusion on the Class B Multiple Dwelling list does not alter the legal occupancy classification.
Converted Dwellings:
Additionally, there is a separate classification for "converted dwellings." These are dwellings that were originally built for one or two families but are now occupied by multiple families. If a converted dwelling is occupied as a Class A multiple dwelling, it is classified as a Class A converted dwelling. Otherwise, it falls under the Class B category.
In summary, the key distinction between Class A and Class B multiple dwellings lies in the intended duration of occupancy. Class A dwellings are for permanent residents, while Class B dwellings cater to transient or temporary occupants. The specific regulations and requirements associated with each class may vary, and it is essential to refer to the local laws and guidelines for detailed information.
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Converted dwellings
In the state of New York, a "converted dwelling" is a type of "multiple dwelling". A "multiple dwelling" is a broad term that includes tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects, and other multiple dwellings (except class B multiple dwellings).
A "converted dwelling" is a dwelling that meets one of the following criteria:
- Erected before April 18, 1929, to be occupied by one or two families living independently of each other and subsequently occupied as a multiple dwelling.
- A dwelling three stories or less in height erected after April 18, 1929, to be occupied by one or two families living independently of each other and subsequently occupied by not more than three families in total, with a maximum occupancy of two families on each floor in a two-story building and one family on each floor in a three-story building, in compliance with the provisions of article six of this chapter.
A converted dwelling occupied as a class A multiple dwelling is classified as a class A converted dwelling, while every other converted dwelling is classified as a class B converted dwelling. Class A multiple dwellings are used for permanent residence purposes, defined as the occupancy of a dwelling unit by the same person or family for 30 consecutive days or more. On the other hand, Class B multiple dwellings are occupied transiently and include hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, clubhouses, and college and school dormitories.
It is important to note that the legal occupancy of a building in New York City is determined by the NYC Department of Buildings (DOB). The Office of Special Enforcement (OSE) maintains a list of Class B multiple dwellings, but this list does not alter the legal occupancy classification determined by the DOB.
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Tenements
In New York, a "tenement" is defined as any building or structure, or any portion thereof, erected before April 18, 1929, to be occupied by one or two families living independently of each other and subsequently occupied as a multiple dwelling.
Tenement housing in New York City, particularly on the Lower East Side, has a long history dating back to the mid-to-late 1800s when a boom in the city's population led to the rise of this type of low-rise, multi-family housing. These buildings were typically narrow, with apartments consisting of just three rooms. Due to low rents, tenement housing became the common choice for new immigrants arriving in New York City, including German, Irish, Jewish, Italian, Puerto Rican, Chinese, and Greek immigrants.
The conditions in these early tenements were often cramped, dark, and unsanitary, with substandard or broken plumbing. They were described as "firetraps" and were breeding grounds for diseases such as cholera, malaria, and tuberculosis. The Tenement House Act of 1867 brought about the first "Old Law" buildings, which required fire escapes, although these were often shoddily built. Subsequent "Old Law" buildings constructed between 1879 and 1901 included slender air shafts for ventilation.
Despite these new laws, the Tenement House Department's reports from 1902 to 1903 described the conditions in some tenements as "indescribable in print," with issues such as vile privies, rubbish-filled cellars, garbage, and dilapidated and dangerous stairs. However, the department also noted that some improvements had been made, with previously "dark" and "unventilated" rooms now well-lit and ventilated.
The Tenement Museum on the Lower East Side preserves and celebrates the history of immigration and the experiences of immigrant and migrant families who lived in tenement housing. Visitors can explore the changing landscape of the neighborhood, learn about the garment industry that employed many immigrants, and take walking tours of the area.
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Hospitals and public institutions
In the state of New York, a "multiple dwelling" is defined as a residence or home that is rented, leased, let or hired out, to be occupied, or is occupied by three or more families living independently of each other. This definition has been in place since July 1st, 1955.
However, a "multiple dwelling" does not include a hospital, convent, monastery, asylum, or public institution. An exception to this rule is that a "multiple dwelling" can include residential quarters for members or personnel of any hospital staff, as long as they are not located in a building used primarily for hospital use. This exception only applies to buildings erected, altered, or converted before July 1st, 1955, and they must comply with local laws.
In the context of housing and real estate, a "dwelling" is defined as any building or structure, or portion thereof, that is occupied in whole or in part as the home, residence, or sleeping place of one or more human beings. A "family" is defined as either a person occupying a dwelling and maintaining a household, with no more than four boarders, roomers, or lodgers, or two or more persons occupying a dwelling, living together, and maintaining a common household, again with no more than four boarders, roomers, or lodgers.
A "private dwelling" is a building or structure designed and occupied exclusively for residence purposes by no more than two families. A "single-family private dwelling" is a building designed for and occupied exclusively by one family, while a "two-family private dwelling" is designed for and occupied exclusively by two families.
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Legal occupancy classification
In New York City, the legal occupancy of a building is determined by the NYC Department of Buildings (DOB). A "multiple dwelling" is a classification that includes tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects, and all other multiple dwellings except class B multiple dwellings.
A "class A multiple dwelling" is used for permanent residence purposes, defined as occupancy by the same person or family for 30 or more consecutive days. This class includes tenements, flat houses, maisonette apartments, apartment houses, and other dwelling types. A "converted dwelling" is a sub-category of class A multiple dwellings, which can be a building erected before April 18, 1929, for one or two families and subsequently occupied by multiple families, or a building three stories or less erected after that date for one or two families and later occupied by up to three families, with a maximum of two families per floor in a two-story building and one family per floor in a three-story building.
On the other hand, a "class B multiple dwelling" is typically used transiently and includes hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, clubhouses, and college and school dormitories. Short-term rentals in entire units are only permitted in this class of dwellings.
Additionally, there are specific provisions for "living rooms" and dining areas in multiple dwellings. A "living room" is defined as any room used for sleeping, excluding public areas. Dining bays, foyers, water-closet compartments, bathrooms, and small cooking spaces are not considered living rooms.
Lastly, certain buildings are explicitly excluded from the definition of "multiple dwellings." These include hospitals, convents, monasteries, asylums, public institutions, and fireproof buildings used for commercial purposes, with an exception for a limited number of residential units for staff or janitors.
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Frequently asked questions
A multiple dwelling is a building that houses multiple independent living units. This includes tenements, apartment houses, maisonette apartments, and duplex apartments.
A Class A multiple dwelling is a type of multiple dwelling that is used for permanent residence purposes. For a dwelling to be considered permanent, the same person or family must occupy it for 30 or more consecutive days.
A Class B multiple dwelling is a type of multiple dwelling that is typically occupied transiently or temporarily by individuals or families. This class includes hotels, boarding houses, rooming houses, and dormitories.
