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// CODE SNIPPET

Article 210 Illegal Conversions

NYC General Admin. Provisions 2014 > 2 Enforcement > 210 Illegal Conversions
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§28-210.1 Illegal Residential Conversions

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It shall be unlawful, except in accordance with all requirements of this code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition of punishment for such violation as set forth in this code the department or if applicable the environmental control board shall forward to the internal revenue service, the New York state department of taxation and finance and the New York city department of finance the name and address of the respondent or defendant, the address of the building or structure with respect to which the violation occurred and the time period during which the violation was found to have existed.

*§28-210.1.1 Inspection; Failure to Gain Access to Premises

Upon receiving a complaint of a condition relating to a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a violation of section 28-210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as evidenced by official records, the commissioner shall attempt to enter and inspect such building or part thereof. After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the corporation counsel to make an application in any court of competent jurisdiction for an ex parte administrative warrant directing the entry and inspection of such premises or location and to issue violations found upon access to such premises or locations. In preparing such requests, priority may be given by the commissioner to requests based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its terms.

*Section 28-210.1.1 was added by Local Law 94 of 2017. This law has an effective date of September 27, 2017.

§28-210.2 Illegal Industrial or Manufacturing Conversions

Except as otherwise provided by section 42-03 of the zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with all requirements of this code, to convert to residential use any space legally authorized for occupancy for industrial or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition of punishment for such violation as set forth in this code the department, or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state department of taxation and finance and the New York city department of finance the name and address of the respondent or defendant, the address of the building or structure with respect to which the violation occurred and the time period during which the violation was found to have existed.

§28-210.3 Illegal Conversions of Dwelling Units From Permanent Residences

Except as otherwise provided in subdivision 16 of section 67 of the multiple dwelling law and section 120 of the multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27-2004 of the administrative code, (ii) occupancy group J-2 as described in section 27-265 of the administrative code or (iii) occupancy group R-2 as described in section 310.1.2 of the New York city building code shall be used only for permanent residence purposes as required pursuant to subparagraph a of paragraph eight of subdivision a of section 27-2004 of the administrative code. It shall be unlawful for any person or entity who owns or occupies a multiple dwelling or dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. For the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether any physical changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful accessory uses permitted pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with applicable law.

*§28-210.3.1 Reporting on Illegal Conversions of Dwelling Units From Permanent Residences

By no later than September 1 of each year, the department shall, with the cooperation of the mayor's office of special enforcement and all other relevant city agencies, submit a report to the council including, but not limited to, the following information for the previous year, disaggregated by council district:

  1. The number of complaints received by the department alleging the conversion of dwelling units for other than permanent residence purposes;
  2. The number of inspections conducted by the city in response to suspected conversions of dwelling units for other than permanent residence purposes;
  3. The number of notices of violation issued for conversions of dwelling units for other than permanent residence purposes;
  4. The amount of civil penalties imposed for such violations and the amount of such penalties collected;
  5. For each inspection resulting in the issuance of a notice of violation:
    1. The name of the owner and the address of the building to which such notice of violation was issued; and
    2. The number and type of violations issued, disaggregated by whether such violations are upheld, pending or dismissed;
  6. For each inspection resulting in the issuance of a notice of violation pursuant to section 28-210.3:
    1. Whether each such notice of violation was classified as immediately hazardous pursuant to item 16 of section 28-201.2.1;
    2. For each such immediately hazardous violation, whether the notice of violation was for the illegal conversion of more than one dwelling unit or for a second or subsequent offense; and
    3. The number of notices of violation issued pursuant to section 28-210.3 to the building in the five years preceding the submission date of the report.


*Section 28-210.3.1 was added by Local Law 87 of 2017. This law has an effective date of May 30, 2017.

Related Code Sections


Article 210 Enforcement, Illegal Conversions
as a violation of section 28-210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling units than ...
NYC General Admin. Provisions 2014 > 2 Enforcement > 210 Illegal Conversions
Article 210 Enforcement, Illegal Conversions
authorized number of families or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation ...
NYC General Admin. Provisions 2008 > 2 Enforcement > 210 Illegal Conversions
*§28-210.3 Enforcement, Illegal Conversions of Dwelling Units From Permanent Residences
permanent residence purposes. For the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether any physical ...
NYC General Admin. Provisions 2008 > 2 Enforcement > 210 Illegal Conversions > *§28-210.3 Illegal Conversions of Dwelling Units From Permanent Residences
§28-210.3 Enforcement, Illegal Conversions of Dwelling Units From Permanent Residences
permanent residence purposes. For the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether any physical ...
NYC General Admin. Provisions 2014 > 2 Enforcement > 210 Illegal Conversions > §28-210.3 Illegal Conversions of Dwelling Units From Permanent Residences
*§28-210.3.1 Enforcement, Reporting on Illegal Conversions of Dwelling Units From Permanent Residences
; For each such immediately hazardous violation, whether the notice of violation was for the illegal conversion of more than one dwelling unit ...
NYC General Admin. Provisions 2014 > 2 Enforcement > 210 Illegal Conversions > §28-210.3 Illegal Conversions of Dwelling Units From Permanent Residences > *§28-210.3.1 Reporting on Illegal Conversions of Dwelling Units From Permanent Residences
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