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§28-210.3 Illegal Conversions of Dwelling Units From Permanent Residences
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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.
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:
*Section 28-210.3.1 was added by Local Law 87 of 2017. This law has an effective date of May 30, 2017.
- The number of complaints received by the department alleging the conversion of dwelling units for other than permanent residence purposes;
- The number of inspections conducted by the city in response to suspected conversions of dwelling units for other than permanent residence purposes;
- The number of notices of violation issued for conversions of dwelling units for other than permanent residence purposes;
- The amount of civil penalties imposed for such violations and the amount of such penalties collected;
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For each inspection resulting in the issuance of a notice of violation:
- The name of the owner and the address of the building to which such notice of violation was issued; and
- The number and type of violations issued, disaggregated by whether such violations are upheld, pending or dismissed;
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For each inspection resulting in the issuance of a notice of violation pursuant to section 28-210.3:
- Whether each such notice of violation was classified as immediately hazardous pursuant to item 16 of section 28-201.2.1;
- 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
- 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.
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NYC General Admin. Provisions 2014 > 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
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Except as otherwise provided by section 42-03 of the zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance ...
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