New York Laws
Title 2 - Fire Protection and Safety
67 - Hotels and Certain Other Class a and Class B Dwellings.

(1) such dwelling units were used for other than permanent residence
purposes on January first, two thousand nine and on the effective date
of this subdivision and fifty-one percent or more of the total number of
dwelling units in such dwelling were used for other than permanent
residence purposes on such dates;
(2) such dwelling was occupied as a hotel for other than permanent
residence purposes on December fifteenth, nineteen hundred sixty-one;
(3) such dwelling is of fireproof construction and was of fireproof
construction on January first, two thousand nine;
(4) such dwelling units used for other than permanent residence
purposes have at least two lawful means of egress, including exit
stairs, fire towers or exterior stairs but excluding fire escapes and
had such lawful means of egress on January first, two thousand nine;
(5) such dwelling has operational exit signs and a fire alarm system
complying with the provisions for existing transient occupancies in
accordance with local law and had such exit signs and fire alarm system
on January first, two thousand nine; and
(6) such dwelling units used for other than permanent residence
purposes are registered with the department within one hundred eighty

days after the effective date of this subdivision in a form and manner
to be provided by such department, including a requirement that the
applicant submit certification of compliance with subparagraphs three,
four and five of this paragraph, signed and sealed by a registered
architect or licensed professional engineer in good standing under the
education law. The department may assess fees to cover all costs
associated with such registration. The department may refuse to register
dwelling units or may revoke such registration if it determines such
dwelling units or dwelling do not comply with the conditions for
registration set forth in subparagraphs one through five of this
paragraph.
b. The owner shall obtain a certificate of occupancy for the use of
registered dwelling units for other than permanent residence purposes
within two years after the effective date of this subdivision. Upon
application prior to the expiration of such two year period, the
department may, for good cause, extend such time for up to one
additional year but no such extension shall be granted unless the
department finds that:
(1) the owner has obtained the necessary permit or permits for all
work necessary to bring such dwelling into compliance with the
requirements of this chapter and all local housing, building and fire
codes for the use of dwelling units for other than permanent residence
purposes;
(2) all construction authorized by such permit or permits has been
substantially completed; and
(3) there are no considerations of public safety, health and welfare
that have become apparent since the issuance of the above described
permit or permits that indicate an overriding benefit to the public in
enforcing the requirement that the applicant obtain a certificate of
occupancy for the use of registered dwelling units for other than
permanent residence purposes within two years after the effective date
of this subdivision.
c. Upon application prior to the expiration of the time for obtaining
a certificate of occupancy, as extended by the department pursuant to
paragraph b of this subdivision, the board of standards and appeals may
grant a further extension of time to obtain a certificate of occupancy
in a case where there are circumstances beyond the applicant's control
or hardship in the way of obtaining such certificate within the time
allowed by the department but no more than one such extension of fifteen
months shall be granted for a building and no such extension shall be
granted unless the board finds that there are no outstanding building or
fire code violations of record at the property.
d. The department shall issue such certificate of occupancy upon proof
that said dwelling conforms in all respects to the requirements of this
chapter and all local housing, building and fire codes for the use of
dwelling units for other than permanent residence purposes. If no such
certificate of occupancy is issued within two years after the effective
date of this subdivision or, if applicable, within the time as extended
by the department or as further extended by the board of standards and
appeals, all use of dwelling units for other than permanent residence
purposes shall thereafter cease.
e. If after a certificate of occupancy is issued pursuant to paragraph
d of this subdivision, the use of such dwelling units for other than
permanent residence purposes is discontinued, nothing in this
subdivision shall be construed to limit the application of the local
zoning resolution with respect to such discontinuance.