2006 New York Code - Application To Cities, Towns And Villages.

 
    §  3. Application to cities, towns and villages. 1. This chapter shall
  apply to all cities with  a  population  of  three  hundred  twenty-five
  thousand or more.
    2.  The  legislative body of any other city, town or village may adopt
  the provisions of this chapter and make the same applicable to dwellings
  within the limits of such city, town or village  by  the  passage  of  a
  local  law  or ordinance adopting the same; and upon the passage of such
  local law or ordinance all of  the  provisions  of  articles  one,  two,
  three, four, five, ten and eleven and such sections or parts of sections
  of  the  other  articles  of this chapter as such local law or ordinance
  shall enumerate, shall apply to such city, town or village from the date
  stated in such law or ordinance.
    3. Except as herein otherwise specified, every multiple dwelling shall
  be constructed or maintained in conformity with other applicable laws.
    4. a. Any city, town or  village  may  make  local  laws,  ordinances,
  resolutions  or  regulations not less restrictive than those provided in
  this chapter and may provide for their enforcement by legal or equitable
  actions or proceedings,  and  prescribe  the  penalties,  sanctions  and
  remedies  for violations thereof.  In the enforcement and administration
  of this chapter in a city of three hundred twenty-five thousand or  more
  persons,  the penalties, sanctions and remedies enacted by local law may
  be applied, notwithstanding their inconsistency with  this  chapter,  or
  the provisions of this chapter.
    b.  In  a  city of three hundred twenty-five thousand or more persons,
  such local laws may authorize such actions or  proceedings  against  the
  owner, lessee of a whole multiple dwelling, agent or other person having
  control  of  such  dwelling,  and  any responsible party, or against the
  dwelling in rem. Such local laws may further authorize  (1)  that  civil
  penalties  may  be enforced against the person liable therefor, and that
  in addition to the methods of enforcement for judgments  established  in
  the  civil  practice  law  and  rules, a lien may be imposed against the
  premises and the rents therefrom; (2) that such civil penalties  may  be
  enforced  against  the  dwelling by the imposition of a lien against the
  rents therefrom.
    c. Such local laws may also  authorize  that  all  liens  upon  rents,
  whether  authorized  by  state  or  local  law, may be satisfied without
  further judicial proceedings by the collection of rents due or to become
  due.
    5. Whenever a provision of any local  law,  ordinance,  resolution  or
  regulation is more restrictive in a requirement for height, area or use,
  such  local  law,  ordinance,  resolution or regulation shall govern and
  take precedence over any lesser  requirements  of  this  chapter.  When,
  however,   the  provisions  of  this  chapter  impose  more  restrictive
  requirements, the provisions of this chapter shall govern.
    6. A local law, ordinance, resolution or regulation shall not prohibit
  in any  class  A  multiple  dwelling  erected  after  April  eighteenth,
  nineteen  hundred twenty-nine, in compliance with the provisions of this
  chapter,  the  use  of  wood  for  sleepers,  grounds,  nailing  blocks,
  underflooring or finish flooring or, within apartments, doors with their
  assemblies,  interior  trim and assemblies of exterior windows, interior
  finish, closet fixtures, kitchen fixtures, shelving, cupboards, cabinets
  or wardrobes.
    7. Except as provided in subdivisions four  and  five,  a  local  law,
  ordinance,  rule  or  regulation  shall  not modify or dispense with any
  provision of this chapter.
    8. Wherever the word "city"  occurs  in  this  chapter,  it  shall  be
  construed  as  though followed by the words "or town or village to which
  this  chapter  is  applicable."  The   words   "charter,"   "ordinance,"
  "resolution,"  "regulation,"  "building  code,"  "department of health,"
  "department of water supply," "fire department," "department,"  "board,"
  "city  engineer,"  "corporation  counsel,"  "city  treasury,"  or  "fire
  limits,"   shall   be   construed  as  if  followed  by  the  words  "or
  corresponding authority of any city,  town  or  village  to  which  this
  chapter  is applicable and in which the dwelling or location referred to
  is situated."
    9. Wherever in any statute of the state other than this chapter, or in
  any local law, ordinance, resolution or regulation, reference is made to
  the tenement house law in relation to a city to which  this  chapter  is
  applicable,  such  reference  shall  be  construed  as  applying  to the
  provisions of this chapter. If reference be made therein to any  section
  or  other  part  of  the  tenement  house  law,  such reference shall be
  construed as applying to the provisions of this chapter relating to  the
  same  subject  matter  as the said section or part. If reference be made
  therein to a "tenement house," such  reference  shall  be  construed  as
  applying to a class A multiple dwelling.
    10.  Wherever the date April eighteenth, nineteen hundred twenty-nine,
  shall appear in this chapter such date shall be construed as if followed
  by the words "or the date when this chapter or  any  of  its  provisions
  became  or  becomes  applicable to any city, town or village outside the
  City of New York."
    11. Notwithstanding any other provision of this section, the following
  enumerated articles, sections  and  subdivisions  of  sections  of  this
  chapter  shall  not  apply to the construction or alteration of multiple
  dwellings for  which  an  application  for  a  permit  is  made  to  the
  department  after  December sixth, nineteen hundred sixty-nine in a city
  having a population of one million or more which adopts or  has  adopted
  local  laws, ordinances, resolutions or regulations providing protection
  from fire hazards and making provision  for  escape  from  fire  in  the
  construction  and alteration of multiple dwellings and in other respects
  as protective as local law seventy-six of the laws of the  city  of  New
  York  for  nineteen  hundred  sixty-eight  and covering the same subject
  matter  as  the  following:  subdivisions   twenty-five,   twenty-seven,
  twenty-eight, thirty-five-c, thirty-six and thirty-nine of section four,
  subdivision   three   of   section  twenty-eight,  sections  thirty-six,
  thirty-seven,  fifty,  fifty-one,  fifty-two,  fifty-three,  fifty-five,
  sixty,  sixty-one,  sixty-seven, subdivisions one, two, four and five of
  section  seventy-five,  article  four,  article  five,  article  five-A,
  article  six  and  article  seven-B;  except  that after December sixth,
  nineteen hundred sixty-nine where a multiple dwelling erected  prior  to
  December  sixth,  nineteen  hundred sixty-nine is altered, or a building
  erected  prior  to  December  sixth,  nineteen  hundred  sixty-nine   is
  converted to a multiple dwelling pursuant to a permit applied for to the
  department  having  jurisdiction,  the  foregoing articles, sections and
  subdivisions of sections shall remain applicable where a  local  law  of
  such  city  authorizes  such alteration or conversion to be made, at the
  option of the owner, either in accordance with the requirements  of  the
  building  law  and  regulations in effect in such city prior to December
  sixth, nineteen hundred sixty-eight or the requirements of the  building
  law  and  regulations in effect after such date, and the owner elects to
  comply with the requirements of the  building  law  and  regulations  in
  effect prior to December sixth, nineteen hundred sixty-eight.