N.Y. Multiple Dwelling Law Section 300


It shall be unlawful to commence the construction or alteration of a multiple dwelling or any part or section thereof, or of any building or structure on the same lot with such a dwelling, or the alteration or conversion of a building for use as a multiple dwelling, or the moving of a dwelling from one lot to another, until the issuance of a permit by the department upon compliance with all of the following requirements:


The owner, or a registered architect or licensed professional engineer designated by the owner as his agent, shall file with the department, upon a form furnished by it, a detailed statement of the specifications for the construction, alteration, conversion or moving of such dwelling or structure and for its use and occupancy, together with as many complete copies of the plans of such work as may be required by the department.


Such statement shall give the name and residence, by street and number, of the owner of such dwelling or structure. If such construction, alteration, conversion or moving is proposed to be done by any other person than the owner of the land in fee, such statement shall also contain the name and residence, by street and number, of every person interested in such land and dwelling, either as owner, as lessee or in any representative capacity.


Such statement shall be verified by an affidavit of the person making it. Said affidavit shall allege that said specifications and plans are true and contain a correct description of such dwelling or structure, of the class and kind thereof, of its occupancy of the lot and of the proposed work. No architect or engineer shall be recognized as the agent of the owner unless he shall file with the department a written instrument, signed by the owner, designating him as such agent. Any false allegation in respect to a material point shall be deemed perjury.


Such specifications, plans and statements shall be filed in the department, which shall cause them to be examined. If such plans and specifications conform to the provisions of this chapter, to the building code and regulations, and to all other applicable law, they shall be approved by the department, and a written certificate to that effect shall be issued to the person entitled thereto.


The construction, alteration, conversion or moving of such dwelling or structure or any section or part thereof shall be in accordance with such approved specifications, plans and statements. The department may approve changes in any plans, specifications and statements previously approved by it, provided that when so changed they are in conformity with law and with the provision of subdivision four.


Nothing contained in this section shall prevent the department from issuing a permit for the erection of the foundation or cellar walls of a dwelling, provided plans have been filed and approved in the department for the erection of such walls, but no construction above the first tier of beams shall be authorized under such permit.


Any permit or approval which may be issued by the department, but under which no work has been done above the foundation or cellar walls within two years from the time of the issuance of such permit or approval, shall expire. The department may reissue any permit or renew any approval that has so expired, but shall require, except as otherwise provided in subdivision one of section twenty-six, that the plans be made to conform with any amendments to any laws applicable thereto that may have been enacted after the approval of the original application.


Any permit or approval issued for plans filed prior to December fifteenth, nineteen hundred sixty-one, where such plans do not comply with the provisions of paragraph d of subdivision one of section twenty-six, shall expire on December fifteenth, nineteen hundred sixty-seven.


No room in a cellar or basement shall be occupied for living purposes unless the department shall issue a written permit for such occupancy after all the applicable provisions of law have been complied with. If such permit is refused or revoked, the reason for such action shall be stated by the department in writing and a copy of such statement shall be recorded by the department and be accessible to the public. In a tenement such permit shall be kept readily accessible in the main living room of the apartment containing such cellar or basement room.


The department shall have power to revoke or cancel any permit or approval in case of any failure to comply with any of the provisions of this chapter, or in case any false allegation or representation is made in any specifications, plans or statements submitted or filed for such permit or approval.


All specifications, plans, permits and statements filed in the department shall be public records and shall not be removed from the department.

Source: Section 300 — Permits, https://www.­nysenate.­gov/legislation/laws/MDW/300 (updated Sep. 22, 2014; accessed Dec. 9, 2023).

Dec. 9, 2023

Last modified:
Sep. 22, 2014

§ 300’s source at nysenate​.gov

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