301 - Certificate of compliance or occupancy.

§ 301. Certificate of compliance or occupancy. 1. No multiple dwelling  shall  be  occupied  in  whole  or  in  part  until  the  issuance  of a  certificate by  the  department  that  said  dwelling  conforms  in  all  respects  to  the requirements of this chapter, to the building code and  rules and to all other applicable law, except that no  such  certificate  shall be required in the case of:    a.  Any  class  B  multiple  dwelling  existing  on  April eighteenth,  nineteen hundred twenty-nine, for which a certificate of  occupancy  was  not  required  before  such  date and in which no changes or alterations  have been made except in compliance with this chapter, and    b. Any old-law tenement, or any  class  A  multiple  dwelling  erected  after  April  twelfth,  nineteen hundred one, which was occupied for two  years immediately before January first, nineteen hundred  nine,  and  in  which no changes or alterations have been made except in compliance with  the tenement house law or this chapter, or wherein:    (1)  two  or  more apartments are combined creating larger residential  units, and    (2) the total legal number of families within the  building  is  being  decreased, and    (3) the bulk of the buildings is not being increased    These  exceptions  shall  not  be deemed to relieve any owner from the  obligation to make every alteration required in any old-law tenement  or  other  multiple dwelling in compliance with the applicable provisions of  this chapter.    2. Except as above provided, no dwelling constructed as or altered  or  converted  into  a  multiple  dwelling  after April eighteenth, nineteen  hundred twenty-nine, shall be occupied in whole or  in  part  until  the  issuance of a certificate of compliance or occupancy.    3.  Such  certificate  shall  be  issued within ten days after written  application therefor if the dwelling  shall  be  entitled  thereto.  The  department  shall,  on  request  of the owner or of his certified agent,  issue a certificate of compliance or occupancy for any existing multiple  dwelling  not  requiring  such  certificate,  provided  that,  after  an  inspection  by  the  department,  no  violations  are found against such  dwelling.    4. The head of the department may, on the request of the owner or  his  certified   agent,  issue  a  temporary  certificate  of  compliance  or  occupancy for a multiple dwelling or a section or a part thereof  for  a  period of ninety days or less, provided that such certificate shall bear  the  endorsement  that the dwelling has been inspected by the department  and complies with all the requirements of this chapter,  and  that  such  temporary  occupancy  will not jeopardize life, health or property. Such  temporary certificate may be renewed at the discretion of  the  head  of  the  department  for similar periods but shall not extend, together with  such renewals, beyond a total period of two years from the date  of  its  original issuance.    5. A certificate, a record in the department, or a statement signed by  the  head  of  the department that a certificate has been issued, may be  relied upon by every person who  in  good  faith  purchases  a  multiple  dwelling  or  who  in  good  faith  lends  money  upon the security of a  mortgage covering such a dwelling. Whenever any  person  has  so  relied  upon  such  a certificate, no claim that such dwelling had not, prior to  the issuance of such certificate,  conformed  in  all  respects  to  the  provisions  of this chapter shall be made against such person or against  the interest of such person in a  multiple  dwelling  to  which  such  a  certificate  applies  or  concerning  which  such  a  statement has been  issued.6. Notwithstanding any  general  or  local  law  to  the  contrary,  a  certificate  issued  for any multiple dwelling organized pursuant to the  provisions of article nine-B of the real property law, shall  be  deemed  issued for each dwelling unit contained within such multiple dwelling in  full compliance with the requirements of this section.