N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2077
Conversions to rooming units prohibited (New York City Housing Maintenance Code)
Operative Text
a. No rooming unit which was not classified and recorded as such in the department prior to May fifteenth, nineteen hundred fifty-four or converted to such use prior to April thirtieth, nineteen hundred fifty-six, shall be created in any dwelling, whether such conversion is effected with or without physical alterations, except for rooming units: (1) Owned or controlled and operated by a hospital for occupancy by nurses and interns on its staff; or (2) Owned and operated without profit by an educational, religious or charitable institution as a residence for the aged, or for working girls or women, or for working boys or men, or for delinquent, dependent or neglected children, or for students attending a school or college; or, (3) approved by the commissioner of the department and created with the substantial assistance of loans, grants or subsidies from any federal, state or local agency or instrumentality; or (4) approved by the commissioner of the department and owned, operated or used by any federal, state or local agency or instrumentality or by a non-profit organization. b. When the ownership, operation or use by an institution or public agency for any of the purposes enumerated in subdivision a ceases, the certificate of occupancy shall expire.
N.Y.C. Admin. Code §§ 27-2001 and 27-2077 establish a general prohibition on creating new rooming units in any dwelling unless the unit was already classified and recorded as such before May 15, 1954, or converted before April 30, 1956. A narrow set of exceptions exists for certain institutional uses—such as hospital-affiliated housing for nurses and interns, nonprofit educational or charitable residences, and publicly assisted or agency-approved housing. When an exempt institution or public agency stops using a property for the qualifying purpose, the certificate of occupancy tied to that use automatically expires under subdivision b.
Plain English — not legal advice.
Property owners and managers subject to N.Y.C. Admin. Code §§ 27-2001 and 27-2077 generally ensure that no dwelling unit is reconfigured into a rooming unit unless it was already lawfully classified as such before the 1954 and 1956 cutoff dates, or falls within one of the statute's enumerated institutional exceptions. Operators of properties that qualify under an exception—such as nonprofit or publicly assisted housing—typically maintain documentation of the qualifying status and any required commissioner approval. When an institutional or agency use that supported an exception ends, compliant operators treat the associated certificate of occupancy as expired and do not continue to operate the space as a rooming unit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2077, tenants living in a space that has been converted into a rooming unit without lawful authorization may have grounds to raise the illegal conversion as a relevant issue in housing proceedings. The New York City Department of Housing Preservation and Development is the agency generally associated with enforcement of the Housing Maintenance Code provisions in this section, and tenants may consider filing a complaint there if they believe their unit was unlawfully created. Tenant-rights organizations in New York City can help individuals understand how this provision may apply to their housing situation and what general enforcement paths are available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.