Cal. Civ. Code § 140
Application of article five
Operative Text
§ 140. Application of article five. The provisions of this article shall apply to non-fireproof multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, and to such dwellings only. They shall apply to all such non-fireproof dwellings unless their application is expressly limited to dwellings of a particular class. They shall apply in addition to, and not in substitution for, the provisions of article three. However the provisions of this article shall not apply to a multiple dwelling three stories or less in height to be occupied by not more than three families in all, with a maximum occupancy of two families on each floor in a two story building and one family on each floor in a three story building, provided however that all the provisions of article six are complied with, including section one hundred seventy-a of said article.
N.Y. Mult. Dwell. Law § 140 defines the scope of Article Five's building requirements: they apply exclusively to non-fireproof multiple dwellings built after April 18, 1929, and they layer on top of Article Three's rules rather than replacing them. The article covers all such non-fireproof dwellings unless a specific provision narrows its reach to a particular class of building. A notable carve-out exists for smaller structures—non-fireproof multiple dwellings of three stories or less housing no more than three families total (with specific per-floor occupancy limits) are exempt from Article Five, so long as all Article Six requirements, including Section 170-a, are fully met.
Plain English — not legal advice.
Operators of non-fireproof multiple dwellings constructed after April 18, 1929, generally ensure compliance with both Article Five and Article Three of the Multiple Dwelling Law, since N.Y. Mult. Dwell. Law § 140 makes these obligations cumulative. Owners of smaller buildings—three stories or fewer with no more than three families—who believe they qualify for the Article Five exemption typically verify that every requirement of Article Six, including Section 170-a, is satisfied before relying on that carve-out. Keeping clear records of a building's construction date, height, and occupancy configuration helps operators demonstrate which regulatory framework governs their property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Dwell. Law § 140 establishes which buildings must meet Article Five standards, and tenants living in non-fireproof multiple dwellings built after April 18, 1929, generally have the benefit of those protections in addition to Article Three rights. If a landlord claims a building falls under the small-building exemption, tenants can look to whether the Article Six conditions—including Section 170-a—are actually being met, since the exemption depends on full compliance with those provisions. Tenants who believe applicable standards are not being followed may consider raising the issue with a local housing or building code enforcement agency, consulting a tenant-rights organization, or exploring whether a violation can be raised as a defense in a housing proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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