Cal. Civ. Code § 262
Alteration of uncompleted buildings
Operative Text
§ 262. Alteration of uncompleted buildings. The provisions of this chapter relating to multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, shall not apply to any fireproof building structurally enclosed but uncompleted on April first, nineteen hundred forty-five, conforming to the provisions of the local zoning law or resolution applicable to an apartment hotel, in effect at the time of the approval of the original plans filed for the construction of such building, and which building shall thereafter be altered and completed as a class A multiple dwelling, in accordance with plans and amendments thereto approved by the department. Such building, if so altered and completed on or before July first, nineteen hundred forty-eight, may be lawfully occupied thereafter as a class A multiple dwelling if it conforms with the provisions of section twenty-five applicable to fireproof class A multiple dwellings occupied as such before April eighteenth, nineteen hundred twenty-nine.
N.Y. Mult. Dwell. Law § 262 establishes a narrow historical exemption for a specific category of building: a fireproof structure that was structurally enclosed but unfinished as of April 1, 1945, and that had been designed under zoning rules applicable to apartment hotels. Such a building is carved out from the post-1929 multiple dwelling standards that would otherwise apply, provided it was subsequently altered and completed as a Class A multiple dwelling with department-approved plans. If the conversion was finished by July 1, 1948, the building could lawfully operate as a Class A multiple dwelling under the older pre-1929 fireproof standards set out in section 25 of the same law.
Plain English — not legal advice.
Operators of properties that may fall within the historical window described in N.Y. Mult. Dwell. Law § 262 generally confirm whether their building met all the qualifying conditions — structural enclosure status as of April 1, 1945, original zoning conformance as an apartment hotel, and department-approved alteration plans — before relying on the exemption from post-1929 standards. Compliant operators maintain documentation showing the building was altered and completed as a Class A multiple dwelling on or before July 1, 1948, and that it continues to satisfy the fireproof Class A standards referenced in section 25. Because this provision involves layered historical facts and code cross-references, property managers typically work with code compliance professionals when assessing whether § 262 applies to a given building.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in older buildings that may have been converted under N.Y. Mult. Dwell. Law § 262 have an interest in understanding which set of safety and habitability standards governs their building, since the provision determines whether pre-1929 or post-1929 multiple dwelling rules apply. If there are questions about whether a building legitimately qualifies for this exemption or meets the applicable Class A fireproof standards under section 25, tenants can raise those concerns with the local housing or buildings department. Tenant-rights organizations can also help residents understand how § 262 interacts with broader habitability protections and what avenues exist for raising a violation.
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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