Cal. Civ. Code § 264
Conversion of certain dwellings
Operative Text
* § 264. Conversion of certain dwellings. 1. Notwithstanding any inconsistent provision of this chapter or of any other law, it shall be lawful until July first, nineteen hundred forty-nine, for any owner to convert a non-fireproof dwelling which is not of frame construction, not more than a basement and two additional stories in height, and not occupied by more than two families, for occupancy by not more than three families, in accordance with the provisions of this section, providing such dwelling was existing on April eighth, nineteen hundred forty-six, or was erected thereafter under plans on file with the department on or before such date. 2. The provisions of article six of this chapter shall not apply to conversion of dwellings under this section, except in so far as compliance therewith is expressly required as provided in or pursuant to this section. 3. Conversion of such dwellings under this section must be made: a. In full compliance with the provisions of sections one hundred seventy-six, one hundred seventy-seven, and one hundred eighty-eight, of subdivision two of section one hundred eighty-nine, and of section two hundred; b. In full compliance with the provisions of section one hundred eighty-five, except that if a cellar ceiling is plastered and in good repair only the area of the ceiling over any boiler located in the cellar and for three feet beyond need be covered with fire-retarding material; c. In full compliance with the provisions of section one hundred eighty-seven unless such conversion was completed under authority of this section before July first, nineteen hundred forty-seven, and d. In compliance with such additional provisions of article six of this chapter, and no other, as may be specifically required by, and in accordance with, rules and regulations of the department where the conversion is proposed to be made. 4. A plan of alteration to effect conversion of any such dwelling under this section shall be filed with such department and, when approved by it, shall constitute a lawful plan for three family occupancy of such dwelling. * NB Expired July 1, 1949
N.Y. Mult. Dwell. Law § 264 established a now-expired window — closing July 1, 1949 — during which owners of certain older, non-fireproof, non-frame dwellings of limited height and occupancy could legally convert them from two-family to three-family use. The conversion was permitted only for buildings that existed or had filed plans by April 8, 1946, and had to meet specific fire-safety and structural requirements drawn from other sections of the Multiple Dwelling Law. Because the provision expired on July 1, 1949, it no longer authorizes any new conversions; it survives today primarily as a historical record of what was once permissible.
Plain English — not legal advice.
N.Y. Mult. Dwell. Law § 264 has been expired since July 1, 1949, meaning it no longer provides any active pathway for converting a two-family dwelling to three-family occupancy under its terms. Property owners or managers researching the legal history of a building that was converted during the 1946–1949 period may find this section relevant for understanding what compliance standards applied at the time of that conversion. Operators dealing with buildings whose three-family status traces back to this era generally maintain records of the approved alteration plan that would have been filed with the relevant department under subdivision 4 of this section.
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 § 264 is an expired provision, but it may be relevant to tenants living in older buildings whose three-family classification was established under its authority during the late 1940s. If questions arise about whether a building's conversion to three-family occupancy was ever lawfully completed, tenants can look to whether an approved alteration plan was filed with the appropriate department as required by subdivision 4 of this section. Tenants with concerns about the legal occupancy status of their building may find it useful to consult a tenant-rights organization or review records held by the local housing or buildings department.
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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