Cal. Civ. Code § 309-A
Multiple dwelling; apartment prohibitions for certain employees
Operative Text
§ 309-a. Multiple dwelling; apartment prohibitions for certain employees. 1. No janitor, superintendent, manager, custodian, or the like, of a multiple dwelling shall be permitted to reside in an apartment unit in the multiple dwelling in which he is employed if the rental of such apartment unit to a tenant is prohibited by any general, special, or local law. 2. An owner, agent or operator of a multiple dwelling may apply to the department for a waiver of the provisions of this section on the ground that there is a bona fide unavailability of a suitable apartment unit for occupation by any of the above mentioned employees. Upon a determination that such unavailability does exist, the department may grant an exemption from the application of the provisions of subdivision one of this section upon such terms and conditions as it shall deem appropriate. 3. For the purposes of this section, the term "multiple dwelling" shall mean a building in which there is either rented, leased, let or hired out to be occupied, or is occupied as the residence or home of three of more families living independently of each other.
N.Y. Mult. Dwell. Law § 309-A establishes that building employees such as janitors, superintendents, managers, and custodians cannot be housed in an apartment unit within the multiple dwelling where they work if renting that unit to a tenant would otherwise be prohibited by law. The provision applies to any building occupied by three or more independent families. A waiver process exists, however, allowing building owners or operators to seek an exemption from the relevant agency if no suitable unit is genuinely available for the employee.
Plain English — not legal advice.
Under N.Y. Mult. Dwell. Law § 309-A, compliant operators generally review whether any apartment unit they intend to assign to on-site staff is subject to a rental prohibition before making that assignment. When no legally permissible unit is available for a required employee, owners and agents have the option of applying to the relevant department for a waiver by demonstrating a bona fide unavailability of a suitable unit. Operators who pursue a waiver under § 309-A typically document the unavailability and comply with whatever terms and conditions the department attaches to any granted exemption.
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 § 309-A is relevant to tenants because it limits the circumstances under which a building employee may occupy a unit that would otherwise be off-limits for tenant rental, which can affect the overall availability of units in a multiple dwelling. If a tenant believes a building owner is improperly housing staff in a unit in violation of this section, that concern can generally be raised with the relevant city or state housing department or a local tenant-rights organization. Tenants may also find it useful to consult a tenant-rights group to understand how § 309-A interacts with other local rent regulations that may apply to their building.
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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