Cal. Civ. Code § 61
Business uses
Operative Text
§ 61. Business uses. 1. Except as may be otherwise provided by any local law, ordinance, rule or regulation, business may be conducted in any multiple dwelling including: a. Baking and fat-boiling as provided in section fifty-nine, b. Storage of passenger motor vehicles as provided in section sixty, and c. Any manufacturing business in which seven or more persons are employed, or any employment agency as defined in section one hundred seventy-one of the general business law other than a non-profit employment agency in a fireproof class B multiple dwelling owned and occupied by a non-profit corporation organized for and engaged exclusively in promoting religious, education or philanthropic purposes, provided that every means of egress from such a business space shall be separate and distinct from and without means of communication with any means of egress from the dwelling portion of the building. 2. The number of means of egress from the portion of any multiple dwelling where business is conducted shall be in conformity with those provisions of the local laws, ordinances, rules and regulations covering means of egress from buildings in which a like business is conducted. 3. There shall be no manufacturing business conducted above the second floor of any non-fireproof multiple dwelling. 4. Where business is conducted in any multiple dwelling erected before April eighteenth, nineteen hundred twenty-nine, such business space shall also comply with all the following requirements in a manner which the department shall deem adequate to prevent the spread of fire: a. Within or appurtenant to such space, all pipe chases and openings around flues shall be fire-stopped, and such flues shall be kept in good order and repair. b. All other openings from such space into non-fireproof shafts or into entrance halls shall either be sealed with fire-retarded material or equipped with a self-closing fire-retarded door or window with fire-retarded assemblies. 5. Where business is conducted in any non-fireproof multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, the walls and ceiling of such business space shall be fire-retarded. The department may also require the walls and ceilings of any business space in any multiple dwelling erected before such date to be fire-retarded when the department shall deem such requirement necessary for the protection of the occupants. 6. If the ground story of any non-fireproof multiple dwelling is extended for business purposes, the underside of the roof of such extension shall be fire-retarded. If there are fire-escapes above such extension, its roof shall be fireproof.
New York Multiple Dwelling Law § 61 sets out the conditions under which business activity may be carried on inside a multiple dwelling. Certain uses—such as vehicle storage, baking, fat-boiling, larger manufacturing operations, and employment agencies—are expressly permitted, subject to specific structural and fire-safety requirements. The rule also imposes limits tied to a building's construction type and age, including restrictions on where manufacturing may occur, requirements for fire-stopping and fire-retarding materials, and mandates that egress from any business space be kept separate from the residential portions of the building.
Plain English — not legal advice.
Operators of multiple dwellings that include or contemplate business space should be familiar with the conditions set out in N.Y. Mult. Dwell. Law § 61 before permitting or continuing any commercial use. Compliant operators generally ensure that egress from business areas is entirely separate from residential egress, that fire-stopping and fire-retarding measures meet departmental standards, and that manufacturing activity is not conducted above the second floor of any non-fireproof building. Buildings constructed before April 18, 1929 carry additional obligations around pipe chases, flue openings, and shaft enclosures, while post-1929 non-fireproof buildings must have fire-retarded walls and ceilings in any business space.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of multiple dwellings where business is conducted have an interest in knowing that § 61 of the New York Multiple Dwelling Law requires business spaces to meet fire-safety and egress standards designed to protect the building's occupants. If a tenant believes that business activity in their building is being conducted in a way that violates these requirements—such as shared egress between commercial and residential areas or missing fire-retarding materials—they may raise that concern with the local housing or buildings department, which has enforcement authority under this provision. Tenant-rights organizations can help residents understand how § 61 applies to their building's construction type and age, and what complaint or defense options may be 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 September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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