Cal. Civ. Code § 10
Dwellings damaged
Operative Text
§ 10. Dwellings damaged. If an old or other existing multiple dwelling be damaged by fire or other cause to the extent of two-thirds or more of its value at the time of such damage exclusive of the value of the foundation, such dwelling shall not be repaired or rebuilt except in conformity with the provisions of this chapter relative to new multiple dwellings.
Under N.Y. Mult. Resid. Law § 10, when an existing multiple dwelling suffers damage—from fire or any other cause—that equals or exceeds two-thirds of the building's pre-damage value (not counting the foundation), the building loses its status as an existing structure for regulatory purposes. Any repair or rebuilding after that threshold is crossed must meet the same standards that apply to newly constructed multiple dwellings. The provision effectively treats severely damaged buildings as new construction projects from a code-compliance standpoint.
Plain English — not legal advice.
Property owners and managers should be aware that N.Y. Mult. Resid. Law § 10 sets a two-thirds-of-value damage threshold that triggers new-construction standards for any repair or rebuilding work. Compliant operators typically obtain a professional appraisal of the building's pre-damage value—excluding the foundation—early in the assessment process to determine whether that threshold has been met. When the threshold is crossed, plans for repair or reconstruction are generally prepared and submitted in conformity with the chapter's requirements for new multiple dwellings rather than the standards applicable to existing ones.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Resid. Law § 10 can affect tenants living in a multiple dwelling that has sustained severe damage, because it determines what code standards govern any rebuilding of their home. If a building is reconstructed after major damage without meeting the new-dwelling standards required by this provision, that non-compliance may be relevant to habitability or code-violation proceedings. Tenants who have concerns about whether a rebuilt or repaired building meets applicable standards may consider contacting a local tenant-rights organization, raising the issue with the relevant municipal housing or building department, or exploring whether the violation can be raised in a housing court 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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