Cal. Civ. Code § 12
Uncompleted dwellings
Operative Text
§ 12. Uncompleted dwellings. 1. The provisions of this chapter relating to new multiple dwellings shall not apply to any multiple dwelling for which plans were on file with the department or a permit to commence building was issued by the department before July first, nineteen hundred fifty-two, or to any dwelling the plans for conversion of which to multiple dwelling occupancy, were on file with the department or a permit authorizing the commencement of the work of such conversion was issued by the department before such date, provided, however, a certificate of occupancy as required by the provisions of section three hundred two shall be obtained therefor prior to July first, nineteen hundred fifty-seven. 2. No provisions of any part of this section shall be deemed to prohibit the amendment of any plans filed and approved before July first, nineteen hundred fifty-two, if such amendment would have been lawful before such date, or if such amendment complies with the requirements of this chapter for alterations to buildings of like kind existing before such date.
N.Y. Mult. Resid. Law § 12 establishes a historical carve-out for certain older multiple dwellings: buildings whose plans were filed or whose construction or conversion permits were issued before July 1, 1952 are not subject to the chapter's requirements for new multiple dwellings, so long as a certificate of occupancy was secured before July 1, 1957. The provision also clarifies that plans filed and approved before the 1952 cutoff date could still be amended, provided the amendment either would have been permissible under the law as it stood before that date or conforms to the chapter's alteration standards for comparable pre-existing buildings. In effect, the rule draws a firm historical boundary between structures treated as 'new' under the Multiple Residence Law and those grandfathered under an older regulatory regime.
Plain English — not legal advice.
Operators of buildings that may fall within the historical window described in N.Y. Mult. Resid. Law § 12 generally maintain documentation showing that plans were on file or a permit was issued before July 1, 1952, and that a certificate of occupancy was obtained before July 1, 1957. Compliant operators also keep records of any plan amendments made after the 1952 cutoff to demonstrate that those amendments satisfied either the pre-1952 standard or the chapter's alteration requirements for comparable existing buildings. Because this provision turns on specific historical dates and permit records, property managers typically verify the relevant filing and permit history through the appropriate municipal department.
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 § 12 may be relevant to tenants living in older buildings where questions arise about which version of the Multiple Residence Law's standards applies to their dwelling. If a landlord claims a building is exempt from new-dwelling requirements under this provision, tenants can look into whether the required certificate of occupancy was actually obtained before the July 1, 1957 deadline, since the exemption depends on that condition being met. Tenants who have concerns about whether their building's regulatory status is being accurately represented can consult a tenant-rights organization or reach out to the local housing department for information about the building's permit and occupancy history.
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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