Cal. Civ. Code § 782
"Dwelling" defined
Operative Text
§ 782. "Dwelling" defined. As used in this article, the term "dwelling" shall mean any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings and is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other; or is a garden-type maisonette dwelling project as defined in the multiple dwelling law or other similar dwellings which in their aggregate are arranged or designed to provide three or more apartments, have common facilities such as but not limited to a sewer line, water main, or heating plant and are operated as a unit under common ownership, notwithstanding that certificates of occupancy were issued for portions thereof as one or two family dwellings or that the dwellings are not a multiple dwelling as defined in the multiple dwelling law.
Under N.Y. Real Prop. Acts & Proc. Law § 782, the term 'dwelling' is given a broad meaning for purposes of the article in which it appears. It covers any building, structure, or portion thereof used as a home, residence, or sleeping place that is rented or leased, as well as properties occupied by three or more families living independently. The definition also extends to garden-type maisonette projects and similar arrangements that collectively provide three or more apartments sharing common infrastructure—such as a sewer line, water main, or heating plant—and are operated as a unit under common ownership, even if individual portions were issued certificates of occupancy as one- or two-family dwellings.
Plain English — not legal advice.
Property owners and managers should be aware that § 782 casts a wide net over what qualifies as a 'dwelling' under this article, meaning that certain multi-unit arrangements—including garden-type maisonette projects with shared utilities operated under common ownership—may fall within the statute's reach regardless of how certificates of occupancy were originally issued. Operators of properties housing three or more families living independently generally take care to evaluate whether their buildings meet this definition before assuming a particular regulatory framework does or does not apply. Understanding whether a property qualifies as a 'dwelling' under § 782 can affect which obligations and procedures govern landlord-tenant proceedings under the article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants, § 782 is significant because it determines whether the building or structure where they live qualifies as a 'dwelling' subject to the protections and procedures of this article. Residents of multi-family buildings, as well as those in garden-type maisonette or similar shared-infrastructure arrangements, may find that their home falls within this definition even if it was not originally classified as a multi-family property. Tenants who are uncertain whether their residence qualifies under § 782 can consult a tenant-rights organization or seek guidance from a local housing court to understand what procedural rights may be available to them.
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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