Cal. Civ. Code § 161
Application of article five-A
Operative Text
§ 161. Application of article five-A. The provisions of this article shall apply to garden-type maisonette dwelling projects erected under plans filed with the department on or after April eighteenth, nineteen hundred fifty-four. They shall apply to all such dwellings unless their application is expressly limited to dwellings of a particular class. They shall apply in addition to, and not in substitution for, the provisions of article three. Such dwellings need not comply with the provisions of sections twenty-eight, thirty-five, thirty-six, fifty, fifty-four, and sixty-five, or with articles four, five, six or seven of this chapter, but such dwellings shall comply with all of the provisions of the building code applicable to residential buildings of this type and kind. A garden-type maisonette dwelling project, which is erected in accordance with the applicable provisions of this chapter for fireproof or non-fireproof dwellings other than the provisions of this article five-A, shall not be required to comply with the provisions of this article.
Section 161 of the New York Multiple Dwelling Law establishes which buildings are governed by Article Five-A, the set of rules specific to garden-type maisonette dwelling projects. This article applies to such projects whose construction plans were filed with the relevant department on or after April 18, 1954, and it operates alongside Article Three rather than replacing it. Buildings covered by Article Five-A are relieved from certain enumerated sections and articles of the Multiple Dwelling Law, but they must still satisfy all building code requirements applicable to their residential building type. A garden-type maisonette project that was built in full compliance with the chapter's fireproof or non-fireproof dwelling provisions outside of Article Five-A is not required to also comply with Article Five-A.
Plain English — not legal advice.
Operators and developers of garden-type maisonette dwelling projects should be aware that N.Y. Mult. Dwell. Law § 161 ties Article Five-A's applicability to the date construction plans were filed — specifically, on or after April 18, 1954. Compliant operators generally confirm whether their project's filing date and construction method bring it within Article Five-A's scope or exempt it under the provision's final paragraph. Because § 161 preserves the obligations of Article Three and all applicable building code requirements, property managers typically ensure those parallel standards remain satisfied even when certain other Multiple Dwelling Law sections do not apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in garden-type maisonette dwelling projects may find that N.Y. Mult. Dwell. Law § 161 affects which housing standards legally govern their building, depending on when construction plans were filed and how the project was built. Understanding whether Article Five-A applies — and which building code and Article Three protections remain in force — can be relevant when evaluating habitability or code-compliance concerns. Tenants who believe applicable standards are not being met can explore options such as raising a violation as a defense in a housing proceeding, filing a complaint with a local housing or building department, or reaching out to a tenant-rights organization for general guidance on § 161 and related provisions.
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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