The Department of Buildings shall not issue a permit for the demolition of a multiple dwelling, as defined in Section 93-90 (HARASSMENT), paragraph (a)(14), located within Subareas D4 or D5 in the Hell’s Kitchen Subdistrict D or within Subdistrict A-2 of the Special Garment Center District, or an alteration permit for the partial demolition of a multiple dwelling located within Subareas D4 and D5 or within Subdistrict A-2 of the Special Garment Center District, where such partial demolition would decrease the amount of residential floor area in such multiple dwelling by 20 percent or more, unless:

(a)        such multiple dwelling is an unsafe building or an emergency exists such that demolition is required pursuant to the provisions of Title 28, Chapter 2, Articles 215 or 216 of the New York City Administrative Code; or

(b)        the Commissioner of the Department of Housing Preservation and Development, after providing 60 days notice and opportunity to comment to the local Community Board, has certified:

(1)        if such multiple dwelling is to be substantially preserved, that an alteration permit is required to allow the removal and replacement of 20 percent or more of the floor area;

(2)        if such multiple dwelling is not to be substantially preserved, that the Department of Housing Preservation and Development has determined that the rehabilitation of such multiple dwelling is not feasible under any active governmentally funded program; and

(3)        that the Department of Housing Preservation and Development has issued a certification of no harassment pursuant to Section 93-90, paragraph (c), or has certified compliance with the cure provisions of Section 93-90, paragraph (d).

(c)        the following structures shall be exempt from the provisions of this Section:

(1)        any city-owned multiple dwellings;

(2)        any multiple dwelling which is the subject of a program approved by the Department of Housing Preservation and Development for the provision of housing for persons of low- or moderate-income and has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development;

(3)        any multiple dwelling initially occupied for residential purposes after January 1, 1974, except for buildings which are or have been interim multiple dwellings, pursuant to Article 7C of the Multiple Dwelling Law;

(4)        any exempt hotel, as defined in Section 93-90;

(5)        any multiple dwelling in which occupancy is restricted to clubhouse or school dormitory use and occupancy was restricted to clubhouse or school dormitory use on June 21, 2004; or

(6)        any exempt institutional residence, as defined in Section 93-90.