HOUSING MAINTENANCE CODE
[table of contents]
MAINTENANCE, SERVICES, AND UTILITIES
Obligations of Owner and Tenant:
Duty to Repair
27-2006 Duties of Tenant
27-2007 Certain Specific Duties of Tenants and
27-2008 Owner's Right of Access
27-2009 Tenant Violations as Grounds
27-2009.1 Rights and Responsibilities
of Owners and Tenants in Relation to Pets
Sec. 27-2005 Duties
- The owner of a multiple dwelling shall keep the premises in good repair.
- The owner of a multiple dwelling, in addition to the duty imposed
upon such owner by subdivision a of this section, shall be responsible for
compliance with the requirements of this code, except insofar as responsibility
for compliance is imposed upon the tenant alone.
- The owner of a one- or two-family dwelling shall keep the premises
in good repair, and shall be responsible for compliance with the provisions
of this code, except to the extent otherwise agreed between such owner and
any tenant of such dwelling by lease or other contract in writing, or except
insofar as responsibility for compliance with this code is imposed upon the
Sec. 27-2006 Duties
tenant shall, in addition to complying with all provisions of this code and
the multiple dwelling law applicable to him or her, be responsible for violations
of this code to the extent that he or she has the power to prevent the occurrence
of a violation. A tenant has the power to prevent the occurrence of a violation
is caused by his or her own wilful act or that of a member of his or
her family or household, or a guest; or
- It is the result of such tenant's gross negligence, neglect or abuse,
or the gross negligence, neglect or abuse of a member of his or her family,
or household or a guest.
- The tenant, any member of his or her family or household, or his or
her guest shall, with respect to the public parts of the premises, be liable
if a violation is caused by such tenant's own wilful act, gross negligence,
neglect or abuse.
- The fact that a tenant is or may be liable for a violation of this
code or any other law or is found liable for civil or criminal penalties
does not relieve the owner of his or her obligation to keep the premises,
and every part thereof, in good repair.
Sec. 27-2007 Certain
specific duties of tenants and others
addition to other duties imposed upon him or her by this code, no tenant, or
any other person, shall:
a. Remove or render inoperative any self-closing device on any door which is
required by any provision of law to be self-closing, or cause or permit such
door to be held open by any device;
b. Use, or cause or permit to be installed, a lowered door or screen door in
addition to or in place of any required self-closing door to a public hall;
c. Place any encumbrance before or upon, or cause access to be obstructed to,
any fire escape, or obstruct by a baby carriage or any encumbrance, the public
halls or any required means of egress;
d. Take down, alter, destroy, or in any way deface any sign required by this
code to be displayed.
e. Remove or render inoperative any shower head installed by the owner which
meets the standards of subdivision P. 104.2 of section P. 104.0 of reference
standard RS-16 of the appendix to chapter one of this title.
Sec. 27-2008 Owner's
right of access
tenant shall refuse to permit the owner, or his or her agent or employee, to
enter such tenant's dwelling unit or other space under his or her control to
make repairs or improvements required by this code or other law or to inspect
such apartment or other space to determine compliance with this code or any
other provision of law, if the right of entry is exercised at a reasonable
time and in a reasonable manner. The department may by regulation restrict
the time and manner of such inspections.
Sec. 27-2009 Tenant
violations as grounds for eviction
conviction of a tenant for violation of this code which:
- Results from wilful or grossly negligent conduct and causes substantial
damage to the dwelling units; or
Results from repeated or continued conduct which causes damage to the dwelling
unit or substantially interferes with the comfort or safety of another
Consists of an unreasonable refusal to afford access to the dwelling unit
to the owner or his or her agent or employee for the purpose of making
repairs or improvements required by this code, shall constitute grounds
for summary proceedings by the owner to recover possession of such dwelling
unit from the tenant.
Sec. 27-2009.1 Rights
and Responsibilities of Owners and Tenants in Relation to Pets
- Legislative declaration. The council hereby finds that the enforcement of
covenants contained in multiple dwelling leases which prohibit the harboring
of household pets has led to widespread abuses by building owners or their
agents, who knowing that a tenant has a pet for an extended period of time,
seek to evict the tenant and/or his or her pet often for reasons unrelated
to the creation of a nuisance. Because household pets are kept for reasons
of safety and companionship and under the existence of a continuing housing
emergency it is necessary to protect pet owners from retaliatory eviction
and to safeguard the health, safety and welfare of tenants who harbor pets
under the circumstances provided herein, it is hereby found that the enactment
of the provisions of this section is necessary to prevent potential hardship
and dislocation of tenants within this city.
- Where a tenant in a multiple dwelling openly and notoriously for a period
of three months or more following taking possession of a unit, harbors or
has harbored a household pet or pets, the harboring of which is not prohibited
by the multiple dwelling law, the housing maintenance or the health codes
of the city of New York or any other applicable law, and the owner or his
or her agent has knowledge of this fact, and such owner fails within this
three month period to commence a summary proceeding or action to enforce
a lease provision prohibiting the keeping of such household pets, such
lease provision shall be deemed waived.
- It shall be unlawful for an owner or his or her agent, by express terms
or otherwise, to restrict a tenant's rights as provided in this section.
Any such restriction shall be unenforceable and deemed void as against public
- The waiver provision of this section shall not apply where the harboring
of a household pet causes damage to the subject premise, creates a nuisance
or interferes substantially with the health, safety or welfare of other tenants
or occupants of the same or adjacent building or structure.
- The New York city housing authority shall be exempt from the provisions
of this section.