Obligations of Owner and Tenant: Duty to Repair

NYC Admin. Code tit. 27, ch. 2, subch. 2, art. 1

in effect

NYC Admin. Code § 27-2005 Duties of owner.

§ 27-2005 Duties of owner. a. The owner of a multiple dwelling shall keep the premises in good repair. b. 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. c. 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 tenant alone. d. The owner of a dwelling shall not harass any tenants or persons lawfully entitled to occupancy of such dwelling as set forth in paragraph 48 of subdivision a of section 27-2004 of this chapter. e. 1. The owner of a multiple dwelling shall provide lawful occupants of such multiple dwelling with notice prior to making repairs, or performing other work, that will cause an interruption of any heat, hot water, cold water, gas or electricity service expected to last for two or more hours. The department shall by rule prescribe the form, timing and placement of the notice, provided that the notice shall be publicly posted in a prominent place within the multiple dwelling at least twenty-four hours before the interruption of such service is expected to commence and shall remain posted until such interruption ends. Where the owner expects that an interruption of any heat, hot water, cold water, gas or electricity service will last for less than two hours or where such interruption is due to emergency repairs or work, as defined by department rule, advance notice need not be posted, provided that where such interruption lasts for two or more hours, notice shall be posted as soon as practicable after the commencement of such interruption. Such notice shall identify the service to be interrupted, the type of work to be performed, the expected start and end dates of the service interruption. The notice shall be updated as needed. Such notice shall be posted in English, Spanish and such other languages as the department may provide by rule. 2. Repairs made pursuant to section 27-2125 of this code shall be exempt from the provisions of this subdivision. f. The owner of a dwelling shall deliver or cause to be delivered to each tenant and prospective tenant of such dwelling, along with the lease or lease renewal form for such tenant or prospective tenant, and shall post and maintain in a common area of the building containing such dwelling, a notice, in a form developed or approved by the department, regarding the procedures that should be followed when a gas leak is suspected. Such notice may be combined with any existing required notices and shall instruct tenants to first call 911 and then call the relevant gas service provider, whose name and emergency phone number shall be set forth on such notice, before contacting such owner or an agent thereof when a gas leak is suspected. g. The owner of a multiple dwelling shall obtain for each dwelling unit, where available, the previous four years of rent amounts from the New York state division of housing and community renewal, and provide such rent amounts to the current tenant of such dwelling unit. h. The owner of a multiple dwelling shall keep all unoccupied dwelling units in such multiple dwelling in good repair. (Am. L.L. 2015/047, 6/2/2015, eff. 9/30/2015; Am. L.L. 2016/153, 12/6/2016, eff. 6/4/2017; Am. L.L. 2019/113, 6/8/2019, eff. 10/6/2019; Am. L.L. 2024/001, 1/6/2024, eff. 8/3/2024)

NYC Admin. Code § 27-2006 Duties of tenant.

§ 27-2006 Duties of tenant. a. A 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 if: (1) It 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 (2) 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. b. 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. c. 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.

NYC Admin. Code § 27-2007 Certain specific duties of tenants and others.

§ 27-2007 Certain specific duties of tenants and others. In 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.

NYC Admin. Code § 27-2008 Owner's right of access.

§ 27-2008 Owner's right of access. No 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.

NYC Admin. Code § 27-2009 Tenant violations as grounds for eviction.

§ 27-2009 Tenant violations as grounds for eviction. Any conviction of a tenant for violation of this code which: (1) Results from wilful or grossly negligent conduct and causes substantial damage to the dwelling units; or (2) Results from repeated or continued conduct which causes damage to the dwelling unit or substantially interferes with the comfort or safety of another person; or (3) 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.

NYC Admin. Code § 27-2009.1 Rights and responsibilities of owners and tenants in relation to pets.

§ 27-2009.1 Rights and responsibilities of owners and tenants in relation to pets. a. 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. b. 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. c. 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 policy. d. 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. e. The New York city housing authority shall be exempt from the provisions of this section.

NYC Admin. Code § 27-2009.2 Safe construction bill of rights.

§ 27-2009.2 Safe construction bill of rights. a. Definitions. As used in this section: Amenity. The term "amenity" means any equipment, feature or space within a multiple dwelling that may be used in common by the building occupants, including, but not limited to, entrances, elevators, stairways, freight elevators, laundry rooms, laundry equipment, exercise rooms, community rooms, outdoor areas, parking spaces, storage units, or wireless internet. Essential service. The term "essential service" means heat, hot water, cold water, electricity, gas, maintenance and janitorial services, and elevator service and any other services that the commissioner determines by rule to be essential. b. Notice. 1. Contemporaneously with an application for a permit for work not constituting minor alterations or ordinary repairs, contemporaneously with the owner's notification of the department that an emergency work permit is being sought, or, for new buildings, immediately upon application for a temporary certificate of occupancy, the owner of a multiple dwelling shall (i) distribute a notice, titled the "Safe Construction Bill of Rights," to each occupied dwelling unit or (ii) post such notice, in a conspicuous manner in the building lobby, adjacent to the posted notice required pursuant to chapter 11 of title 26 of the code, and on every floor within 10 feet of every elevator bank, or, in a building with no elevator, within 10 feet of or inside every main stairwell. 2. Such notice shall remain posted until the completion of the described permitted work. c. Notice content. The notice required pursuant to this section shall contain the following information, and shall be updated within one week of any change to such information: 1. A description of the type of work being conducted and the locations in the multiple dwelling where the work will take place; 2. The hours of construction; 3. The projected timeline for the completion of the work; 4. A description of the amenities or essential services anticipated to be unavailable or interrupted during the work and how the owner will minimize such unavailability or interruption; 5. The contact information, including a telephone number, for an agent or employee of the owner who can be reached for non-emergency matters pertaining to the work being performed; 6. The contact information, including a telephone number, for an agent or employee of the owner who can be reached for emergency matters pertaining to the work being performed 24 hours a day, 7 days a week during the period of construction; and 7. The contact information for the relevant city and state agencies where occupants may submit complaints or ask questions about the work being performed. d. Tenant protection plan. When notice is required pursuant to this section, the owner shall (i) distribute a notice meeting the requirements of article 120 of title 28 of the administrative code regarding the tenant protection plan to each occupied dwelling unit and (ii) post such notice in a conspicuous manner in the building lobby, as well as on each floor within 10 feet of the elevator, or in a building where there is no elevator, within 10 feet of the main stairwell on such floor. e. Language requirement. The notice required pursuant to this section shall be published in English, Spanish and such other languages as the department may provide by rule. f. Protection. All postings required by this section shall be laminated or encased in a plastic covering deemed appropriate by the commissioner. g. Enforcement. The provisions of this section may be enforced by the department or the department of buildings. h. Violations and penalties. Any owner who fails to comply this section shall be liable for an immediately hazardous violation and subject to penalties associated with such violation, as defined in section 27-2115 of the code. (L.L. 2017/159, 8/30/2017, eff. 12/28/2017; Am. L.L. 2019/106, 6/8/2019, eff. 3/8/2020)

NYC Admin. Code § 27-2009.3 Inspections of unoccupied dwelling units.

§ 27-2009.3 Inspections of unoccupied dwelling units. a. Complaints about conditions in unoccupied dwelling units affecting occupied dwelling units in multiple dwellings. Upon receipt of a complaint about pests, leaks, accumulation of refuse, unsecured openings, mold, or inadequate firestopping in an unoccupied dwelling unit of a multiple dwelling that may be the cause of a hazardous or immediately hazardous condition in an occupied dwelling unit in such multiple dwelling, other than a complaint about an unoccupied dwelling unit in a multiple dwelling owned or operated by the New York city housing authority, the department shall notify the owner of such multiple dwelling to schedule an inspection of such unoccupied dwelling unit by the department within 21 days of such complaint. Such notification shall include information about the conditions on the inspection checklist set forth in subdivision b of this section. b. Inspection checklist. An inspection of an unoccupied dwelling unit conducted pursuant to subdivision a of this section shall include, but not be limited to, an inspection for the following conditions: 1. Unsecured openings; 2. Inadequate firestopping; 3. Leaks, defective plumbing, and mold; 4. Indications of the presence of any pests; 5. Accumulation of refuse; and 6. Smoke detectors and carbon monoxide detectors. c. Notice of violation. The department shall issue a notice of violation for any hazardous or immediately hazardous condition observed in an unoccupied dwelling unit inspected pursuant to subdivision a of this section. d. Publication. The department shall maintain a publicly accessible interface on the website of the department that lists violations issued pursuant to subdivision c of this section. (L.L. 2024/001, 1/6/2024, eff. 8/3/2024)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-60146Fetched: 10/24/2026