Article 1 Obligations of Owner and Tenant: Duty to Repair

Editor's note: this §27-2005 has been AMENDED by  L.L. 2016/153, 12/6/2016, effective 6/4/2017.

   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.

   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.

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.

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.

   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.