Sec.
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.
Sec.
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:
- It is
caused by his or her own willful 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.
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 willful 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.
Sec.
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 showerhead 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 these titles.
Sec.
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.
Sec.
27-2009
Tenant
violations as grounds for eviction
Any
conviction of a tenant for violation of this code which:
- Results
from willful 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 person; or
- 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
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.
The above Information
was obtained from NYC Guidelines Board www.housingnyc.com
|
