Section 27-2005
§ 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.
Section 27-2006
§ 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.
Section 27-2007
§ 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.
Section 27-2008
§ 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.
Section 27-2009
§ 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.
Section 27-2009.1
§ 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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