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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.
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.
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)
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)
Article 2: Cleaning
a. The occupant of a dwelling shall maintain the dwelling unit which he or she occupies and controls in a clean and sanitary condition except as provided in subdivision b of this section.
b. The owner of all rooming units in a rooming house or an entire multiple dwelling used for single room occupancy, or the person in control of an apartment containing rooming units, shall clean any such unit before any change in occupancy and at least once a week during the period of occupancy and shall at all times maintain the same in a clean and sanitary condition.
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