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Subchapter Q: List of All Violations Classified as Rent Impairing
The Department of Housing Preservation and Development has promulgated the following as a complete list of violations, currently classified as rent impairing under Multiple Dwelling Law, § 302-a. The list contains a brief description of the conditions constituting the violations, the section of the Multiple Dwelling Law or Housing Maintenance Code violated and the order number now assigned thereto by the Department of Rent and Housing Maintenance.
Order No. | Description | Section of Multiple Dwelling Law or Housing Maintenance Code |
Order No. | Description | Section of Multiple Dwelling Law or Housing Maintenance Code |
51 | Discontinue the storage of combustible materials | § 12, M.D. Law |
69 | Discontinue use unless and until an approved application is filed and a certificate of occupancy is obtained | § 61, M.D. Law |
72 | Discontinue the manufacturing business | § 61, M.D. Law |
80 | Provide legal second means of egress and file application for approval before work | § 231, M.D. Law |
81 | Provide a sprinkler system or a legal second means of egress and file application for approval before doing this work | § 187, M.D. Law |
81B | Provide sprinkler heads in all class B rooms and file application for approval before doing this work | § 194, M.D. Law |
135 | Close the unnecessary opening in fire escape | §§ 53, 187, 231, M.D. Law |
142 | Brace and support balcony with suitable tie rods or suspension rods | §§ 53, 187, 231, M.D. Law |
176 | Provide means of egress from yard to street by a fireproof passageway for which application must be filed for approval, or by an unlocked door or gate in fence to the adjoining premises with consent of adjacent owner | §§ 53, 187, 231, M.D. Law |
181 | Provide a fireproof passageway from fire escapes at rear to street and file application for approval before doing this work | § 53, 187, 231, M.D. Law |
188 | Properly fire retard in accordance with the rules and regulations of this department the cellar ceiling | § 185, 240, M.D. Law |
209 | Remove door from closet leading to scuttle opening in roof | § 233, M.D. Law |
213 | Seal with fire retarding material or provide with fireproof self-closing door and assembly the opening leading from store to public hall | § 61, M.D. Law |
214 | Remove sash in partition between rooms and public hall and seal opening with material similar to adjacent wall | § 189(5), M.D. Law |
222 | Provide under completed permit, a proper enclosure with fireproof self-closing doors and assemblies at the top and the bottom of the cellar stairs | § 242, M.D. Law |
494 | Requires the filing of plans and compliance with § 67 of the Multiple Dwelling Law for heretofore erected existing multiple dwellings | § 4, 8, 25, 67, M.D. Law |
503 | Make safe by properly repairing the structural defect | § 27-2005 |
507 | Repair the roof so that it will not leak | § 27-2005 |
511 | Repair and operate the gas appliance so as to prevent carbon monoxide | § 27-2005 |
512 | Fire escape defective. Replace with new the broken, defective and/or missing | § 27-2005 |
513 | Fire escape defective. Adjust the drop-ladder so that it will slide easily in the guide rods | § 27-2005 |
514 | Fire escape defective. Properly secure | § 27-2005 |
516 | Fire escape defective. Reset the braces of the brackets so that they will bear against the wall | § 27-2005 |
517 | Fire escape defective. Remove and replace with new the broken and defective bracket and leave all anchorages uncovered for inspection | § 27-2005 |
518 | Fire escape defective. Replace with 2 x 1/2 inch iron or bar at foot of gooseneck ladder | § 27-2005 |
519 | Fire escape defective. Remove or make safe the additional fire escape | § 27-2005 |
520 | Fire escape defective. Remove the additional dangerous, inadequate fire escape | § 27-2005 |
523 | Fire escape defective. Restore egress by locking device and arrange to open readily the gate in fence at lot line | |
524 | Fire egress defective. Remove the obstruction in fireproof passageway | |
526 | Remove the illegal fastening at roof, bulkhead door, scuttle cover, etc. | |
538 | Remove all encumbrances | |
551 | Cleanse and disinfect to the satisfaction of this department after removing the sewage, etc. | |
567 | Abate the nuisance consisting of rodents | § 27-2018 |
576 | Provide adequate supply of cold water for the fixtures | § 27-2024 |
577 | Provide adequate supply of hot water for the fixtures | § 27-2024 |
578 | Repair the leaky and/or defective water supply pipe | § 27-2026 |
580 | Provide adequate tight cover made of metal or wood covered with metal for tank supply tank on roof | § 27-2024 |
581 | Empty and thoroughly cleanse the interior sides and bottom of water supply tank on roof | § 27-2024 |
586 | Provide a separate house sewer and house drain properly connected to plumbing system of the building and to main sewer and file an application for approval before doing this work | § 27-2026 |
587 | Remove cesspool and all sewage saturated earth, disinfect site and fill with fresh earth. Connect plumbing system of building to main sewer by installing house sewer and drain. File application for approval before doing this work | § 27-2026 |
590 | Requires a separate water closet for each family within old-law tenement buildings | § 27-2066 |
592 | Replace with new the defective flush pipe of water closet | § 27-2026 |
593 | Repair the flushing apparatus and maintain same so as to flush effectively the water closet | § 27-2026 |
594 | Repair leaky water closet flush pipe connection | § 27-2026 |
595 | Remove all obstructions from water closet | § 27-2026 |
596 | Replace the broken or defective plumbing facility | § 27-2026 |
599 | Repair by closing so as to be gas-tight all openings | § 27-2026 |
600 | Provide a proper screw cap for the clean-out of trap | § 27-2026 |
646 | Properly close and seal opening as described below | § 27-2026 |
647 | Properly close and seat the hub opening after removing the disused broken or defective | § 27-2026 |
648 | Properly ream out, tap and plug, with screw plugs, the holes | § 27-2026 |
649 | Remove all obstructions and repair all defects | § 27-2026 |
665 | Install central heating system or, if lawfully feasible, individual space heaters, and file an application for approval before doing work | § 27-2028 |
666 | Provide an adequate supply of heat for the apartment | § 27-2029 |
668 | Repair and operate the heating appliance so as to prevent coal gas | § 27-2030 |
669 | Install central hot water system or, if feasible individual hot water heaters and file an application for approval before doing work | § 27-2031 |
670 | Provide hot water at all hot water fixtures | § 27-2031 |
675 | Requires discontinuance of illegal space or hot water heater or obtain approval for use | |
677 | Discontinue the use of the gas fired refrigerator | § 27-2035 |
680 | Provide adequate lighting for the laundry | |
682 | Provide adequate lighting for public halls and stairs, etc. | § 27-2038 |
695 | Remove unlawful sash in partition separating apartment from public hall and seal opening with fire retarded material | § 27-2044 |
696 | Properly fire-retarded in accordance with the rules and regulations of this department, the cellar ceiling | § 27-2044 |
710 | File with the borough chief inspector of this department a sprinkler test report for the current year | § 27-2050 |
714 | Seal in open position the O.S.Y. valve of the sprinkler system in accordance with the rules and regulations of this department | § 27-2050 |
716 | Provide a manager who shall be responsible for the conduct, operation and maintenance of premises and who shall live on premises or be regularly present therein | § 27-2051 |
721 | Provide dwelling with a janitor or responsible person or janitorial service | § 27-2053 |
741 | Discontinue unlawful cooking space or file plans and application with this department to legalize same, if lawfully feasible | § 27-2070 |
742 | Provide an adequate supply of gas to the fixtures | § 27-2070 |
753 | Requires the discontinuance of unlawful use for single room occupancy | |
768 | Requires a certificate of occupancy be obtained before a vacant or vacated building can be reoccupied for living purposes | § 27-2089 |
772 | File with this department a registration and occupancy statement of building | § 27-2098 |
773 | File with this department a telephone number at which the owner or a responsible person can be reached at all hours in the event of an emergency | § 27-2098 |
774 | File with the department a written designation for change in managing agent of building | § 27-2101 |
775 | File with the department registration statement for change of ownership of building | § 27-2099 |
Subchapter R: Collection, Retention and Disposal of Garbage, Rubbish and Refuse In Multiple Dwellings
(a) The owner, lessee or person in charge of every multiple dwelling shall keep upon the premises sufficient, proper and separate metal receptacles for the deposit of garbage, rubbish and other waste materials of such capacity and construction as provided for in these rules.
(1) Where dumbwaiter service is provided all garbage, rubbish, refuse and other waste matter in the building shall be collected at least once daily and deposited in separate metal receptacles. These receptacles shall be provided with tight fitting covers and shall be located in the cellar, basement or other lowest story except when placed outside the building for regular collection by the Department of Sanitation. Such receptacles shall always be kept covered with tight fitting covers. They shall be regularly disinfected and kept in a clean sanitary condition.
(b) Where no dumbwaiter service is maintained the following regulations shall apply:
(1) Between the hours of 7 a.m. and 9 a.m. or between 6 p.m. and 8 p.m. at least two metal receptacles of such capacities as are provided for in these rules shall be placed within the building so as to be accessible to every occupant therein. Such receptacles shall not be placed so as to obstruct egress or create a nuisance. The owner shall notify all tenants concerning location of receptacles and hours of collection.
(i) Occupants of the respective floors shall deposit all garbage, rubbish and refuse only in the receptacles referred to in the foregoing rule, and during the hours indicated therein. Throwing garbage or other waste matter out of windows or depositing same in any place other than in receptacles provided for in these rules is forbidden.
(ii) The receptacles referred to in paragraph (1) of subdivision (b) of this section shall be promptly removed from their locations upon the expiration of the period indicated and taken to the cellar, basement or other lowest story and there disposed of in accordance with paragraph (1) of subdivision (a) of this section.
(iii) All receptacles referred to in paragraph (1) of subdivision (b) of this section shall be provided with tight fitting covers and shall be maintained in a sanitary condition as provided in paragraph (1) of subdivision (a) of this section. Capacity of receptacles shall be based upon an allowance of at least one receptacle of a two cubic foot content for every five living rooms.
(iv) Newspapers, periodicals, magazines, paper bags, or similar waste paper shall first be tightly wrapped in small bundles and then placed for collection at the location and during the hours indicated in paragraph (1) of subdivision (b) of this section. Throwing loose paper into public halls, shafts, courts or yards is prohibited.
(c) In lieu of complying with the foregoing rules, 28 RCNY § 25-201(b)(1) to § 25-201(b)(iv), inclusive, an owner, lessee or other person in charge of the building may elect to call at each apartment or room at least once daily and collect such garbage, rubbish or refuse for deposit in receptacles referred to in paragraph (1) of subdivision (a) of this section.
(d) The provisions of these rules shall not apply to any multiple dwelling where regular incinerator services are provided and maintained.
Subchapter S: Construction and Maintenance of Refuse Chutes and Refuse Rooms
(a) Refuse chute enclosures. Refuse chutes used for conveyance of garbage and rubbish from upper floors of a building to a cellar or other location shall be constructed with an enclosure of brick masonry at least eight inches in thickness or of reinforced concrete at least six inches in thickness, except as otherwise provided in this section.
(b) Height and service openings. Refuse chutes shall extend from the refuse collection room to a height of at least six feet above the roof. Service openings into the chute shall be equipped with approved self-closing hoppers so constructed that the chute is closed off while the hopper is being loaded and so that no part will project into the chute. The area of the service opening shall not exceed one third the are of the chute. Hopper doors shall have a fire resistive rating of at least one hour, unless separated from the corridor by a fireproof, self-closing door in which case they shall be constructed of incombustible material.
(c) Existing flues and refuse chutes. Flues for existing incinerators may be used for refuse chutes provided such flues are in good condition and provided the flues comply with the provisions of subdivisions (a) and (b) of this section. Existing refuse chutes may be continued in use provided they conform to the provisions of subdivisions (a) and (b) of this section, except that existing refuse chutes of other construction, which have been approved by the department may be retained.
(d) Refuse chutes in new construction. Where refuse compacting systems are required hereafter in new construction, refuse chutes shall be required for conveyance of garbage and rubbish to refuse collection rooms, except that refuse chutes will not be required in class A multiple dwellings which are four stories or less in height. Refuse chutes erected hereafter in new construction shall be of a type approved by the board or shall comply with the requirements of subdivisions (a) and (b) of this section. Chutes shall be constructed straight and plumb, without projections of any kind within the chute. Refuse chutes shall have an inside dimension of at least twenty-four inches for the full height of the chute. All chutes shall be supported on fireproof construction having at least a three hour fire resistive rating.
(e) Refuse collection rooms. A refuse collection room shall be provided at the bottom of all chutes at the cellar or lowest story level to receive the refuse. Such rooms shall be enclosed with walls and roofs constructed of material having a minimum fire resistive rating of three hours, except that gypsum masonry may not be used for such enclosure walls. Openings to such rooms shall be provided with fireproof, self-closing doors having a minimum fire resistive rating of one and one-half hours. It shall be unlawful to keep such doors open. Refuse chutes shall extend to the underside of the roof of the refuse room or lower. Roofs shall be at least six inches away from combustible floor or wall construction. Refuse rooms shall be used only for receipt of refuse and for refuse compacting equipment. Refuse rooms shall be provided with sufficient sprinklers to sprinkle all parts of the room, with at least two sprinkler heads provided and with sprinklers so separated as to sprinkle a maximum area of the room when one of the sprinklers is blocked or not operating. A hose connection shall be provided with the refuse room. Existing refuse rooms and incinerator rooms that have been approved by the department for such use may be retained as approved.
(f) Collection room floors. The floor within the room for the collection of refuse shall be constructed of concrete and shall be sloped to a floor drain within the room connected to the house drain. The drain shall be provided with a protective screen to retain solid material. Floor drain traps shall be readily accessible for cleaning.
(g) Use of existing combustion chambers. Existing incinerator combustion chambers may be used in whole or in part as refuse collecting rooms for collection of refuse and for compacting equipment provided the grates are removed and provided they comply with the provisions of subdivision (e) of this section.
(h) Sprinkler operation and water supply. Sprinklers shall be designed to operate automatically at a temperature not exceeding one hundred sixty-five degrees Fahrenheit. They may be electrically controlled provided such sprinklers are approved by the Board of Standards and Appeals. Sprinklers may be connected to the cold water supply of the building at the point where such service enters the building or at the base of a water supply riser provided the piping of such service or riser is of adequate size. No connections, except those for sprinklers, shall be made to the sprinkler piping.
(i) Hoppers, cut off door and compactors. A hopper and cut off door shall be provided at the bottom of the refuse chute to regulate and guide the flow of refuse into containers. Where compactors are installed so that the refuse flows directly into the compacting equipment, the equipment may be used in place of the hopper and cut off door. Compacting equipment shall be arranged to operate automatically when the level of rubbish is not higher than three feet below the lowest door. Compactors shall be located entirely within the enclosure of the refuse room and former combustion chamber where the latter is retained, except that motors, pumps and controls may be installed in adjacent rooms.
(j) Number of sprinkler heads. Sufficient sprinklers shall be installed in the refuse room and former combustion chamber to provide sprinkler coverage for the entire area of each unit.
(k) Lighting. Adequate lighting shall be provided in refuse rooms.
(l) Maintenance. Refuse chutes, refuse rooms, hoppers and all parts of the refuse collecting system shall be maintained in a clean and sanitary condition at all times, free of vermin, odors and defects, and shall be maintained in good operating condition. Fused sprinkler heads shall be replaced promptly.
(m) Pest control. The owner shall establish a program to ensure that the refuse chute and the refuse room and appurtenances will be treated as often as may be necessary to prevent infestation with insects and rodents. The owner shall maintain a record of such treatments which shall be available at all times for the inspection by the department.
(n) These rules shall apply only to refuse chutes in new construction and to refuse chutes resulting from the conversion of existing incinerator flues and to existing refuse chutes.
(o) Collection and disposal of refuse within premises. The collection and disposal of refuse within any building or on any premises shall be performed as deemed necessary to provide for the safety, health and well being of the occupants of buildings and of the public. The construction, operation, maintenance, cleanliness and sanitation of refuse chutes and refuse rooms and extermination treatment for insects and rodents, and the keeping of records of such treatments for refuse chutes and refuse rooms shall be in accordance with regulations established by this department in consultation with the department of health.
Subchapter T: Obstruction of Fire Exits in Multiple Dwellings
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