§ 2-04 Minimum Housing Maintenance Standards.
RCNY § 2-04
(a)Definitions. As used in these rules, the below terms have the following meanings: Corridor means an enclosed public passage providing a means of access to an exit from a building. Fire Escape(s) means a combination of exterior balconies, stairs and ladder(s) providing a means of egress from a building in case of an emergency. Landlord means the owner of an interim multiple dwelling ("IMD"), the lessee of a whole building, part of which contains IMD units, or the agent, executor, assignee of rents, receiver, trustee, or other person having direct or indirect control of such dwelling. Means of Egress means a continuous and unobstructed path of travel from any occupied portion of a building to the street, including Corridors and Stairs. Residential occupant means an occupant of an IMD unit qualified for protection under Article 7-C of the New York State Multiple Dwelling Law ("MDL"). Stair(s) means a combination of the landings, handrails and steps providing a means of egress from a building.
(b)Basic services. Landlords of IMD buildings must provide the following minimum housing maintenance services to residential occupants qualified for the protection of Article 7-C of the MDL: (1) Water supply and drainage. The landlord of an IMD building must provide and maintain a supply of pure and wholesome water at all times sufficient in quantity and pressure to provide for sanitary maintenance. The landlord must properly maintain and keep in good repair the building's plumbing and drainage system. Where water mains are available in the street, every residentially occupied IMD unit must be supplied with water from those mains. The landlord must keep the water free from connection to any unsafe water supply or from cross-connections to any drainage system. Where a landlord of an IMD building installed or installs plumbing fixtures to residentially occupied IMD units, he or she must maintain same in good working order.
(2)Heat.
(i)Except as provided below, where there is a central heating system in an IMD Building, the Landlord, Owner of Responsible Party must provide every residentially occupied IMD unit with heat from that system. As illustrated in the chart below, during the period from October 1 through May 31, centrally supplied heat must be provided so as to maintain every portion of the dwelling used or occupied for living purposes, between the hours of 6:00 a.m. and 10:00 p.m. at a temperature of at least 68 degrees Fahrenheit whenever the outside temperature falls below 55 degrees, and between the hours of 10:00 p.m. and 6:00 a.m. at a temperature of at least 62 degrees Fahrenheit.
(ii)Where the Landlord, Owner or Responsible Party provides a system of gas or electric heating for a residentially occupied IMD unit, that system may be utilized instead of a central heating system in the instances where a central heating system is lacking, or may otherwise be used to supplement a central heating system. As illustrated in the chart below, during the period from October 1 through May 31, heat from individual systems of gas or electric heat where the Landlord, Owner or Responsible Party pays for operation must be provided so as to maintain every portion of the residentially occupied dwelling used or occupied for living purposes, between the hours of 6:00 a.m. and 10:00 p.m., at a temperature of at least 68 degrees Fahrenheit whenever the outside temperature falls below 55 degrees Fahrenheit, and between the hours of 10:00 p.m. and 6:00 a.m. at a temperature of at least 62 degrees Fahrenheit. Between the hoursIf Temperature OutsideLandlord Must Provide Central Heat6:00 a.m. - 10:00 p.m.Below 55°FAt least 68°F 10:00 p.m. - 6:00 a.m.(any temperature)At least 62°F (iii) To meet his or her obligations to provide heat, the landlord may install individual heating systems within the IMD units to supply all the heat required pursuant to these rules or to supplement the heat supplied by an existing building system, provided that the installation and system are approved for residential use by appropriate City agencies.
(iv)The landlord must not object to the installation by a residential occupant of an individual heating system, provided that: (A) The installation does not conflict with the landlord's legalization alteration plans approved by the Department of Buildings or certified by the Loft Board; (B) The installation and system are approved for residential use by the appropriate City agencies; and (C) The residential occupant has requested in writing that the landlord install the system and the landlord has refused to comply with the request within 45 days from the date of the request.
(v)The landlord must maintain the IMD building's central heating systems and the IMD building's gas or electric heating fixtures and systems supplied to residentially occupied IMD units in proper working order unless the parties otherwise agreed in writing that the residential occupant(s) will be responsible for maintenance of the gas or electric heating fixtures and systems used to heat his or her unit.
(3)Hot water. The landlord must, at all times between the hours of 6:00 a.m. and midnight, supply every bath, shower, washbasin and sink with hot water at a constant minimum temperature of 120 degrees Fahrenheit in all residentially occupied IMD units from a central source of supply or from individual gas or electric hot water heaters, except where such individual heaters have been previously installed, and where responsibility for operation has been assumed by the residential occupant.
(4)Electricity. The landlord must maintain electrical service to all residentially occupied IMD units at all times in order to allow the units to obtain electric power. The intention of this standard is to afford electrical service to all residentially occupied IMD units.
(5)Gas. Where gas service is currently provided to residentially occupied IMD units, the landlord must maintain the service in good working order. The landlord must not unreasonably withhold his or her cooperation if the residential occupant wishes to install gas service at the residential occupant's cost and expense.
(6)Smoke and carbon monoxide detectors. By no later than thirty days after the date of the Loft Board order granting Article 7-C coverage, coverage pursuant to a registration from the owner or a finding of coverage by a court of competent jurisdiction, all residentially occupied IMD units must be equipped with operational smoke and carbon monoxide detecting devices, either battery operated or receiving their primary power from the building's electrical service, approved by the appropriate city agencies. If smoke or carbon monoxide detecting devices are not installed within 30 calendar days of the granting of Article 7-C coverage residential occupants are authorized to install them on their own. Where a battery operated smoke or carbon monoxide detecting device is provided and installed by the landlord, the residential occupant of that unit must reimburse the landlord a maximum of 10 dollars for each device. The residential occupant will have one year from the date of installation to reimburse the landlord. All sections of the Housing Maintenance Code relating to smoke and carbon monoxide detectors apply to IMD buildings.
(7)Public lighting. The landlord must provide and maintain electric lighting fixtures for every public hall, stair, fire stair and fire tower on every floor and must have these required lights in all such fixtures turned on at sunset every day and remain on until sunrise the following day. Where natural light is not adequate, the landlord must provide and maintain electrical lighting fixtures for every public hall, stair, fire stair and fire tower on every floor on a 24-hour a day, 7 day a week basis.
(8)Entrance door security. The landlord must properly maintain all existing entrance door security and at a minimum at least one door at the entrance to each building and each unit must have a working lock. All tenants must be provided with keys to all entrance door locks.
(9)Elevator service. The landlord must not diminish nor permit the diminution of legal freight or passenger elevator service and must maintain this service in good working order.
(10)Window guards.
(iii)No landlord may refuse a written request of a residential occupant of an IMD unit, to install window guards regardless of whether it is required by subsection (i), except that this section does not apply to windows giving access to fire escapes or to windows on the first floor that are a required means of egress from an IMD unit.
(11)Egress. The owner of an IMD building must maintain the Fire Escapes, Corridors and other Means of Egress in good working order. Owners must inspect Fire Escape(s) and Stair(s) (indoor and outdoor) annually for defects. Defects include but are not limited to rust and other signs of deterioration.
(c)Additional lease agreement services. In addition to those services mandated by 29 RCNY § 2-04(b), landlords must maintain and continue to provide to residential occupants services specified in their lease or rental agreement. In the absence of a lease or rental agreement, landlords must provide those services to residential occupants which were specified in the lease or rental agreement most recently in effect in addition to those services mandated in 29 RCNY § 2-04(b) above. There must not be any diminution of services. Nothing contained in these rules allows reduction in the prior services supplied by mutual agreement where those services exceed the services mandated by 29 RCNY § 2-04(b) above. Where the prior services are below those mandated by 29 RCNY § 2-04(b), the services mandated by 29 RCNY § 2-04(b) must be provided.
(d)Guide for the courts. The services mandated by subdivisions (b) and (c) of this section provide a guide which courts can use as part of their determination as to whether landlords are meeting their current and future responsibilities to residential occupants according to the Warranty of Habitability in Real Property Law § 235-b(1) for IMD buildings.
(e)Enforcement and penalties.
(1)Loft Board Staff, ECB and OATH Staff. The Loft Board authorizes the Loft Board's staff hearing examiners, Administrative Law Judges at the Office of Administrative Trials and Hearing ("OATH") or the hearing officers at the Environmental Control Board ("ECB"), as the Executive Director so designates, to conduct hearings on alleged violations of housing maintenance standards and, where such violations are determined to exist, to impose the fines in accordance with the ranges recommended in subparagraph (8) below. The Loft Board authorizes its staff to take all steps necessary to enforce the minimum housing maintenance standards.
