Posted by Ace on July 18, 2001 at 16:50:45:
In Reply to: Re: fire escape posted by SamE on July 18, 2001 at 00:46:02:
As someone previously posted, I think the landlord has been flexible towards this tenant.
Perhaps the tenant is also looking for some kind of juicy bits for a court case in order to sue the LL? I'm not a big LL fan, but it's as if this tenant is just looking to have a fight...
Here is what I found on the housingnyc site. Section 27-2007 is of particular interest to said tenant:
HOUSING MAINTENANCE CODE
[table of contents]
MAINTENANCE, SERVICES, AND UTILITIES
Obligations of Owner and Tenant: Duty to Repair
27-2005 Duties of Owner
27-2006 Duties of Tenant
27-2007 Certain Specific Duties of Tenants and Others
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.
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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.
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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.
: : : Pick and choose your battles carefully. Is hanging it from your window as opposed to your fire escape really a travesty?
: : : True enough. But not my point. I want to know whether he's lying to me--wouldn't be the first time--and what the legal restrictions are.
: So walk into the firehouse around the corner and ask them; call the fire inspector, ask him; go to nyc.gov and see what it says on the fire dept pages; goto housingnyc.com and search the HMC (many fire code regulations are in the Housing Maintenance Code).
: post the real answer.
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