[Adopted 1-22-2024 by L.L. No. 1-2024[1]]
[1]
Editor's Note: Former Article II, Tenant Responsibility for
Maintenance, adopted 3-13-2017 by Ord. No. 7-2017, was repealed 1-22-2024 by Ord. No. 2-2024.
Tenants of rental property shall maintain the rented premises
in conformance with the following standards. Tenants shall only be
responsible for conditions that he or she actually caused: The requirements
of this article are not intended to conflict with or supersede New
York State Real Property Law § 235-b.
A.
Steps, walks, driveways, parking spaces and similar paved areas shall
be kept free of obstacles to afford safe and convenient passage. Structural
repairs are the responsibility of the property owner.
B.
Yards, courts and vacant lots shall be kept clean and free of hazards.
C.
Open fires shall not be permitted., unless authorized and approved.
pursuant to the Code and in conformity with state air pollution control
regulations.
A.
Floors, walls, including windows and doors, ceilings and other interior
surfaces within the rental property, shall be maintained in clean
and sanitary condition in accordance with the Code and shall not be
broken, damaged or destroyed and/or permitted to attract insect, vermin
and rodent harborage and infestation.
B.
Extension cords. Electrical extension cords shall be used only in
conformance with the Code. If extension cords must be used, they must
be used on a temporary basis only, properly sized for the use; must
not cross any pathways, or be placed under carpets or rugs. They also
should not be a tripping hazard.
D.
External decorative lighting; including, but not limited to, holiday
lighting, shall not be hung by tacks or: nails in such a manner as
to create a fire hazard. Electrical light fixtures and other heat
generating appliances shall not be covered with fabric or other combustible
material.
E.
Excessive amounts of loose fabric when used as a wall or ceiling
covering is a fire hazard and is not permitted.
F.
Tenants may not store or place anything in such a way that it might
block or prevent the use of a means of exiting from a room, rooming
unit, dwelling unit or building. Items should not be stored by tenants
in unfinished areas of buildings (cellars, attics, etc.), which could
contribute to combustion in a fire or block access by emergency personnel,
(i.e., mattresses, old boxes, lumber, clothes, etc.).
G.
Fire escapes shall not be used for storage and shall be kept clear
to allow for immediate egress from a room, rooming unit, dwelling
unit or building.
H.
Tenants shall not store combustible or flammable liquids and/or flammable
gases in their dwelling unit or rooming unit, or in accessory buildings,
except in sealed, approved containers.
I.
Flammable and combustible liquids and/or gases shall not be stored
in hallways, exits, stairways or areas normally used for the safe
passage of people.
J.
Unfinished areas of buildings, such as cellars or attics, shall not
be used for any activities whatsoever other than for utility purposes.
K.
Rugs or carpet shall not be installed in such a way as to obstruct
the smooth opening or closing of any doors.
L.
Cooking and refrigeration appliances, kitchens, and bathrooms must
be kept in a clean and sanitary condition so as not to attract insect,
vermin and rodent harborage and infestation.
M.
Food garbage shall not be stored on premises in such a way or for
such a period of time so as to become a health hazard.
Grounds, buildings and structures shall be maintained free of
insect, vermin and rodent harborage and infestation. The accumulation
and/or storage of materials that may provide harborage or serve as
food for rodents or other vermin in a site accessible to such rodents
or vermin is prohibited.
A.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse within rental
property. Storage containers within rental property shall be of an
approved flame-resistant ·material.
B.
The accumulation or storage of garbage or refuse in public halls
or stairways shall be prohibited.
A.
Refrigerators, and similar equipment with locking mechanisms, shall
not be discarded, abandoned or stored on premises accessible to children,
without first removing the locking devices or the hinges of the doors.
B.
Junked vehicles, unregistered vehicles, equipment and materials shall
not be stored in common, shared and/or open areas of premises.
Domestic animals and pets shall be kept in an appropriate manner in accordance with Chapter 150 of the City Code of Ordinances. Any tenant having ownership·, custody or control of a dog or other domesticated companion or working animal shall be responsible for promptly picking up, collecting and disposing of any and all waste products of such animal in a sanitary manner.
A Smoke detectors and carbon monoxide detectors shall not be
removed, damaged or disabled in any way. Smoke and carbon monoxide
detectors shall not be disabled by the tenant(s).
A.
The detectors shall not be disconnected from a power source or rendered
inoperable in any way. Tenants shall not remove batteries in smoke
detectors or carbon monoxide detectors located in a rental property.
B.
It shall be the duty of the tenant(s) of any rental property to keep
and maintain such detectors located within their dwelling unit, or
sleeping room, in good repair and operable condition and to notify
the property owner to replace any and all devices which are stolen,
removed, missing or rendered inoperable during their tenancy of such
dwelling unit with an identical device or an equivalent device, as
approved by the owner.
C.
Fire extinguishers shall not be used for any purpose other than that
for which they were designed. Tenant shall notify the Fire Department
upon discharging a fire extinguisher to extinguish a fire.
D.
Tampering with sprinkler systems in any way and hanging items from
sprinkler systems and sprinkler equipment is prohibited.
A.
Prohibited locking devices. No hasp, lock, padlock, bar, chain or
other device, which is openable only from the exterior, shall be installed
by a tenant(s) on any door, which is used or intended to be used,
as a means of egress.
B.
Locking devices required.
(1)
It is the responsibility of all property owners to ensure that exit
doors from dwelling units, and doors from bedrooms, sleeping rooms
or lodging units which are located within dwelling units, rooming
houses or boardinghouses, in which three or more unrelated individuals
reside, shall be equipped with a locking device which is securable
by means of a key from the outside and which is provided, on the inside,
with a simple type of releasing device, such as a knob, handle or
panic bar, the method of operation of which is obvious, even in darkness.
No tenant shall remove and/or disable said locking devices.
(2)
It is the responsibility of all property owners to ensure that all
openable windows located within 10 feet, measured vertically, or within
six feet, measured horizontally, of ground level, or of exterior balconies,
porches, stairs, fire escapes, railings, roof surfaces or any other
accessible structure, shall be equipped with sash locks designed to
be openable from the inside only. Sash locks shall be easily openable
without the use of keys and be maintained in good repair. No tenant
shall remove and/or disable said sash locks.
C.
Self-closing doors shall not be blocked in the open position, and
automatic doors shall not be removed.
D.
Tampering with exit lights and exit signs is prohibited. If exit
lights are out or malfunctioning, the property owner must be notified.
A.
Whenever the municipal officer finds that there has been a violation
of these standards, the municipal officer shall first issue a notice
of violation to the person or persons responsible, so long as the
property owner has provided such responsible patty information to
the Bureau of Code Compliance. The order shall:
(1)
Be in writing.
(2)
Identify the premises.
(3)
Specify the violation and remedial action to be taken.
(4)
Provide a reasonable time limit for compliance.
(5)
State the time within which an appeal may be taken.
(6)
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include, in the order, a statement that if the violation is not remedied within the time limit specified in the order, the City may remedy the violation in accordance with Chapter 126 and Chapter 226 of the City Code of Ordinances.
B.
A notice of violation and order may be served as follows:
C.
In case the tenant(s) shall fail, neglect or refuse to remove, eliminate
or abate the violation, or in the case that the owner, lessor or agent
fails to cause the tenant(s) to remove the violation within the time
specified, the municipal officer shall forward the notice of violation
to the Corporation Counsel who shall prosecute same as provided herein.
D.
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, and the violation order has been served, but the violation has not been remedied within the time limit specified in such violation order, the City may remedy the violation in accordance with Chapter 126 and Chapter 226 of the City Code of Ordinances.
Failure to comply with a violation order, within the time limit
stated therein, shall constitute .an offense. A person convicted of
an offense shall be punished by a fine not to exceed $500, or in the
court's discretion, a sentence of community service in accordance
with the New York State Penal Law. Each day that a violation continues
shall be deemed a separate offense and shall subject the occupant
to an additional penalty as provided above.
Unless otherwise provided for by state or federal law or the
provisions of a lease, the compliance with the provisions of this
chapter shall constitute a substantial obligation of every residential
tenancy and the violation thereof shall be grounds for termination
of the tenancy.
