New York State Law on Tenant Lease & House Security
In New York, the state's residential landlord and tenant laws require landlords to provide habitable housing. A landlord's warranty of habitability requires her to maintain safe, sanitary and livable housing for her tenants. The state imposes strict requirements on landlords to provide safe housing for their tenants. Under New York law, tenants can use the "deduct and repair" remedy against their landlords who fail to comply with the state's safety and security laws.
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Doors
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New York landlords must provide two-way intercoms allowing tenants to buzz in their guests. Landlords are legally obligated to take necessary precautions against foreseeable criminal acts. A landlord who rents housing in multiple dwelling units built or modified after January 1, 1968, is responsible for installing automatic self-closing doors at all exterior entrances. Unless there is a building attendant on-duty, landlords must ensure the doors are locked at all times. They must also install a two-way intercom in each apartment in buildings with eight or more apartments. For single-family homes, landlords are not required to install self-locking doors or intercoms. Tenants in multiple-unit buildings can request a lobby attendant if they pay for her services.
Locks, Windows and Peepholes
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For multiple-dwelling units, landlords must provide locking doors for each tenant and chained locks that allow the doors to partially open. Tenants have a right to install their own locks but must provide duplicate keys to their landlords and install locks less than 3 inches in circumference. A tenant who fails to supply his landlord with a duplicate key can be evicted for violating his lease. Leases that contain provisions allowing landlords to collect extra fees or rent for installation of tenant-supplied locks are void and against public policy.
Landlords must also install peepholes and secure mailboxes for each tenant. Under New York City law, landlords must install window guards in homes where there are children under 10 years of age and in any homes without children, upon a tenant's request. A tenant cannot refuse the installation of window guards if she has children under age 10, and she may not remove the window guards or otherwise alter them. Every year, landlords must give their tenants a written notice of their window guard rights in lease riders.
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Common Areas
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Landlords who rent multiple dwelling apartment buildings must keep all common areas, including elevators, hallways and stairways, lit from sunset to sunrise. They must maintain proper lighting in common areas and ensure their lights are in working order. A landlord is legally required to install mirrors in elevators in multiple-dwelling buildings. The mirrors must allow tenants to see who is in the elevator before they decide to enter it. Landlords also have a duty to keep their yards and exterior grounds well lit from sunset to sunrise.
Safety Regulations
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New York landlords who rent homes or apartments must install carbon monoxide alarms outside every bedroom, within 15 feet of the doorway. Landlords must install smoke detectors in each unit within multiple-dwelling buildings. They must place their smoke detectors within 10 feet of each bedroom and repair them during the first year of tenancy.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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References
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