The City of New York
HOUSING MAINTENANCE CODE
About the NYC Housing Maintenance Code
The New York City Housing Maintenance Code (HMC)
establishes the minimum standards for health and
safety, fire protection, light and ventilation
cleanliness, repair and maintenance and occupancy
in residential dwellings in New York City.
The reader is advised these are MINIMUM standards
and have little correlation to what most people would
consider acceptable standards.
Read below index for important tips and notes regarding the Housing Maintenance Code.
[Subtitle 1:] Subchapter
1: GENERAL PROVISIONS
[Article __:] Article
1: General Provisions
[Subtitle II:] Subchapter
2: MAINTENANCE, SERVICES, AND UTILITIES
[Article
10:] Article 1: Obligations of Owner and Tenant;
Duty to repair
[Article 11:] Article 2: Cleaning
[Article 12:] Article 3: Painting
[Article 13:] Article 4: Extermination and Rodent
Eradication
[Article 14:] Article 5: Collection of Wastes
[Article 15:] Article 6: Water Supply
[Article 16:] Article 7: Sewers and Drainage
[Article 17:] Article 8: Heat and Hot Water
[Article 18:] Article 9: Gas Appliances
[Article 19:] Article 10: Artificial Lighting
[Article 20:] Article 11: Protective Devices and
Fire Protection
[Article 21:] Article 12: Miscellaneous Services
and Facilities
[Article 22:] Article 13: Janitorial Services
[Subtitle III:] Subchapter
3: PHYSICAL AND OCCUPANCY STANDARDS FOR DWELLING UNITS
[Article
30:] Article 1: Lighting and Ventilation
[Article 31:] Article 2: Sanitary Facilities
[Article 32:] Article 3: Kitchens and Kitchenettes
[Article 33:] Article 4: Minimum Room Sizes and
Occupancy Regulations
[Article 34:] Article 5: Occupancy of Cellars and
Basements
[Article 35:] Article 6: Vacant Multiple Dwellings
[Subtitle IV:] Subchapter
4: ADMINISTRATION
[Article
40:] Article 1: Powers and Functions of the Department
[Article 41:] Article 2: Registration
[Subtitle V:] Subchapter
5: LEGAL REMEDIES AND ENFORCEMENT
[Article
50:] Article 1: Enforcement Actions and
Proceedings in General
[Article 51:] Article 2: Civil Penalty
[Article 52:] Article 3: Criminal Penalty
[Article 53:] Article 4: Injunctive Relief
[Article 54:] Article 5: Repairs by Department
[Article 55:] Article 6: Receivership
[Article 56:] Article 7: Vacate Order
[Article 57:] Article 8: Recovery of Expenses
[Article __:] Article 9: Withdrawal of Single Room Occupancy
Dwelling Units from The Rental Market Prohibited
HMC Tips and Notes
The HMC is administered by the NYC Department of
Housing Preservation and Development (HPD), however
HPD's force of inspectors has been gutted over the
years where it is largely ineffective. During Heating
Season (Oct. to May), when the emphasis is on heat
and hot water, without a court-ordered inspection,
it may be difficult to get an inspection in any reasonable
time.
The HMC does not replace or substitute for other codes relating
to buildings in general (Building Code, Fire Code,
Health Code, or the various rent laws). There is also
overlap of the HMC with the NYS Multiple Dwelling Law.
If tenants can obtain an inspection, it is always advisable
to cooperate fully with the inspector(s), however the tenant
should be cognizant that over the years inspectors (and not
just from HPD) have fallen prey to bribes from landlords
and superintendents. The tenant should always keep an eye
on the inspectors and never let them alone with the owner
or super.
If possible, when the inspector arrives, have at least two
tenants present, a camera to take photos of the problem(s)
and (politely) inform the inspector that you will follow
up shortly with their supervisor to obtain a copy of
the inspection report (and make sure you do so).
Make sure you get the inspector's name and badge number.
It may take a week or two for the violation to appear on
the HPD computer, so don't try to get it the next day. Also
be aware that some conditions may indeed not rise to the
level of violation. Inspectors generally do not care
about the drinking habits or harassment by the super; they
are concerned about the facts -- the conditions for which
they may issue violations.
You may obtain certified copies of inspection reports from HPD. It used to be that the cost
was $5.00 per page. We had heard that someone took HPD
to court on that and won -- which should result in
a fee closer to the Freedom of Information Law (FOIL)
standard of $0.25 per page, but we've also heard that
Mayor Guiliani ordered a fee of $30 to get copies of
violations and inspection reports. You should be able to
obtain a free copies from your local City Councilperson,
State Senator or State Assemblyperson (it may take longer though).
In addition to the problems about which you've complained,
inspectors are supposed to check for: smoke detectors, double
cylinder locks (where a key is needed to operate the lock
from both sides of the door), and illegal fire gates (the
type on which a lock may be placed).
We recognize that some tenants prefer double cylinder locks
and fire gates which may be secured by a lock, but these are
illegal and inspectors will issue a violation if present This will
give a landlord -- who otherwise may not provide heat or hot
water -- an excuse to take you to court for a so-called tenant-caused
violation. It may be better to remove these devices prior
to a visit from the inspector.
Every attempt has been made to conform to the original document;
TenantNet makes no representation
the enclosed material is current or will be applied as written.
The reader is advised that government agencies often fails to properly apply,
interpret or enforce housing laws. Since housing laws are
complex and often contradictory, it is recommended the reader
obtain competent legal advice from a tenant attorney or
counseling from a tenant association or community group.
NOTE:This edition of
the Housing Maintenance Code also includes amendments to the code made by Local
Law 44 of 1988, which was enacted July 11, 1988. The State Legislature, pursuant
to Chapter 907 of the Laws of 1985, repealed, reenacted and renumbered the Administrative
Code of the City of New York, and pursuant to Chapter 839 of Laws of 1986, made
certain technical corrections and changes to the recodified code, of which the
Housing Maintenance Code is a part. For your convenience, this edition contains
the old section numbers of the Housing Maintenance Code shown in brackets, followed
by the new section numbers. In addition, we have also included in this volume
a two-part conversion table beginning on page 101 which lists former to current
and then current to former section numbers for this code. The Table of Contents
lists old and new major headings. Editorial notes pointing out discrepancies
between the former code and the recodified version not specifically indicated
as changes, or references to Local laws that have amended the code since recodification,
are indicated with asterisks and corresponding footnotes at the bottom of the
page. Obvious errors (such as misspellings) are noted within the text with a
[sic] following the particular word.