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Fire Safety Notice Posting - Access issues

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Fire Safety Notice Posting - Access issues

Postby alinnyc » Tue Dec 03, 2002 12:12 pm

The management in my building has been trying any number of stunts to gain access to tenant apartments. Once they get in, they look for reasons to evict tenants. They are clear hunting expeditions.

Recently, tenants received a form by mail, claiming to be a "Fire Safety Plan." According to the management, the form is from the RSA, but there is no indication on the form itself as to its source. A copy of the form was posted in each lobby in the complex as well.

This mailing was followed up by door delivery by management of a request for access, stating that they will be conducting a "mandatory fire safety notice posting in compliance with the letter ... from the RSA." They claim that they are required by this "plan" to post a copy of the notice on the inside of everyone's apartment door. The letter must also be returned with an appointment time and must by signed by the lease tenant.

The letter does not cite any code or law requiring the posting of such notice inside the apartment doors.

Does anyone know of such regulations or codes? If so, please inform me.

Thanks.
alinnyc
 
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Re: Fire Safety Notice Posting - Access issues

Postby consigliere » Tue Dec 03, 2002 3:45 pm

3 RCNY §43-01(b)(3) of the New York City Fire Department's rules and regulations for Residential Fire Safety Plans and Notices provides:
 
Tenants and other occupants of dwelling units in residential buildings and spaces subject to the requirements of this section shall allow the owner of such premises access to such dwelling unit, upon reasonable notice, for purposes of compliance with this section.
 
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Re: Fire Safety Notice Posting - Access issues

Postby Phil Cohen » Tue Dec 03, 2002 3:52 pm

RSA could mean "Rent Stabilization Assn." In any event, whether it does or not -- and even if there was no fire safety plan law as cited above-- the LL has an absolute right to inspect the apartment if he gives reasonable notice.
Keep in mind that I am a tenant. Not a lawyer!!!!!
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Re: Fire Safety Notice Posting - Access issues

Postby alinnyc » Tue Dec 03, 2002 5:52 pm

Consigliere,

Thanks for the statute. Does it require posting of a notice on the interior of the apartment door?
alinnyc
 
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Location: Manhattan

Re: Fire Safety Notice Posting - Access issues

Postby consigliere » Tue Dec 03, 2002 7:02 pm

3 RCNY §43-01(d)(5)(i) provides:
 
A fire safety notice shall be posted in each of the following locations:
 
(A) Dwelling unit door. On the inside surface of the front or main entrance door of each dwelling unit in the building or space.
 
(B) Common area. In a conspicuous location near any common mailbox area customarily used by the occupants of the building or space, or if there is no common mailbox area, in a conspicuous location in or near the elevators or main stairwell.

 
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Re: Fire Safety Notice Posting - Access issues

Postby Cranky Tenant » Tue Dec 03, 2002 10:38 pm

I received a similar notice a couple of weeks ago There was no indication that the management company would be inspecting apartments, or that the notice had to be posted in any way.

This is at least the second time I've received a notice like this. It simply outlined the escape routes and, as is typical of my LL, omitted the fire escapes in the rear of the builing.
I'm a cranky tenant NOT a cranky lawyer.
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Re: Fire Safety Notice Posting - Access issues

Postby alinnyc » Wed Dec 04, 2002 4:14 pm

My thanks to you all, and thanks again for the statute, Consigliere.
alinnyc
 
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Location: Manhattan


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