Supers Club of New York - Frequently Asked Questions

Question #843: Can you tell me if it is legal for a super of a co-op to have a basement apartment in a co-op building. Our basement has windows that are actually at ground level. Post your answer

Answer: Yes it is legal, as long as the apartment is listed on the Certificate of Occupancy, and as long as it meets the building (and other applicable) codes. Peter Grech, GBOC

Question #840: I received a safety notice in my apartment today that stated the building is non-fireproof. Is it safe to live on the 6th floor in a non-fireproof apartment building? Post your answer

Answer: "Fireproof" doesn't mean it's impossible to burn, it just means a building is built in such a way that it will catch fire less easily. Older buildings can't be described as fireproof; newer buildings are by code constructed in such a way that a major fire will have a harder time getting started and spreading. Anything will burn given high enough temperatures (remember the WTC on 9/11?) Is it safe to live in a building that isn't classified as fireproof? Is it safe to cross the street? Is it safe to ride in a car, a bus, a subway? It's all relative. You have to weigh your needs (or wants) against what's available or affordable and reach your own decision. Probably more important is the question of getting all the residents in your building educated about what starts fires, and if a fire does start, what do you do to get out and protect yourself and other residents. Here's a good PDF on residential building fire safety. Printing it out and giving copies to the head of each household in your building would be a good idea. Glen Stoltz

Question #832: In a New York City residential high-rise condominium, what constitutes a hallway obstruction - are door mats and wall hangings included? Is there a list? Post your answer

Answer: There is no list published that I am aware of. Put simply, anything in the way that a person can trip or fall over is considered a form of blocking egress, whether those items are movable or fixed. Wall hangings are not considered a trip or fall hazard, therefore as long as they do not stick out of the wall more then a normal 2 inches or so, they are not considered blocking egress. But again, as all answers that pertain to legal and code questions, this is our opinion based on experience. For the legal answer you should ask an attorney. Peter Grech, GBOC

Question #829: I have a 3-family oil-heated house in Brooklyn and the FDNY just issued an ECB violation citing "Rule 3: Storing fuel oil without a valid fire department permit." I can't find any information whatsoever on the need for a permit. Is there such a thing? I'm wondering of the inspector just assumed I converted to gas and never removed the oil tank (not the case). Post your answer

Answer: If your fuel tank capacity is 1,100 gallons or more, or if you have more then one tank where the combined capacity is 1,100 gals or more; then you need to register the tank with the DEC. The FDNY requirement is a separate issue. Now, the code is very technical and over 200 words, too long to type here. Contact the Department of Environmental Conservation (DEC) for more information. Lastly the penalty can be in the thousands of dollars a day (yes, a DAY). Peter Grech, GBOC

Answer: While the last poster is correct about the DEC requirements and fines etc., I wouldn't be alarmed. I've never seen a 3-family with 1,100 gallons of oil in the basement. The FDNY requires you register, I think every 2 years - it doesn't cost a lot. If you do decide to convert to gas and get rid of the tanks make sure you file an affidavit with the FDNY though. Derek Bupp

Question #822: In New York City can a landlord deny certain tenants (rent stabilized), in a 5-floor walk-up, a washer and dryer if there is no laundry room in the building? Post your answer

Answer: Yes, a landlord can deny or not give approval for a tenant to install a dishwasher and / or washing machine in the apartment. In most leases this is written clearly. I have yet to see any lease that does not have a clause that prohibits washers. Peter Grech, GBOC

Question #820: I live in a rental building that has signs clearly stating when garbage can be left by the freight elevator for pickup by the staff. These times are ignored by almost everyone on the floor and the garbage can sometimes be in the hallway for 5-6 hours. Does this violate any fire or sanitation code? Post your answer

Answer: Yes it is actually a violation to leave the garbage in the hallway; in fact, nothing should be left in the hallway at all in the event of an emergency fire exit. So the fact of the matter is, floor mats, umbrella stands, bikes and baby strollers are not allowed. And the same can be said of exit stairwells. Roberto Cardona

Question #819: Is there such a thing as an FDNY-approved air conditioner for use in a fire escape window (these are studio apartments that have two windows side by side facing the fire escape)? Post your answer

Answer: The answer is No. You cannot put any a/c unit on a fire escape route. The a/c unit will interfere with your escape as well as when the unit extends out of the window it may interfere with the escape of others on the fire escape. For more info, call FDNY, Fire Prevention Unit, 9 Metro Tech, 718 992 2000. Peter Grech, GBOC

Question #812: What date is the landlord required to turn the heat on? Post your answer

Answer: Heat requirements for New York City.

Question #811: Do you need a permit for wood stoves in New York State? Post your answer

Answer: In New York State - NO. However, your city or county may require a permit; the insurance company may also require it. Make sure you inform your insurance company that you are installing a wood stove. Naturally, you must follow the local building and fire codes when installing a wood burning (or any other) stove. Peter Grech, GBOC

Question #809: A New York City building inspector gave me a notice of violation for a partition in my living room creating a living room and bedroom. The remedy requires me to obtain a permit or to restore the premises to its prior legal condition. I was told it may be an illegal partition. Firstly, who determines if the partition can remain in the apartment, and secondly, what are the necessary steps to cure this violation. Post your answer

Answer: Who determines if the wall remains? The City of New York makes this determination. You did not state if you own a co-op or condo or are a renter. In any case, you would have needed to follow the rules under the lease or co-op/condo proprietary lease, because these entities also have a say in whether the wall remains or goes. The cure: since you have a violation it's best to hire an expediter. You would need an architect or designer who has a license to draw up plans, and go downtown to the Department of Buildings to file. Peter Grech, GBOC

Question #808: I've read question #756 regarding window air conditioner installation. I'm having a hard time locating the information you refer to regarding the use of brackets and how far the a/c unit extends from the window. Where can I see this information? I've read the Building Code and have searched the Department of Buildings website, but I find nothing specific about legal requirements on the installation of A/Cs. Under the building Code it just mentions appurtenances, but does not give exact details about brackets, etc. I've also read LL11 info, and there is nothing there either. Where can I find detailed information on the correct installation for window air conditioners that comply with LL11? Post your answer

Answer: It is under appurtenances. The building engineer is the one who can guide you as it is NOT written but it is given. 10 inches is the magic number. If the a/c unit extends 10 inches past the glass of the window, it would require brackets that rest on the building wall, or brackets from the inside securing the a/c unit from one side of the window main frame to the other - not to the window itself. Peter Grech, GBOC

Question #807: I'm a New Jersey Black Seal license holder. Can someone tell me, if I want to work in a second job in New York as a boiler operator, what are the requirements? Post your answer

Answer: New York City requires that heavy oil "#6 oil" requires a Certificate of Fitness P-99 for the operator of the boiler. If the boilers use gas, or #2 or #4 - no certificate is required. If the boiler is combination gas and #6 a certificate of fitness is still required. Peter Grech, GBOC

Answer: For a start, see the answers in the Certificates Of Fitness & Exams Section of the Questions By Category.

Question #805: I live in a non-stabilized, non-controlled 4-unit rental building. We had a baby last November and are just getting window guards installed by our landlord. According to NYC law, landlords may pass a $10 charge per guard per window on to tenants in controlled or stabilized buildings, but I cannot find anything outlining how much non-stabilized or controlled tenants may be charged. My landlord expects that we will pay $60 per window on 5 windows for both the cost and installation of the guards (his choice, we found guards for 1/2 price he did). Is this within his rights to do? Post your answer

Answer: Sorry to say that the $10 per window guard rule only applies to rent controlled and rent stabilized tenants. So you will have to pay a fair price for it. Depending on the super's salary and cost of guards, what he is charging may be within reason. Not that I agree with it but that is the way it is. Peter Grech, GBOC

Question #803: This question is related to Question #613. We have a serious rust corrosion condition at the base of our 18" six-story steel chimney stack. Our neighboring building's system has been merged into our stack for over 25 years. We've recently discovered they have installed a high condensing heating system that will surely disintegrate our already compromised stack. If they hedge (as they have been) on footing the bill for repair or separating their high condensing emissions, can we repair our base and cut them off to prevent accelerated corrosion? If so how do we go about this expeditiously? Post your answer

Answer: First of all, you have to establish that the chimney is owned by your building. Second, you need to establish if the building next door has ever received permission to share it. If you own the chimney outright, the cost of repair / replacement is yours. I cannot understand how permission to do what you have said was done. I don't believe a permit was given. You need to try to find out if there ever was a permit granted. I have not heard of sharing of a chimney. Beware trying to work this out before calling the Department of Buildings - once they come in, their findings will be final. If no permission and no permit was given, then your building has the upper hand. Peter Grech, GBOC

Question #797:What is the maximum occupancy allowed in a one bedroom apartment? I have a child on the way and may have to break the lease agreement due to limited space. Will I be penalized for breaking the terms of the lease? Post your answer

Answer: To the best of my knowledge, there is no occupancy maximum in New York City. Check your lease, however, because the least may indeed limit the maximum occupants in an apartment. Peter Grech, GBOC

Question #793: We love to have plants and decorate the lobby. What does the law say about this in a four story building with 12 families. Post your answer

Answer: There is no law against plants in lobbies or public areas. As long as the plants are LIVE plants. If you are going to use fake plants, then those types must have a fire rating and be fireproof. The Fire Department has issues with Christmas trees only, due to the trees having been cut and as they dry out, become a fire hazard. So, Plant away! Please send me a picture, I love gardening. Peter Grech, GBOC

Question #788: I'd like to know if there is any law that requires certain buildings to have live-in supers, as opposed to live out? Post your answer

Answer: The Codes state that a super should either reside in the building or with in 200 feet of it. The code states a minimum size building not how big. Peter Grech, GBOC

Answer: This question, and questions much like it, have been asked and answered many times. Do a site search for the answer or read the Frequently Asked Questions. Glen Stoltz

Answer: Click on the links on the homepage for the NYS Multiple Dwelling Law and the NYC Housing Maintenance. Code. You will find the answers there, in those laws and codes.

Question #785: I live in a co-op that approved a washing machine to be installed 2 years ago. Now they are saying that they did not approve it. I have gone through the motions, and they say that if the city inspector approves it, I can keep it. One of the board members says that a washing machine needs a drain under it. Is this true? I have seen many a washer in this city, and have never seen a drain under it. Also, I had an inspector in over a year ago, and nothing was said. He did not see the washer, but saw that there was going to be one there. Post your answer

Answer: If you have nothing in writing, you probably have no leg to stand on, as far as permission to install a washer. I'm almost positive you do NOT need a drain under a washer in ANY apartment situation. In my two year old building, we have washers installed in all apartments from the beginning - none of which have drains under them. But each washing machine is sitting inside a 2 inch high metal pan, which would take care of catching most leaks, at least for awhile, should they occur. Glen Stoltz

Question #783: Do I need brackets on a air conditioner that is on a fire escape, and it does not stick out beyond building? Post your answer

Answer: NO. Keep in mind that you must have access to the fire escape and the ac unit cannot block in any part the fire escape. Peter Grech, GBOC

Answer:See the answer to Question #756, you may find your answer there.

Question #780: I own a co-op in a four story Queens building and my neighbors, who refuse to use their air conditioner, constantly prop open their self-closing apartment door and place a child gate in the opening. Housing Maintenance Code states: 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; Do I have any legal grounds to demand that my neighbors keep their apartment door closed? This issue is not addressed in our House Rules. I called HPD but was unable to get a clear answer. Post your answer

Answer: Sounds like they are in violation of the fire code. You should let the managing agent know this. As a last resort you could call the Fire Department.

Question #777: Do you need a permit if you are tearing out old radiators to begin work on renovations? Post your answer

Answer: No permit is needed; however be advised if you building was built before 1980 then the contractor MUST follow the Lead Laws, when it comes to safe practice. Most likely the paint is lead paint. Peter Grech, GBOC

Question #764: Is it considered a fire hazard and illegal to have a pilot lit gas cooking stove in an apartment in New York City? Post your answer

Answer: No, it is not illegal, and they still make them. Peter Grech, GBOC

Question #763: Can a tenant connect an antenna to a roof vent stacks, chimneys, or parapet walls? Post your answer

Answer: Most leases will say that the tenant cannot attach anything to the outside of the building or parts thereof, like TV antennas, radio antennas, or satellite dishes. So check your lease. If there is no prohibition written into the lease, then you might want to ask permission first before installing. I know in my building, the above are forbidden. Peter Grech, GBOC

Question #760: Building inspectors declared my apartment illegal, how much time do I have to find a place to stay? Also should I be still paying rent to landlord who now states he is selling the house. Post your answer

Answer: I can not answer these questions since they mainly pertain to the law and not codes. My advice is to ask a lawyer. It would seem reasonable that you have at least 30 days to vacate. Moreover, since the apartment was illegal, why pay the rent. Again, a lawyer would answer these questions and perhaps you may have claims to refund of your prior rent to the owner since he was running an illegal operation. Peter Grech, GBOC

Question #756: I thought I remember reading somewhere that window air conditioner installations now require a support bracket along the top of the unit so that the window is still operable. I have searched the NYC websites, but could not find verification. Can anyone confirm this? Post your answer

Answer: Yes, there is a law which is tacked on to Local Law 11. It is under Appurtenances only. You will not find it under Air Conditioning. Basically it states that an appurtenance, such as an Air Conditioning unit, that extends 10 inches or more past the window glass, must be supported by a bracket that is secured to the ac unit on one end and rests against the side of the building at the other end. If the unit is less the 10 inches past the glass, it may be installed by using a metal bar across the width of the window and secured to the window frame, but not the window itself. As always, check with your buildings architect about this. Peter Grech, GBOC

Question #750: We have child safety bars installed in our apartment windows and when we requested that they be removed to accommodate an air conditioner we were told they cannot be removed once they are in. We don't have children and we weren't told when we moved in that they couldn't be removed. Is this true? Are there any other options to have them removed? Post your answer

Answer: Yes Peter is correct, they can be removed, child window guards are installed with one way screws, to avoid removal by the tenant. There are a couple of ways to remove the screws. They sell special one way screw drivers for such screws, or you can use a cold chisel to remove the heads of the screws, remove the child guard and then use vise grip pliers to remove the rest of the screw. Good luck Roberto Cardona

Answer: Whoever said they cannot be removed once they have been installed, is mistaken. The purpose of child guards are to protect young children. If you no longer have young children, then the guards can be removed. There is no such rule / code / law saying that once they are installed, they stay installed, even though there are no children living in the apartment. Peter Grech, GBOC

Question #749: I have a connex box office on the outside of my building and I need 125 amp service (220V single phase power supply). I know I need to run #2 stranded copper, but what type of conduit would be suitable for above ground use to this building from the main building ? Post your answer

Answer: You will need to consult with a licensed electrician.

Question #748: What are the training requirements and the duties for a person hired as a fire watch? Post your answer

Answer: Fire guards are required in order to reduce the threat of fires in a variety of locations. For example, they are required in places of public assembly, hotels, film studios, construction sites, office buildings and marinas. Fire guards are used when a sprinkler system is not installed, e.g., at construction sites. Fire guards are also used when an automatic fire protection system is shut down while being repaired. The fire guards are responsible for making sure that fire safety regulations are obeyed. Fire guards must have a good working knowledge of basic fire fighting and fire protection techniques. They must know the location of all fire protection devices in their areas of responsibility. They must make sure that these devices are in good working conditions at all times. Peter Grech, GBOC

Question #743: How often is a sprinkler system inspection required by the Fire Department for brownstone buildings? Post your answer

Answer: Brownstone or 70 story building are all the same. Sprinklers are to be inspected every month, using a check list by a holder of a certificate of fitness for sprinkler for your system. This inspection report must be posted near the main sprinkler control valve. Every Five years a pressure test is to be performed by a licensed plumber. Peter Grech, GBOC

Question #736: My apartment is in a rent stabilized multiple dwelling (20 apartments, 4 on each floor) with no super. My question: Is it legal not to have an individual circuit breaker box in each apartment under NYC's law or not? The apartment has no breaker box, and the building has one in the basement (according to the management). Each time a fuse blows, I (or any tenant) have to call the office in Queens to request someone come to the building to reset the breaker. It is very tedious to go through the process. Many of the visitors to my apartment are surprised by the fact that there is no breaker box within the property, and they all say it may be illegal and I should contact NYC. Is it legal or illegal? Post your answer

Answer: No. It is not illegal. Most of the pre-war buildings were built that way due to the shortage of wiring, and the fact that electricity was mostly used for lights and very few appliances. The codes only refer to new construction and / or total rehabs. Peter Grech, GBOC

Question #735: Can tenants say no thank you to window guards? Post your answer

Answer: Yes, some tenants can say no to window guards AS LONG as they do not have children under 10 years old living in the apartment or frequently visiting the apartment. Peter Grech, GBOC

Question #727: Is there a NYC rule or regulation that mandates revolving door maintenance, and if so then what is the rule number? Post your answer

Answer: Yes, there is a code that requires all revolving doors to be inspected and certified twice a year. It is either an Administration Law /code or a BOCA Code. What the exact code numbers are, I do not know. If you wish to hire a firm that can inspect and send in the certification you can call: Roger Soucek, VP at Mac Kenzie Group. 212 227 1630 ex 347. Peter Grech, GBOC

Question #722: I own a co-op in Manhattan and recently I was removing the carpet from all the floors in my apartment. The super told me that by New York city law all the apartments must be 75% covered with carpet. Is this correct? Post your answer

Answer: No, he is wrong. It is not a state or city code or requirement. However, in most leases, including co-ops and condos; there is a provision that would state that up to 80% of the space be carpeted. This does not include kitchens, baths, hallways or closets. Check you lease or the building bylaws. Peter Grech, GBOC

Question #719: I am in the process of having LL11 (Local Law 11) work carried out. This includes removing the railings around my roof area. Knowing that the roof space should be accessible for emergency fire egress, will I be committing a violation if I lock the doors with padlocks in addition to the panic bar Detex units. Or does anyone know a solution to prevent residents being able to gain access to the roof space by pushing the panic bar. Post your answer

Answer: Failure to provide access to the roof is a hazard if there is a fire. Create a not so easy to remove barrier with signage short of the roof door, is my best idea. Dick Koral

Answer: Not just a hazard, but also a VIOLATION. It is a Fire Dept. and HPD violations. Peter Grech, GBOC

Question #715: My thermostat is set for 70 degrees and tenants open windows shortly after that, allowing my energy to fly out the window because it gets extremely hot, so I drop the degrees to 69, then they complain that it doesn't kick on. The thermometer in the hallway almost always reads 72-75 degrees and there is a sensor in the 2nd floor of the building to command the thermostat to allow the boiler to go on when required. If the building temperature is 72-75 and the boiler does not kick on, must I go put it on manually and provide tenants with heat? Just trying to do what is right and at the same time avoiding heating complaints, not to mention that I'm fed up with phone calls regarding the same issue over and over again. Post your answer

Answer: You have not given enough specifics to really address and solve your problem. In larger buildings the heating system is not controlled by a thermostat specifically because of the problems you are having... i.e. the thermostat does not really measure what needs to be controlled. Rather, the heat output is controlled by the OUTSIDE temperature, and then tweaked to your buildings actual needs. You may need t his type of control in your building. Joe Lambert, http://www.leonardpowers.com

Answer: Your heating distribution system is obviously not working properly. You need professional help. I suggest you seek help from Association for Energy Affordability (www.aeanyc.org) a non-profit agency that addresses these problems. Dick Koral

Question #714: I recently bought a sponsor unit in a co-op in Manhattan. I'd like to open a door in one of the walls inside the apartment. Do I need a permit for that ? Post your answer

Answer: The answer is yes, though some people don't bother to get one. What is far more important, are some questions that need to be answered; Is it a bearing wall you are cutting into (you certainly don't want to make the newspapers with a building collapse - rare, but it happens)? What about utilities that might be running through the walls (water, electrical, gas, intercom, phone, etc.)? All these issues, and others have to be properly addressed. My final advice, hire an architect, let him or her assess the physical aspects of your project, obtain the proper permits, and communicate with your co-op board / management / superintendent with the scope of your project. Bill Aristovulos

Question #700: I live in an apartment in Port Henry, NY. My breaker box does not include my kitchen area. I do not have a master shut off switch. I have 8 breakers in the box. Is the set-up of this electrical system up to code? My concern is, if something catches fire in the kitchen, I have no way to turnoff the power source to the kitchen. Post your answer

Answer: I have no idea what the law is in your community. What you describe sounds like a blatant violation of state law. Talk to your county authorities. Dick Koral

Question #696: Is it allowed to install a window that juts out - like a bay window - from the wall above stairs? Post your answer

Answer: In most townships, yes. But there would be a minimum height clearance. You would have to check with your town planner. Also if the window faces the street you may require a permit. Peter Grech, GBOC

Question #692: What is the temperature your landlord is supposed to maintain in your apartment, day and night? Post your answer

Answer: Straight from the horse's mouth, New York City Rent Guidelines Board

Heat (During the heating season, October 1 through May 31)

* Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees;

* Between 10 p.m. and 6 a.m., heat must register at least 55 degrees Fahrenheit when the outside temperature falls below 40 degrees.

Hot Water (24 hours a day, 365 days a year)

* Hot water must register at or above a constant temperature of 120 degrees at the tap.

* If a tub or shower is equipped with an anti-scald valve that prevents the hot water temperature from exceeding 120 degrees, the minimum hot water temperature for that tub or shower is 110 degrees. Bill Aristovulos

Question #687: What requirement is there for discontinuing using an incinerator in an apartment house in New York City? Post your answer

Answer: I thought they were banned from New York City 20 years ago. Your best bet is to call an incinerator repair company and ask them. Controlled Combustion was a major repair company for incinerators, years ago. Peter Grech, GBOC

Question #684: I live in a 70 apartment rental building in New York City. The landlord is painting the public areas. It appears the color scheme in the hallways will be a single color (yellow) for walls and apartment doors, which someone told me is against code, that doors should be readily distinguishable in a fire. Is this true? Post your answer

Answer: Not true. The code only says that the color should be a light color and contain no lead. That's it. Just be glad it's not going to be pink. Peter Grech, GBOC

Question #681: We have a new landlord and he has someone come every three to four days to take out the garbage - that's all. The landlord says he is not getting a super to clean the premises at all. My worry is what if there is a real emergency, water leak etc, he gave us a cell number to call. Meanwhile Con Edison or Keyspan or any other vendor has no access to read the meters or such. Nobody came to clean the sidewalk when we had snow, and of course the heat he gives us the minimal amount of heat, just that the pipes going through the building are hot and not the radiators. Post your answer

Answer: Without knowing how many apartments in the building and city the building is located, I can not answer the question. There are codes that only affect certain size buildings, and these codes vary for city to city within New York State. Peter Grech, GBOC

Question #668: I have a fire escape in my living room that is accessible via two side-by-side windows. Can I have an air conditioner in ONE of the windows? I've had one in for five years, now all of a sudden my landlord is claiming that I need to take it out. NOTE: It's permanently installed. Post your answer

Answer: Under normal circumstances you are permitted to place an a/c unit in a situation such as yours, PROVIDED that the ac unit does not interfere with the egress of the fire escape, i.e., it sticks out on to the fire escape causing a potential tripping or other hazard. Peter Grech, GBOC

Question #666: Anyone know how to avoid installing a standpipe system in a residential building. I got a violation, but is there anyway around it? Post your answer

Answer: Yes there is a way, and that would be to FULLY sprinkler the building. However, this answer should be verified by hiring a professional standpipe / sprinkler firm to confirm my answer.