N.Y. ADC. LAW § 27-2013 : NY Code - Section 27-2013: Painting of public parts and within dwellings
Search N.Y. ADC. LAW § 27-2013 : NY Code - Section 27-2013: Painting of public parts and within dwellings
a. In the
public parts of a multiple dwelling, and in a tenant-occupied dwelling
unit in a one-or two-family dwelling, the owner shall:
(1) Paint or cover the walls and ceilings with wallpaper or other
acceptable wall covering; and
(2) Repaint or re-cover the walls and ceilings with wallpaper or other
acceptable wall covering whenever necessary in the judgement of the
department to keep such surfaces sanitary.
b. In occupied dwelling units in a multiple dwelling, the owner shall:
(1) Paint or cover the walls and ceilings with wallpaper or other
acceptable wall covering; and
(2) Repaint or re-cover the walls and ceilings with wallpaper or other
acceptable wall covering every three years, and more often when required
by contract or other provisions of law.
c. The department may require a tenant of a dwelling unit in a
multiple dwelling to repaint or re-cover the interior walls and ceilings
of such tenant's dwelling unit with wallpaper or other acceptable wall
covering if such walls and ceilings become unsanitary at any time within
three years from the date of the last refinishing by the owner. However,
if the tenant can show, to the satisfaction of the department, that the
walls and ceilings have become unsanitary through no act or neglect of
his or her own or of such tenant's family or guests, the department may
require the owner to repaint or re-cover the same. This subdivision does
not relieve the owner from his or her duties under paragraph two of
subdivision b of this section.
d. The owner and tenant of any dwelling unit in a multiple dwelling
may, by voluntary agreement, provide that the owner need not repaint in
such unit as required by paragraph two of subdivision b of this section
for such additional period, not to exceed two years, as may be agreed
upon. Such an agreement to extend the time for repainting shall not be
valid unless it has been entered into not earlier than one month prior
to the expiration of the three-year period, and shall not form part of
any agreement of lease. The department may prescribe the form of such
agreements, require them to be filed, and may make such other
regulations as may be necessary to avoid abuse, and to further the
purposes of this article. Notwithstanding any agreement, the department
may, during the period for which repainting is deferred by agreement
order repainting by the owner in any dwelling unit when deemed necessary
to keep the walls and ceilings of such unit sanitary. This subdivision
shall not affect the applicability of subdivision c of this section
during the three years after any repainting or re-covering.
e. Neither the owner nor a tenant of a dwelling unit shall place
wallpaper or wall covering upon a wall or ceiling in the public or
tenant-occupied parts of a dwelling unless existing wallpaper or wall
covering is first removed and such wall or ceiling is cleaned and
repaired. However, if wallpaper or wall covering is in good condition,
free from vermin and a coat of acceptable paint or sizing is applied,
one additional layer of wallpaper or wall covering may be applied.
f. Nothing contained in this section shall be deemed to require the
owner of a dwelling to cover with wallpaper or other acceptable covering
any wall or ceiling not previously so covered by such owner. When a wall
or ceiling of a dwelling unit has been decorated with paper, wood
paneling, or other material over which paint normally is not applied,
the owner shall be relieved of his or her obligation to repaint or
re-cover such wall or ceiling so long as the same remains in a sanitary
condition, in the judgment of the department. When the department
requires redecoration of such wall or ceiling, the tenant shall remove
any paper, wall covering, wood paneling or other material which such
tenant has applied before the owner is required to clean and repair and
repaint or re-cover. However, if the owner or a former tenant has
applied paper, wall covering, wood paneling or other material, the owner
shall be responsible for its removal before redecoration.
g. The owner of a multiple dwelling shall keep and maintain records
relating to the refinishing of public parts and dwelling units showing
when such parts were last painted or papered or covered with acceptable
material and who performed the work. Such records shall be open to
inspection by the department, and shall be submitted to the department
upon request.
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