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PAINTING NOTICE
Three
years have past since I moved into my rent stabilized apartment.
I wrote a letter to my landlord to schedule an appointment
to have my apartment painted. Two weeks past and I did not
hear from the landlord. Then to my surprise one morning the
painters showed up with no prior notice! I did not let them
in because I wasn't ready for them and the landlord got upset
with me. Doesn't he have to notify me ahead of time?
Yes. A landlord
is required to give written notice when he/she seeks access
to an apartment.
When a landlord
seeks access to an apartment to make improvements, repairs,
or services (e.g., painting the apartment), the tenant must
be notified within a reasonable time ( preferably in writing)
before the work is to begin. With such reasonable prior notice,
the landlord may enter an apartment in order to provide necessary,
or agreed upon, repairs and services.
However, if an emergency
condition exists, that could result in injury to persons or
damage to property (e.g., gas leak, burst water pipes, etc.),
the landlord is NOT required to give any advance notice whatsoever.
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NEW
YORK CITY NEW LEAD-BASED PAINT LAW
On
August 2, 2004 a new city law, Local Law 1 of 2004, replaces
the City's existing lead paint law. Local Law 1 is the
New York City Childhood Lead Poisoning Prevention Act of 2003.
This law is made to prevent lead paint hazards in housing
and day care facilities for children, under the age of 6,
from lead paint poisoning. Even though New York City
banned lead paint for residential use in 1960, older buildings
may still have lead paint on walls, windows, doors, and other
surfaces.
The
Local Law 1 applies to owners of buildings with three or more
apartments built between 1960 and 1978. The law also
applies to owners of 1 and 2 family homes who have rental
units. PLEASE NOTE: The law only applies
to owners of buildings built in 1978 IF they
know the building contains lead paint.
Local
Law 1 includes new requirements for: Giving notices and pamphlets
to all current and new apartment occupants;
Inspections of apartments & common areas of buildings;
Removal of lead-based paint. The penalties for violating
the new law are stiff and can result owners to be criminally
liable for a fine of up to $500 and/or imprisonment for up
to six months. Owners can also be hit with a civil penalty
of up to $1,500 for each violation.
Owners
must give all apartment occupants notices
and pamphlets from the NYC Housing Preservation
and Development (HPD) and the Department of Health and Mental
Hygiene (DHMH) each year between January 1st and January 16th.
The old law only required owners to give notices to occupants
who have children under the age of 6 residing in the apartment.
These notices and pamphlets must be included in all leases
offered to tenants and must also be in both English and Spanish.
A new occupant must receive the notices and pamphlets at the
time of signing a lease or when the owner agrees to rent the
apartment to the occupant. If there is no lease, then
at the time the new occupant moves in.
Under
Local Law 1, owners are required to make annual inspections
in apartments and common areas of buildings looking for peeling
paint, chewable surfaces, deteriorated subsurface, and friction
and impact surfaces. If the owner knows about a condition
that may cause a lead hazard, or an occupant(s) has complained
about such a condition, more frequent inspections must be
conducted.
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