New York Real Estate Code

The New York Real Estate Code creates the standards for health and safety, fire protection, light and ventilation cleanliness, repair and maintenance and occupancy in housing occupancy in New York. These standards have little connection to what most people would consider acceptable standards.  During the Winter Season (Oct. to May), when the emphasis is on heat and hot water, without an official ordered inspection, it may not be easy to get an inspection in any a short period of time.

If you or a loved have questions or was cited for a code violation.  Contact one of our New York Real Estate Code Attorneys.

The real estate code does not replace or substitute other codes relating to buildings in general building code, fire code, health code, or the various rental property laws. There is also overlap of the real estate with the New York Multiple Dwelling Law. If renters can obtain an official inspection, it is always desirable to cooperate fully with the inspector, however the tenant should be aware that over the years inspectors have fallen victim to bribes from property owners and landlords. The renter should always keep an eye on the inspectors and never leave them alone with the owner or super.

Here is a summary what to do when an inspector arrives to your property:

• Have a least two other tenants present at inspection
• Have a camera to take pictures
• Record inspector’s name and badge number
• Get a copy of inspection for your records

It may take a couple of weeks for the violation to appear on the housing department network, so don't try to get a copy the next day. Also be aware that some situations may not rise to the level of a violation. Inspectors generally do not care about the drinking habits or harassment by the landlord.

In addition to the complaint you filed, real estate inspectors are supposed to check for:  

• Smoke alarm
• Double cylinder locks
• Illegal fire gates

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 is 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. The reader is advised that government agencies often fail to properly apply, interpret or enforce housing laws. Since housing laws are complex and often contradictory, it is recommended to obtain competent legal advice from a tenant attorney or counseling from a tenant association or community group.

If you or a loved one have a housing code citation or unfair inspection, Contact one of our New York Real Estate Code Lawyers.