Skip to content
Ask a question
All posts

What are my legal obligations as a landlord to ensure the safety and security of my tenants in New York?

Picture of Chris Battis By   ·  1 minute read

As a landlord in New York, you have numerous legal obligations to ensure the safety and security of your tenants. Some of the key obligations include:

  1. Ensuring that the premises and common areas of your rental property are safe: This includes maintaining electrical and plumbing systems, keeping stairwells and hallways lit and free of any hazards, and ensuring that the building is structurally sound.
  2. Installing and maintaining smoke and carbon monoxide detectors: Landlords are required by law to install and maintain working smoke detectors in every apartment and building, as well as carbon monoxide detectors if the building has a fossil-fuel burning appliance, fireplace, or attached garage.
  3. Providing adequate locks and security measures: Landlords must provide adequate locks on all exterior doors and windows, as well as any common areas, such as laundry rooms or storage areas. They must also address security issues that could compromise tenant safety, such as broken windows, doors, or gates.
  4. Ensuring that the property is free of environmental hazards: Landlords must ensure that their rental property is free of environmental hazards like lead paint, asbestos, or radon.

It is worth noting that there may be some limitations or exceptions to these obligations. For instance, if a tenant causes damage to a smoke detector, the landlord may not be liable for any injuries or damages that result from a failure of the detector to operate. Similarly, if a tenant's actions (such as leaving valuables in plain sight or inviting strangers onto the property) contribute to a security breach, the landlord may not be liable for any resulting injuries or losses. Lastly, landlord obligations may vary based on the size and type of the rental property- smaller buildings may have fewer requirements.

If a landlord fails to meet these obligations, tenants may have legal remedies, including the right to withhold rent, sue for damages, or break their lease agreement without penalty. Therefore, it is advisable to take prompt steps to rectify any safety or security issues as soon as they are reported by the tenant.