Under the New York City Administrative Code §27-2013, landlords must maintain their rental properties in good condition, which includes regular painting maintenance.
This requirement ensures that rental units remain habitable and well-maintained, contributing to the overall quality of life for tenants.
The Three Year Rule
The foundation of NYC’s painting requirements is the “three-year rule.” This regulation mandates that landlords must paint occupied apartments every three years, regardless of the paint’s current condition.
The requirement applies to every room in the apartment, from bedrooms to bathrooms and kitchens.
Key points about the 3 year rule:
- Must paint all rooms every three years
- Landlords bear all painting costs
- Requirement applies regardless of wall condition
- Cycle begins from the date of last painting
Exceptions to the 3 Year Rule
While the three-year requirement is standard, the law recognizes that some situations warrant flexibility. Tenants can waive their right to painting if they agree in writing that their apartment doesn’t need it.
Safety Requirements
Professional application is equally important as paint quality. The work must be performed in a workmanlike manner, ensuring even coverage and proper preparation of surfaces.
All paint used must be suitable for residential use and meet specific quality standards to ensure durability and safety. The city strictly prohibits the use of lead-based paint, reflecting decades of research on its health hazards.
Landlord Responsibilities
Landlords bear significant responsibilities in maintaining painted surfaces in rental units. They must not only schedule and coordinate painting every three years but also ensure the work is performed by qualified, licensed and insured professionals. This includes providing adequate notice to tenants before beginning work and maintaining detailed records of painting dates and work performed.
Additionally, landlords must cover all costs associated with routine painting—these expenses cannot be passed on to tenants through rent increases or deductions from security deposits.
Tenant Rights
Tenants have specific rights regarding apartment painting that are protected by law. They can request painting when the three-year cycle is due and file complaints with the Housing Preservation & Development (HPD) if their landlord fails to comply.
Tenants are entitled to receive adequate notice before painting begins, allowing them to prepare their living space and make necessary arrangements during the work period.
To Learn More Visit NYC’s Website With Frequently Asked Questions About Tenants Rights.
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