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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I am looking at two section of law (NYC Rules § Section

Customer Question

I am looking at two section of law (NYC Rules § Section 25-151 and NYC Rules § Section 42-01) which appear to be almost identical except for one section of clause (e)that is included in Section 25-151 but not Section 42-01. Which one should I follow?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
Section 25-151 includes the verbiage: "provided that a majority of tenants in occupancy request or consent in writing", whereas Section 42-01 omits this section.Section 25-151 states: (e) On or after January 1, 1969, every entrance from the street, court, yard or cellar to a class A multiple dwelling erected or converted prior to January 1, 1968 containing eight or more apartments, provided that a majority of tenants in occupancy request or consent in writing, shall be equipped with automatic self-closing and self-locking doors and shall also be equipped with an intercommunication system.Section 42-01 states: (e) On or after January 1, 1969, every entrance from the street, court, yard or cellar to a class A multiple dwelling erected or converted prior to January 1, 1968 containing eight or more apartments, shall be equipped with automatic self-closing and self-locking doors and shall also be equipped with an intercommunication system.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Perhaps it would help to know what specifically you are trying to accomplish. Then I would be able to review the codes and try to see which one is more prudent. Please advise!

Customer: replied 1 year ago.
I manage a pre-war building in NYC that was built in 1900. The building has an intercom system that enables guests to notify the tenant someone is at the door (door bell) and provides video & audio communication; however it doesn't allow tenants to buzz people in from the apt. The tenant will have to go downstairs and physically open the front door. I have a tenant suggesting that I am legally required to provide the buzz-in feature.He referenced Section 42-01 (e) & (h). However after more research on my end, I found Section 25-151 that include key verbiage that states I am required to equip the building with an intercom system only if a majority of tenants in occupancy request it.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

The one that applies would be Section 25-151--that is the specific code pertaining to intercoms while the code that the tenant referenced is the code for definitions. As such, you are not required to provide everyone with an intercom unless the majority of the tenants agree. In this instance your position, specifically that 42-01 does not apply, appears to be correct.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Sorry. I should've clarified. I think you reference section 42 from the Title 1 DOB, which are definitions. The two bodies of law are from different agencies. Section 25-151 is from the Dept of Buildings. Section 42-01 is from the Department of Housing Preservation and Development.Title 1: Department of Buildings - Section 25-151
http://rules.cityofnewyork.us/content/section-25-151-entrance-doors-locks-and-intercommunication-systemsTitle 28: Department of Housing Preservation and Development - Section 42-01
http://rules.cityofnewyork.us/content/section-42-01-entrance-doors-locks-and-intercommunication-systems
Expert:  Dimitry K., Esq. replied 1 year ago.

Hello,

My answer still remains. 42-01 is essentially referring to 'new' construction post January 1, 1969. Since you have an older property, there any renovation or upgrade has to be done as per section 25-151 and requires the consent of the majority of tenants. If this were a newer building, then 42-01 would be utilized, but because this is an older building, it is governed under 25-151 as far as intercoms are concerned.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Thank you. But we did install something recently (the notification system and visual/audio communication system), but not the buzz-in feature. Are we still exempted from 42-01 since we are an older building?
Expert:  Dimitry K., Esq. replied 1 year ago.

Yes, you are. You are exempt because this is an older building and you did not have written consent from the other tenants for the additional features.

Sincerely,

Dimitry, Esq.

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