There are two areas of NYC laws that touch upon this. You are 10 units, so the first definitely applies to you: The first is the Housing Maintenance Code, Article 13, and it states that "a building of 9 apartments or more" is subject to the requirements.

The second is the Multiple Dwelling Law Article 3/title 83, which states "a dwelling with thirteen or more tenants."

Both articles state either/or... a 24 hour janitor or housekeeper or a janitor can reside in the building or a janitor can reside within 200 feet of the building (or the agent or owner lives in the building).

If you have a responsible party for the Condo that lives in the building (the Board President, or the like) who can be responsible in an emergency, you can most likely satisfy the requirements of the Fair Housing Maintenance Code, which is quoted at the top. I would put that person on the Multiple Dwelling Registration of the building as well.

Hi, thanks for your answer. I have a more specific question: We had no heat one Sunday; it was less than 60 degrees in my apartment's bedroom. I notified the board and was told that the plumber would come by on Monday to start the boiler. Similarly, when the temperature goes into the 60's on the weekend, our apartments are too hot and there is no one available to adjust the heat (we have no thermostats in our units). Can we use the tenets of the Multiple Dwelling Law to insist that someone (the part time plumber or whoever) address heating problems over the weekend rather than having to wait till Monday? Thanks for any guidance. On a related note, I would like to investigate making a recommendation for another managing agent. We pay a low amount for their assistance and receive very little in the way of guidance from them. (I think you may have responded to the latter question before and I would greatly appreciate contacting you offline.) Thank you!

NYC has specific heat requirements from Oct 1 through May 31.
6am-10pm, if colder than 55, inside => 68
10pm-6am, if colder than 40, inside => 55
How old is this condo? I can't imagine any building today without some sort of heat-timer or boiler control along with thermostats. If you have a separate hot water system, maybe the boiler was shut down for the summer and just needed to be turned on, as the board member stated.

The building was constructed in the early part of the 20th century and converted to a condo in the late 80's. And the boiler was not shut down for the summer. It was November 2nd and it was 46 degrees F outside. The plumber was called because a leak had to be repaired before the boiler could be turned (back) on. I contend that the plumber should have been paid overtime to repair the leak over the weekend and get the boiler going, rather than the residents having to wait, in discomfort, for the plumber to come in on Monday.

When was the leak discovered? Is anyone keeping an eye on the boiler on a daily basis? Does the condo have a board treasurer? Is there a budget? Regarding the hiring of a super, even part time, costs $$. If you were to hire a part time super, say, 20 hours a week @ a low $10 per hour, it would cost at least $10,000 for a year, plus benefits (social security taxes, workers comp, as a bare minimum). Divided by 10 owners. Every decision has it's pros and cons.

What kind of governance structure do you have and how are decisions made? Currently, who is responsible in your condominium for making decisions like authorizing overtime payment for emergency repair work?

When I asked about how decisions are made one board member said they're made by a consensus of the owners. But given that the president didn't set an agenda for the last annual meeting, and copies of the finances were not made available to discuss at the annual meeting, and no one has distributed notes yet on the meeting though it took place over 4 months ago, I think that this board has not completely thought through or decided on formal decision making processes.

Elisa,

Feel free to email me directly at mblevine@ebmg.com or 212-502-7048 x.201 if you want to still talk offline about this issue. Happy to assist.