Section 27-2013. Painting of public parts and within dwellings  


Latest version.
  • a. In the
      public parts of a multiple dwelling, and in a  tenant-occupied  dwelling
      unit in a one-or two-family dwelling, the owner shall:
        (1)  Paint  or  cover  the  walls and ceilings with wallpaper or other
      acceptable wall covering; and
        (2) Repaint or re-cover the walls and ceilings with wallpaper or other
      acceptable wall covering whenever necessary  in  the  judgement  of  the
      department to keep such surfaces sanitary.
        b. In occupied dwelling units in a multiple dwelling, the owner shall:
        (1)  Paint  or  cover  the  walls and ceilings with wallpaper or other
      acceptable wall covering; and
        (2) Repaint or re-cover the walls and ceilings with wallpaper or other
      acceptable wall covering every three years, and more often when required
      by contract or other provisions of law.
        c. The department may require  a  tenant  of  a  dwelling  unit  in  a
      multiple dwelling to repaint or re-cover the interior walls and ceilings
      of  such  tenant's dwelling unit with wallpaper or other acceptable wall
      covering if such walls and ceilings become unsanitary at any time within
      three years from the date of the last refinishing by the owner. However,
      if the tenant can show, to the satisfaction of the department, that  the
      walls  and  ceilings have become unsanitary through no act or neglect of
      his or her own or of such tenant's family or guests, the department  may
      require the owner to repaint or re-cover the same. This subdivision does
      not  relieve  the  owner  from  his or her duties under paragraph two of
      subdivision b of this section.
        d. The owner and tenant of any dwelling unit in  a  multiple  dwelling
      may,  by voluntary agreement, provide that the owner need not repaint in
      such unit as required by paragraph two of subdivision b of this  section
      for  such  additional  period, not to exceed two years, as may be agreed
      upon.  Such an agreement to extend the time for repainting shall not  be
      valid  unless  it has been entered into not earlier than one month prior
      to the expiration of the three-year period, and shall not form  part  of
      any  agreement  of  lease. The department may prescribe the form of such
      agreements,  require  them  to  be  filed,  and  may  make  such   other
      regulations  as  may  be  necessary  to  avoid abuse, and to further the
      purposes of this article. Notwithstanding any agreement, the  department
      may,  during  the  period  for which repainting is deferred by agreement
      order repainting by the owner in any dwelling unit when deemed necessary
      to keep the walls and ceilings of such unit sanitary.  This  subdivision
      shall  not  affect  the  applicability  of subdivision c of this section
      during the three years after any repainting or re-covering.
        e. Neither the owner nor a tenant  of  a  dwelling  unit  shall  place
      wallpaper  or  wall  covering  upon  a  wall or ceiling in the public or
      tenant-occupied parts of a dwelling unless existing  wallpaper  or  wall
      covering  is  first  removed  and  such  wall  or ceiling is cleaned and
      repaired. However, if wallpaper or wall covering is in  good  condition,
      free  from  vermin  and a coat of acceptable paint or sizing is applied,
      one additional layer of wallpaper or wall covering may be applied.
        f. Nothing contained in this section shall be deemed  to  require  the
      owner of a dwelling to cover with wallpaper or other acceptable covering
      any wall or ceiling not previously so covered by such owner. When a wall
      or  ceiling  of  a  dwelling  unit  has  been decorated with paper, wood
      paneling, or other material over which paint normally  is  not  applied,
      the  owner  shall  be  relieved  of  his or her obligation to repaint or
      re-cover such wall or ceiling so long as the same remains in a  sanitary
      condition,  in  the  judgment  of  the  department.  When the department
      requires redecoration of such wall or ceiling, the tenant  shall  remove
      any  paper,  wall  covering,  wood paneling or other material which such
    
      tenant has applied before the owner is required to clean and repair  and
      repaint  or  re-cover.  However,  if  the  owner  or a former tenant has
      applied paper, wall covering, wood paneling or other material, the owner
      shall be responsible for its removal before redecoration.
        g.  The  owner  of a multiple dwelling shall keep and maintain records
      relating to the refinishing of public parts and dwelling  units  showing
      when  such parts were last painted or papered or covered with acceptable
      material and who performed the work.  Such  records  shall  be  open  to
      inspection  by  the department, and shall be submitted to the department
      upon request.