N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2006
Duties of tenant (New York City Housing Maintenance Code)
Operative Text
a. A tenant shall, in addition to complying with all provisions of this code and the multiple dwelling law applicable to him or her, be responsible for violations of this code to the extent that he or she has the power to prevent the occurrence of a violation. A tenant has the power to prevent the occurrence of a violation if: (1) It is caused by his or her own wilful act or that of a member of his or her family or household, or a guest; or (2) It is the result of such tenant's gross negligence, neglect or abuse, or the gross negligence, neglect or abuse of a member of his or her family, or household or a guest. b. The tenant, any member of his or her family or household, or his or her guest shall, with respect to the public parts of the premises, be liable if a violation is caused by such tenant's own wilful act, gross negligence, neglect or abuse. c. The fact that a tenant is or may be liable for a violation of this code or any other law or is found liable for civil or criminal penalties does not relieve the owner of his or her obligation to keep the premises, and every part thereof, in good repair.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2006, tenants share responsibility for housing code compliance when a violation stems from their own deliberate actions, the actions of household members or guests, or from gross negligence or abuse within their control. This responsibility extends to violations occurring in common or public areas of the building when caused by the tenant, their household, or guests. Critically, a tenant's liability for a violation does not release the property owner from the independent duty to maintain the premises in good repair.
Plain English — not legal advice.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2006, compliant property owners recognize that tenant liability for self-caused violations does not diminish the owner's own maintenance obligations. Operators generally document conditions carefully to distinguish between violations arising from tenant conduct versus those stemming from the building's physical condition or management. Maintaining thorough inspection records and responding promptly to repair needs helps demonstrate that ownership obligations are being met independently of any tenant-caused issues.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code §§ 27-2001 and 27-2006 establish that tenants hold responsibility for housing code violations they, their household members, or guests cause through willful acts or gross negligence, including in shared common areas. Importantly, the same provision affirms that an owner's duty to keep the premises in good repair remains in place regardless of any tenant liability — meaning tenants retain the right to a maintained dwelling. Tenants who believe an owner is using this provision to avoid repair obligations may consider raising it as a defense in housing court proceedings, filing a complaint with the New York City Department of Housing Preservation and Development, or reaching out to a local tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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