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Is it legal to rent out the super's apartment in NYC?

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  • Is it legal to rent out the super's apartment in NYC?

    I live in a 400 unit coop complex and our board decided to rent the super's apartment to generate income for the coop, while the building's superintendent does NOT live in the building.

    Is this legal or even allowed?

    Thank you.

  • #2
    This is the exact text from New York State's Multiple Dwelling Law, which is a comprehensive law that covers the construction and habitability of NYC apartments. Section 83 seems to address your question. I would also consult your real estate attorney.

    §83. Janitor or housekeeper.

    Whenever there are thirteen or more families occupying any multiple dwelling and the owner does not reside therein, there shall be a janitor, housekeeper or some other person responsible on behalf of the owner who shall reside in said dwelling, or within a dwelling located within a distance of two hundred feet from said dwelling, and have charge of such dwelling, except that where two or three multiple dwellings are connected or adjoining, one resident janitor shall be sufficient. In every garden-type maisonette dwelling project erected after April eighteenth, nine teen hundred fifty-four, adequate personnel shall be provided for the lawful care and maintenance of such project.


    • #3
      I honestly don't think this is ever enforced, and most coop and condo owners will not even know about this law. Furthermore, I sincerely think most condo or co-op owners have no idea where the super lives, if the superintendent doesn't live in the building.

      Furthermore, who even is the "owner" of a condo or co-op building. For condos, the units are all individually owned. For co-ops, sure the co-op corporation is the technical owner of the entire building. But the co-op corporation is not a natural person.


      • #4
        Thanks for sharing the informative post.