New York Safe Occupancy Clause

State:
Multi-State
Control #:
US-OL3042
Format:
Word; 
PDF
Instant download

Description

This office lease clause states that the landlord warrants and represents that the building and premises are suitable for the safe and healthy occupancy by the tenant, its employees, agents, invitees and visitors. Under this clause the landlord is obligation to maintain this condition of the building and premises.

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FAQ

Every window and its assembly in a wall situated on a lot line, except a street line, shall be fireproof; the assembly shall have a fire resistive rating of at least three-quarters of an hour; and the window shall be glazed with wire glass at least one-quarter of an inch thick.

The occupancy load is calculated by dividing the area of a room by its prescribed unit of area per person. Units of area per person for specific buildings can be found in the chart at the end of this article. For instance, the chart dictates that dormitories require 50 square feet of floor area for every room occupant.

§27-2076 Prohibited Occupancies b. No rooming unit shall be occupied by a family with a child under the age of sixteen years, except that if a child is born to a family residing in such accommodations, the unlawful occupancy shall not commence until one year after the birth of such child.

No dwelling unit shall be occupied by a greater number of persons than is permitted by this section. (1) Every person occupying an apartment in a class A or class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a livable area of not less than eighty square feet.

A family may rent one or more living rooms in an apartment to not more than two boarders, roomers or lodgers, if every living room in such apartment has free and unobstructed access to each required exit from such apartment as provided in paragraphs (a), (b) and (c) of subdivision four of section two hundred forty- ...

New buildings must have a CO, and existing buildings must have a current or amended CO when there is a change in use, egress or type of occupancy. No one may legally occupy a building until the Department has issued a CO or Temporary Certificate of Occupancy (TCO).

The Fair Housing Act, enacted by The U.S. Department of Housing and Urban Development (HUD), regulates how many people can live in a rental unit. This law permits two tenants per bedroom ? or four people total ? unless a lower or higher number can be justified.

It shall be unlawful for a landlord to restrict occupancy of residential premises, by express lease terms or otherwise, to a tenant or tenants or to such tenants and immediate family.

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New York Safe Occupancy Clause