Building Staff Cut Not Likely to Violate Code

Landlord owned two adjoining apartment buildings, each with 47 apartments. Each building had a live-in superintendent. Landlord asked the DHCR if it could eliminate one super's position and make the remaining super, plus a porter, responsible for both buildings without causing a reduction in required services. In an opinion letter, the DHCR pointed out that the Housing Maintenance Code permitted one person who provided janitorial services to two or three adjoining buildings to live in one of these buildings. But the code also stated that this person couldn't provide janitorial services to more than 65 apartments. Janitorial services were defined in the Housing Maintenance Code as cleaning and maintenance, including minor repairs; furnishing heat and hot water; garbage removal; snow removal; and maintaining the sidewalk in front of the building. If landlord's super and porter both provided janitorial services to the 94 apartments in question, there probably would be no violation of the code.

DHCR Opin. Ltr. by Michael B. Rosenblatt (2/22/06) [4-pg. doc.]