Chelsea Hotel Tenants Must Provide Access for Fire Safety System Installation
LVT Number: #33580
Landlord of a residential hotel sued certain building tenants in 2022, seeking an order requiring them to provide access so that landlord could complete installation of a building-wide life and fire safety system. The court denied landlord's motion for a preliminary injunction against tenants in 2022, finding that landlord needed additional proof that the proposed speakers and emergency voice and alarm communication systems were legally required to be installed inside the apartments, and to provide specifications of the system components. Landlord later returned to court and stated that, out of 50 permanent tenants, only six still refused access. Landlord again sought an order directing the tenants to provide access.
The court ruled for landlord and gave tenants 60 days to comply. Landlord had an obligation to comply with the NYC Fire Code and also the Building Code provision requiring smoke detectors, alarms, and communication speakers within each unit. The building was a residential hotel in which legal occupancy changed in 2014. This triggered landlord's obligation to upgrade the fire system to install one-way communication within dwelling units. Landlord's witness testified that the speakers to be installed were "dummy" devices that couldn't be connected to the internet and had no wi-fi connection. Landlord also presented a 2023 FDNY Letter of Approval for landlord's proposed system. The Housing Maintenance Code also prohibited tenants from refusing to grant landlord access to make repairs or improvements required by law.
Chelsea Hotel Owner LLC v. Martin: Index No. 152929/2022, 2025 NY Slip Op 30074(U)(Sup. Ct. NY; 1/7/25; Kotler, J)