2006 New York Code - Painting Of Public Parts And Within Dwellings.

 
    §  27-2013  Painting  of  public parts and within dwellings. a. In the
  public parts of a multiple dwelling, and in a  tenant-occupied  dwelling
  unit in a one-or two-family dwelling, the owner shall:
    (1)  Paint  or  cover  the  walls and ceilings with wallpaper or other
  acceptable wall covering; and
    (2) Repaint or re-cover the walls and ceilings with wallpaper or other
  acceptable wall covering whenever necessary  in  the  judgement  of  the
  department to keep such surfaces sanitary.
    b. In occupied dwelling units in a multiple dwelling, the owner shall:
    (1)  Paint  or  cover  the  walls and ceilings with wallpaper or other
  acceptable wall covering; and
    (2) Repaint or re-cover the walls and ceilings with wallpaper or other
  acceptable wall covering every three years, and more often when required
  by contract or other provisions of law.
    c. The department may require  a  tenant  of  a  dwelling  unit  in  a
  multiple dwelling to repaint or re-cover the interior walls and ceilings
  of  such  tenant's dwelling unit with wallpaper or other acceptable wall
  covering if such walls and ceilings become unsanitary at any time within
  three years from the date of the last refinishing by the owner. However,
  if the tenant can show, to the satisfaction of the department, that  the
  walls  and  ceilings have become unsanitary through no act or neglect of
  his or her own or of such tenant's family or guests, the department  may
  require the owner to repaint or re-cover the same. This subdivision does
  not  relieve  the  owner  from  his or her duties under paragraph two of
  subdivision b of this section.
    d. The owner and tenant of any dwelling unit in  a  multiple  dwelling
  may,  by voluntary agreement, provide that the owner need not repaint in
  such unit as required by paragraph two of subdivision b of this  section
  for  such  additional  period, not to exceed two years, as may be agreed
  upon.  Such an agreement to extend the time for repainting shall not  be
  valid  unless  it has been entered into not earlier than one month prior
  to the expiration of the three-year period, and shall not form  part  of
  any  agreement  of  lease. The department may prescribe the form of such
  agreements,  require  them  to  be  filed,  and  may  make  such   other
  regulations  as  may  be  necessary  to  avoid abuse, and to further the
  purposes of this article. Notwithstanding any agreement, the  department
  may,  during  the  period  for which repainting is deferred by agreement
  order repainting by the owner in any dwelling unit when deemed necessary
  to keep the walls and ceilings of such unit sanitary.  This  subdivision
  shall  not  affect  the  applicability  of subdivision c of this section
  during the three years after any repainting or re-covering.
    e. Neither the owner nor a tenant  of  a  dwelling  unit  shall  place
  wallpaper  or  wall  covering  upon  a  wall or ceiling in the public or
  tenant-occupied parts of a dwelling unless existing  wallpaper  or  wall
  covering  is  first  removed  and  such  wall  or ceiling is cleaned and
  repaired. However, if wallpaper or wall covering is in  good  condition,
  free  from  vermin  and a coat of acceptable paint or sizing is applied,
  one additional layer of wallpaper or wall covering may be applied.
    f. Nothing contained in this section shall be deemed  to  require  the
  owner of a dwelling to cover with wallpaper or other acceptable covering
  any wall or ceiling not previously so covered by such owner. When a wall
  or  ceiling  of  a  dwelling  unit  has  been decorated with paper, wood
  paneling, or other material over which paint normally  is  not  applied,
  the  owner  shall  be  relieved  of  his or her obligation to repaint or
  re-cover such wall or ceiling so long as the same remains in a  sanitary
  condition,  in  the  judgment  of  the  department.  When the department
  requires redecoration of such wall or ceiling, the tenant  shall  remove
  any  paper,  wall  covering,  wood paneling or other material which such


  tenant has applied before the owner is required to clean and repair  and
  repaint  or  re-cover.  However,  if  the  owner  or a former tenant has
  applied paper, wall covering, wood paneling or other material, the owner
  shall be responsible for its removal before redecoration.
    g.  The  owner  of a multiple dwelling shall keep and maintain records
  relating to the refinishing of public parts and dwelling  units  showing
  when  such parts were last painted or papered or covered with acceptable
  material and who performed the work.  Such  records  shall  be  open  to
  inspection  by  the department, and shall be submitted to the department
  upon request.