Property owners in New York City are responsible for the safety and quality of their apartments. Their tenants should live in safe, well-maintained buildings. Laws to protect tenants include those regarding property maintenance and safety measures designed to prevent and mitigate fire
accidents.
Property Owners’ Responsibility for Fire Prevention and Safety
According to NYC.gov, the following are several of the measures property owners must take to keep tenants safe from fires:
Self-Closing Doors
Residential buildings with three or more apartments must have self-closing doors. The doors must open from the inside without a key. They must be free of obstruction.
Smoke Alarms
All property owners must provide and install smoke detectors in each apartment. Rental apartments also must have at least one working smoke detector where the occupant can hear the alarm inside all sleeping rooms.
Tenants are responsible for maintaining the smoke alarms in their units, including testing them and replacing the batteries.
Fire Escape Plan
Property owners must post fire escape plans inside each apartment door and in the common areas. They must distribute the plans to each unit’s new tenants and annually during Fire Prevention Week. National Fire Prevention Week takes place over the Sunday to Saturday period
during which October 9 falls. The month-long event promotes life-saving practices and home fire safety education.
The plan must contain basic fire safety tips and information about the building, including its type of construction, the types of fire safety systems, and the different ways of exiting the building in case of fire or evacuation.
Clear and Unobstructed Exits
All exits must be clear of obstacles on fire escapes, in hallways, and by all building entrance doors, including roof doors. In addition, only approved security gates that open without a key can be installed on fire escape windows or secondary grade-level exits.
There must be two means of egress (exit) from the apartment building. The primary or first exit is the apartment-unit door that leads into either an unenclosed (not separated by walls and doors) stairway or through a public hallway to an enclosed stairway that leads to the street. The secondary exit should be one of the following, depending upon the building’s date of construction, that also leads directly or indirectly (through a yard) to the street level:
- An additional enclosed stairway accessible from the public hallway (newer buildings)
- An enclosed fire tower (stairway accessible from the public hallway)
- An outside fire escape accessible from within the apartment unit through a window or door
An elevator is never an acceptable means of exit during a fire.
Stove Knob Covers
Gas-powered stoves must have stove knob covers where children under the age of six reside. Property owners must also provide gas-powered-stove knob covers to residents who request them.
Additional Measures
Property owners are also responsible for maintaining safe electrical and plumbing fixtures to prevent fires; prohibiting the collection of boxes, trash, and other debris that can be fire hazards; and correcting activities by tenants and situations that arise that could create a potential for fire.
What to Do If Your Property Owner Does Not Adhere to NYC Required Fire Safety Measures
If any of these issues exist, you should contact the property owner immediately to rectify the situation. If the issue is not resolved, you can register a complaint by calling 311.
When Are Property Owners Liable for Fire Injuries?
A property owner or landlord can be held liable for tenants who are injured in a fire. Negligence may be determined in the following situations:
- Improper or blocked fire exits
- Faulty smoke detectors or fire alarms
- Faulty sprinkler systems
- Blocked stairwells
- Faulty electrical appliances
- Poor building wiring
- Improperly stored flammable materials (old paint, building materials, etc.)
- Other safety hazards
As a tenant, you may sue for damages if a building owner or landlord fails to comply with NYC fire safety regulations. In most circumstances, you must show that the property owner or landlord was aware of or should have been aware of a safety concern but did not take appropriate steps to address the problem. When a property owner is determined to be negligent, he or she may be liable for your injuries and losses, including medical costs, lost time at work, and other financial losses.
What to Do If You Are Injured in an Apartment Fire?
If you or a family member are injured in an apartment fire, seek immediate medical assistance. Also, contact experienced attorneys with a long, successful track record in handling personal injury matters involving NYC apartment fires and negligence cases.
The attorneys at Ronemus & Vilensky have fought for the rights of fire and burn injury victims in some of the most devastating cases in New York City. Many of our cases have involved property owners and landlords who violated city building codes, resulting in apartment fires that injured and killed tenants and displaced many residents.
Just take a look at some of the cases we’ve handled and the victims we’ve represented throughout the last decade. One of the most devastating cases occurred in the Bronx in 2022. Multiple residents died in a fire that spread throughout the apartment building, exacerbated by the property
owner’s and several government authorities’ failure to fix and maintain the building’s smoke alarms and self-closing doors. Ronemus & Vilensky filed a class-action suit for the families’ victims.
Call Ronemus & Vilensky Today
If you or a family member have been injured through no fault of your own, you have rights. The Law
Offices of Ronemus & Vilensky LLP can help you exercise those rights.
