Stove knob covers availability annual notice v 2024-10 (pdf)

In New York City, property owners are required by law to provide stove knob covers for tenants with gas-powered stoves. This is part of a broader effort by the City to increase safety measures within rental properties, particularly for families with young children, as stove knob covers can prevent accidental gas ignitions, which pose fire hazards and risks of carbon monoxide exposure. Below, I will outline the legal obligations for property owners regarding stove knob covers, referencing the specific local laws, codes, and guidelines that mandate this responsibility.

Overview of NYC’s Stove Knob Cover Requirement

New York City Local Law 117 of 2018 mandates that residential property owners provide stove knob covers for all tenants with gas stoves unless the tenant declines them. This law was enacted to prevent potential accidents, especially in homes with young children who might inadvertently turn on the gas. The law is enforced by the New York City Department of Housing Preservation and Development (HPD).

The law requires:

1. Annual Notification: Property owners must send an annual notice to tenants, informing them of the availability of stove knob covers.
2. Provision of Stove Knob Covers: Property owners must provide stove knob covers to tenants who request them.
3. Tenant Choice to Decline: Tenants have the option to refuse stove knob covers by indicating their refusal on the annual notice.

Legal References and Codes

1. NYC Administrative Code Section 27-2046.4

Under NYC Administrative Code Section 27-2046.4, property owners are specifically required to provide stove knob covers upon request from tenants with gas stoves. The administrative code stipulates that:

• Property owners must deliver an annual notice to tenants regarding the availability of stove knob covers.
• Tenants have the right to accept or refuse stove knob covers.
• If tenants accept, the landlord is responsible for the provision of these covers at no cost.

2. Local Law 117 of 2018

Local Law 117 of 2018 amended the New York City Housing Maintenance Code, specifically requiring property owners to provide stove knob covers for tenants with gas stoves, barring a written refusal from the tenant. This law emphasizes fire safety and protection, particularly in multi-family dwellings.

Local Law 117 also requires:

• The Annual Notice Requirement: This notice must be provided at least once every calendar year to inform tenants about their right to receive stove knob covers.
• Documentation of Tenant Response: Property owners must keep records of tenant responses to the annual notice, showing whether they requested or refused the stove knob covers.

3. Housing Maintenance Code (HMC) Compliance

Failure to comply with the requirement to provide stove knob covers may be deemed a violation of the Housing Maintenance Code (HMC) under Article 4. Property owners who do not comply with the annual notice and provision of stove knob covers could be subject to fines and violations issued by the HPD.

Tenant Rights and Responsibilities

Tenants have the right to:

• Request Stove Knob Covers: Tenants with gas stoves can request stove knob covers from their landlord at no cost.
• Decline Stove Knob Covers: If tenants do not wish to have stove knob covers, they can indicate their refusal by checking the appropriate box on the annual notice. This refusal does not prevent them from requesting covers at a later time if they change their mind.

Upon receiving the annual notice, tenants are encouraged to review their options carefully, particularly if they have young children or other individuals in the household who might be at risk of unintentionally igniting the stove.

Annual Notice Format and Distribution

The annual notice must be delivered to each tenant in a clear, written format, typically along with other required annual notices. The notice should clearly state:

1. The availability of stove knob covers upon request.
2. The procedure for tenants to request or refuse the stove knob covers.
3. A section for tenants to indicate their preference by checking a box, either to request or refuse the covers.

The annual notice can be included with other tenant notifications required by New York City law, such as window guard notices and lead-based paint disclosures. HPD provides sample language for the annual notice, which property owners can use to ensure compliance.

Compliance and Penalties for Non-Compliance

The NYC Department of Housing Preservation and Development (HPD) monitors compliance with the stove knob cover requirement. Property owners who fail to provide stove knob covers upon tenant request, or who fail to distribute the annual notice, may be subject to penalties. These can include:

• Fines: Property owners found in violation of Local Law 117 of 2018 may face civil penalties, typically ranging from $100 to $500 per violation.
• HPD Violations: The HPD may issue a violation for failing to provide stove knob covers or for not sending the annual notice. These violations are generally categorized under maintenance infractions and may affect the property owner’s compliance record with the city.

Steps for Property Owners to Ensure Compliance

To avoid potential fines and ensure tenant safety, property owners should take the following steps:

1. Prepare the Annual Notice: Develop and distribute the annual notice each calendar year, informing tenants of the stove knob cover requirement.
2. Document Tenant Responses: Keep a record of each tenant’s response to the annual notice. If a tenant declines the covers, documentation should be retained to verify compliance.
3. Install Stove Knob Covers Upon Request: For tenants who request covers, property owners should provide and install stove knob covers in a timely manner. Failure to do so may result in penalties.
4. Check for Updates: NYC local laws and HPD guidelines may change over time. Property owners should stay informed about any updates to Local Law 117 or other safety regulations impacting rental properties.

Summary

In summary, Local Law 117 of 2018 and NYC Administrative Code Section 27-2046.4 mandate that property owners in New York City provide stove knob covers for gas-powered stoves upon tenant request. The law requires property owners to distribute an annual notice to tenants informing them of the availability of stove knob covers. Tenants have the option to request or refuse these covers by marking their preference on the notice. Property owners must document tenant responses and provide stove knob covers if requested, failing which they could face penalties from the HPD.

By complying with these regulations, property owners contribute to the safety and well-being of tenants, especially those with young children, reducing the risk of fire hazards and accidental gas ignitions

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