Smoke and Carbon Monoxide Detectors

New York City law requires the installation and maintenance of smoke detectors and carbon monoxide detectors. Both property owners and tenants have responsibilities to ensure that all New Yorkers remain safe in their homes from the dangers of fire and carbon monoxide poisoning (carbon monoxide is an odorless and highly toxic gas).

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Tenants are responsible for maintaining both devices:

• Test all carbon monoxide and smoke detectors at least once a month.
• Replace the batteries (only the recommended type) in carbon monoxide and smoke detectors at least twice a year.
• Listen for an alarm sound when the battery is low, and replace the battery immediately.
• Never paint over detectors.

Tenants are responsible for replacing a detector which has been stolen, removed, missing, or rendered inoperable during occupancy:

• Tenants who live in a Class A building (permanent occupancy) must reimburse the building owner $25 for each smoke detector and each carbon monoxide detector, or $50 for each joint smoke/carbon monoxide detector that is newly installed or installed as a result of the occupant’s failure to maintain the detector, or where the detector has been lost or damaged by the occupant. The occupant has one year from the date of installation to make a payment.
• Tenants who live in class B buildings (transient use) are not required to reimburse property owners for either device.
• Tenants in private dwellings (1-2 family homes) must reimburse the building owner $25 for each carbon monoxide detector that is newly installed or installed as a result of the occupant’s failure to maintain the detector, or where the detector has been lost or damaged by the occupant. The occupant has one year from the date of installation to make a payment.

Residential owners are required to ensure that tenants are provided with both carbon monoxide and smoke detectors.

Owners of all multiple dwellings (Class A and Class B Multiple Dwellings) and one- and two-family homes (non-owner occupied) are required to:

• Provide and install at least one approved and operational carbon monoxide and smoke detector within each dwelling unit.
  • In Class A Multiple Dwellings, install at least one detector within fifteen feet of the primary entrance to each room lawfully used for sleeping purposes.
  • In Class B Dwellings, install at least one detector within each dwelling unit or a line-operated zoned carbon monoxide and smoke detector system throughout the multiple dwelling in accordance with rules and regulations promulgated by the New York City Department of Buildings.
  • In one- and two-family homes (non-owner occupied units), at least one approved and operational detector within each dwelling unit, including at least one carbon monoxide detector within fifteen feet of the primary entrance to each room lawfully used for sleeping purposes.
  • In Class A Multiple Dwellings, replace any detector within 30 days if it becomes inoperable within one year of installation due to a defect and no fault of the occupant.
  • Smoke detectors (provide to HPD): Recordkeeping requirements are contained in Sections 12-01 and 12-03 of Title 28 of the Rules of the City of New York (excluding one- and two-family homes).
  • Carbon monoxide detectors (provide to HPD, DOB, DOHMH or FDNY). Recordkeeping requirements are contained in Sections 12-06 and 12-09 of Chapter 12 of Title 28 of the Rules of the City of New York.
  • Never paint over detectors