NYC Smoke and CO Detector Rules for Landlords

In New York City the owner installs smoke and carbon monoxide (CO) detectors in every apartment and replaces them when they reach the end of their useful life; the tenant keeps them working, changes batteries and replaces any that go missing or get damaged during the tenancy. In most rental buildings the owner can charge the tenant up to $25 per smoke or CO detector, or $50 for a combination unit, and the tenant has a year to pay.

These duties come from the Housing Maintenance Code, NYC Administrative Code §27-2045, and are enforced by HPD, the Department of Buildings, the Fire Department and the Health Department. A missing or broken detector is an HPD violation with a 30-day correction period.

Owner duties vs tenant duties

HPD's tenant guidance adds practical habits: test detectors at least monthly, replace batteries at least twice a year with the type the manufacturer recommends, act on the low-battery chirp right away, and never paint over a detector.

Placement and device type

Smoke detectors must be installed under the Building Code section that applies to the building (Section 907.2 of the current code, or the 1968 code sections for older buildings). HPD says CO detectors go within 15 feet of the primary entrance to each room used for sleeping, and must have an audible end-of-useful-life alarm. Class B buildings (hotels, SROs and other transient housing) may instead use a line-operated, zoned system with central annunciation and a central office tie-in for public corridors and spaces.

The city's rule is built around each device's useful life, so whatever model you buy, write down the manufacturer's expiration date. That date drives your replacement schedule and is one of the records HPD can ask for.

Charging tenants for detectors

In Class A multiple dwellings (ordinary apartment buildings), the tenant must reimburse the owner for a battery-operated device that is newly installed, replaces one past its useful life, or replaces one the tenant lost, damaged or failed to maintain. The caps are:

The tenant has one year from installation to pay. Tenants in Class B (transient) buildings do not reimburse. In a rented one- or two-family home the owner does not have to install smoke detectors under this section, so HPD lists the charge there as $25 for each CO or natural gas detector. The cap covers both providing and installing the device, so you cannot add a separate installation fee or charge more because you paid more. If you bill for a detector, keep the receipt and installation date with the apartment file.

Notices and records

1. 1

   Post the building notice

   Post a notice, in a form approved by HPD, in a common area saying the owner must install and replace devices at the end of their useful life and each occupant must maintain them and replace any lost or damaged during their occupancy. Sample notices are on HPD’s website. For a rented one- or two-family home, give the notice to the occupants instead.
2. 2

   Hand out the information sheet at installation

   Give at least one adult occupant written information on CO poisoning risks, how to test and maintain the devices, what to do if one alarms, the useful life of the devices, and who replaces what. Manufacturer material is allowed.
3. 3

   Keep the records HPD requires

   For each apartment, record the date the notice was posted, the date each device was installed and the expiration date of its useful life, plus proof that devices meet current rules. Make them available to HPD on request.
4. 4

   Check every apartment at turnover

   Before a new tenant moves in, replace any device that was stolen, removed, missing or inoperable at the end of the last tenancy.

What happens if HPD finds a missing detector

HPD inspects for missing or defective smoke and CO detectors on every inspection. HPD's owner guide lists a 30-day period to correct either one. After you fix it, certify the correction on time; see how to certify HPD violation corrections. A detector violation that stays open also shows up on your building's public record, which renters can see on Roofy's building lookup.

Common questions

Can I make the tenant buy and install their own detector?

No. The owner must provide and install the required devices. The tenant's role is maintenance and replacing devices lost or damaged during their tenancy.

Do rented one- and two-family homes follow these rules?

Partly. The code applies to private dwellings rented to someone other than the owner's family, but several smoke-detector paragraphs, such as the posted notice and turnover replacement, expressly exclude private dwellings. CO and gas detector duties still apply. Read §27-2045 or ask HPD if you rent out part of a house.

Where do tenants learn their side?

Point them to smoke and CO detector rules for NYC renters. For the rest of your fire-safety duties, see NYC fire safety rules for owners, and track annual notices with the landlord compliance calendar.

This guide is general information, not legal advice.