4 days ago
Can Sitting on My Fire Escape Result in Fines to My Landlord?
Q: I've lived in a studio apartment in a seven-floor rental building on East 21st Street for 20 years. Today the super told me that I can no longer sit on the fire escape steps outside my window with The New York Times and a cup of coffee because an 'inspector' saw me and the building could incur a big fine. What are the rules?
A: Your super's claim that the building could get a fine for sitting on your fire escape might be overblown, but that doesn't mean that it's a good idea to do it.
For New Yorkers, fire escapes have long been a refuge from roommates or a hot apartment. But they lack safety features like standard railings and can be uneven underfoot. Fire escapes are hazards and people have fallen from them to their deaths.
Keep in mind your own safety and that of your neighbors. You may all need to quickly evacuate in a fire emergency.
'No one should be on those fire escapes, irrespective of who gets fined,' said Steven Ben Gordon, a tenant lawyer.
Mr. Gordon said he supports tenants' rights, but in this case, the safety of all tenants must be prioritized, and that means keeping fire escapes clear.
'If you allow one tenant to hang out there, then other tenants hang out there and it becomes a problem,' he said.
The city's Department of Buildings won't issue a violation to building owners for individuals who are on the fire escape, but warns not to gather on them for safety reasons, according to a department spokesman.
Building inspectors can issue violations to building owners for failure to maintain the fire escape, or for obstructions, such as personal belongings, which could prohibit a quick evacuation.
We asked the Fire Department about its rules, and a spokesperson told us that access to fire escapes and the fire escapes themselves, 'shall be maintained in a safe and operational condition, and continuously maintained free from obstructions and impediments to immediate use in the event of fire or other emergency.'
Setting aside the subject of city law, your landlord could object to your conduct, depending on what is in your lease, said David Kaminsky, a real estate lawyer in Manhattan.
Check to see if your lease has restrictions that prohibit tenants from sitting out there, or prohibit tenants from creating a nuisance or a safety issue for others in the building.
