Q. Can my renter install a temporary wall in her New York City apartment?
A. In order to install a temporary wall in an apartment, a renter must comply with applicable New York City laws and regulations. For example, it is illegal to install a floor-to-ceiling wall in an apartment (even if the wall is intended as a temporary installation) without first obtaining a permit from the New York City Department of Buildings. Furthermore, if the renter installs a wall, then the renter must ensure that (i) all rooms in the apartment meet minimum square foot requirements; (ii) egress routes are not impeded; and (iii) sprinkler coverage areas are not unobstructed. Even where the wall is not a floor-to-ceiling wall, if the installation of the wall results in a change to the layout of the apartment, then the installation of the wall could be problematic. Finally, the particular building may have rules pertaining to the installation of a wall, including a requirement that the renter obtain the prior written consent of the landlord prior to installing a wall. Additionally, a building may prohibit the installation of any temporary wall. If the renter is not sure if the wall meets applicable requirements, then the renter should seek the advice of a professional, such as an architect, contractor or an attorney.
The Legal Line Question by:
Neil B. Garfinkel
REBNY Broker Counsel
Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP