Key points
- Resident board members may affect the proximity requirement for building personnel.
- Adequate janitorial services are still required.
- Boards should document contractor competence and maintain reliable service records.
Many condominium boards want to avoid the expense and logistics of a live-in superintendent, particularly where board members already reside on-site. New York law can accommodate that arrangement—but the residency exception and the duty to provide adequate maintenance are separate requirements.
The residency rule
Multiple Dwelling Law § 83 generally requires a janitor, housekeeper, or other responsible person to live in a multiple dwelling—or within 200 feet—when the owner does not reside there. New York City’s Housing Maintenance Code § 27-2053 and § 27-2054 impose related requirements for janitorial services and the responsible person’s proximity to the building.
Resident board members can count as resident ownership
In Hatcher v. Board of Managers of 420 W. 23 St. Condominium, 2006 NY Slip Op 26234, the Appellate Term treated a condominium board whose members lived in the building as the resident owner for purposes of the residency requirement. The decision supports the position that a separate live-in superintendent may not be required when resident board members satisfy that role.
That does not mean a board may dispense with maintenance staffing. It means the person performing the janitorial work may be able to live farther away when ownership is already represented on-site.
Resident board members may answer the proximity question; a qualified maintenance person must still answer the service question.
Adequate service and competence still matter
Housing Maintenance Code § 27-2053 requires adequate janitorial services. In addition, § 27-2055 requires the person performing those services to be competent or to complete qualifying training. A part-time or off-site contractor can work, but the arrangement must be sufficient for the building’s actual needs.
The analysis is functional, not merely contractual. A board should be able to show that common areas are cleaned, refuse is handled, building systems receive appropriate attention, and maintenance issues are addressed on a reliable schedule.
Four steps for boards without a live-in super
1. Confirm resident-board coverage
Document which board members reside in the building and confirm that the arrangement fits the statutory and code framework. Changes in board composition or residence can change the analysis.
2. Retain a qualified maintenance professional
Use a written agreement that clearly identifies the required services, schedule, emergency responsibilities, access arrangements, and reporting obligations. The service level should reflect the building’s size, systems, and condition.
3. Document competence or training
Maintain the contractor’s competency affidavit, qualifying experience, or proof of completion of the applicable HPD-approved course. Credentials should be current and readily available if HPD requests them.
4. Keep service records
Preserve logs, invoices, inspection records, complaints, work orders, and proof of completed maintenance. Records help demonstrate compliance and allow the board to identify gaps before they become violations or litigation.
What this means in practice
A condominium with resident board members may be able to operate without a dedicated live-in superintendent while using a qualified off-site contractor. The arrangement should be deliberate, documented, and periodically reviewed. The board must still provide adequate janitorial services and should be prepared to prove both the worker’s competence and the adequacy of the work performed.