Glen Cove, N.Y., Code of Ordinances ch. 168 § 168-49

A. Application. This chapter shall apply to apartment districts and owners or lessors of apartment dwellings and tenants whose leases are subject to the Emergency Tenant Protection Act or which may be subject to any successor act. It shall not have application to apartment units owned by a cooperative corporation which are occupied by a shareholder under a proprietary lease or to any such dwellings which may be hereinafter owned pursuant to Article 9-B of the Real Property Law commonly known as the "Condominium Act." B. Administration. This chapter shall be administered by the Building Department Administrator of the City of Glen Cove and by the New York State Division of Housing and Community Renewal, or such successor agency, or/and by such other persons, parties or public officials as the City of Glen Cove may appoint or designate. C. Maintenance requirements. (1) General requirements. (a) Exterior wood surfaces of apartment buildings and structures that are not inherently resistant to deterioration shall be periodically treated with protective coating of paint or other suitable preservative. (b) Floors, walls, ceiling, furnishings and fixtures of apartment buildings shall be maintained in a clean and sanitary condition. (2) Specific requirements. The owner or lessor of every multiple dwelling shall be required to comply with the requirements of this subsection in connection with painting or otherwise covering with a suitable substitute the interior surface of all walls and ceilings throughout all public and tenant occupied parts of the apartment dwelling. These requirements are as follows: (a) Repainting surface coverings. [1] Painted surfaces. The painted walls and ceilings in all public and tenant occupied parts of an apartment dwelling shall be repainted or covered with a substitute by the owner or lessor at the owner's or lessor's expense whenever the Building Inspector and/or his or her authorized assistants determine that said surfaces are in an unsanitary or unsightly condition, provided that in no event shall any painted walls or ceilings be repainted less frequently than once every three years. All surfaces shall be painted in a manner so as to thoroughly and uniformly cover all previous coats of paint, and kitchens and bathrooms shall be painted with a washable paint. [2] Surface coverings. Walls and ceilings in all public and tenant occupied parts of a multiple dwelling which have a surface covering shall be recovered or painted by the owner or lessor at the owner's or lessor's expense whenever the Building Inspector and/or his or her authorized assistants determine that said surface coverings are in an unsanitary or unsightly condition. No surface covering shall be placed upon a wall or ceiling unless all existing wallpaper or other surface covering shall be first removed therefrom and such wall or ceiling thoroughly cleaned and repaired. (b) Private agreements. [1] Repainting; tenant waiver and certification. An owner or lessor need not repaint all or a portion of a tenant occupied part of an apartment dwelling after the expiration of three years from the time said premises were last repainted if the tenant agrees in writing to waive such repainting because it is not necessary, and, if in addition, the Building Inspector and/or his or her authorized assistants or other enforcement officers designated herein inspect the premises and verify in writing that repainting of part or all of the premises is unnecessary since the premises or the relevant portion thereof is not in an unsanitary or unsightly condition. [2] Tenant credit for painting. An owner or lessor may satisfy the requirement of repainting or surface covering with respect to tenant occupied parts of the apartment dwelling by permitting the tenant, with consent of the tenant and at the tenant's expense, to repaint and/or place suitable surface coverings on walls and/or ceilings, provided that the owner or lessor pays to the tenant an amount equivalent to that which it would cost to repaint that portion of the tenant occupied premises which the owner or lessor is required to repaint and/or recover as evidenced by a written estimate furnished by a painter mutually agreed upon by the owner and the tenant. (c) Unsightly; definition. The term "unsightly" when used herein shall mean deteriorated, defaced, discolored, stained, peeled, blistered, cracked or spoiled; but shall not relate to the consistency of color combination intentionally selected. D. Enforcement and compliance. (1) It shall be unlawful for the owner or lessor to violate these provisions or to fail to comply with any notice or order of the Building Department Administrator or the New York State Division of Housing and Community Renewal, as the case may be, or any other person or party authorized by the City Council of the City of Glen Cove to enforce the terms and conditions of this Part, any person who does so may be prosecuted and any violations shall be punishable pursuant to Part 2 , Administration and Compliance, §§ 168-51 through 168-63 of this chapter. (2) Compliance. Each owner shall be required to furnish the Building Department Administrator or the New York State Division of Housing and Community Renewal with such information in such form and within such period of time as is requested by the above referred to enforcement authorities, in connection with the enforcement of these requirements, and the failure of any owner to do so shall constitute a violation of this chapter. Any owner or lessor who provides false or misleading information to the Building Department Administrator or other enforcement officer shall also violate these provisions and requirements. E. Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Part shall not affect the validity of any other part of this Part which can be given effect without such invalid part or parts. F. Effective date. This Part shall take effect three days following the publication in the official paper of the City of Glen Cove.