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Condominiums and Flip Taxes

Temporary Partitions

Posted by Debbie Baum in REBNY Legal Question


I am a licensed real estate salesperson and I am representing a prospective tenant who would like to install a temporary partition in a New York City apartment. Can the tenant install the temporary partition in her apartment?


There are several New York City laws and regulations that the tenant must comply with in order to install a temporary partition. For example, it is illegal to install a floor-to-ceiling partition in an apartment without first obtaining a permit from the New York City Department of Buildings. Even if the partition does not run from floor to ceiling, its installation may still be problematic. If the tenant installs a partition, then he or she must ensure that (i) all rooms in the apartment continue to meet minimum square footage, lighting and ventilation requirements; (ii) egress routes are not impeded; and (iii) sprinkler coverage areas are not obstructed. Finally, a particular building may have rules pertaining to the installation of certain partitions, including a requirement that the tenant obtain the prior written consent of the landlord. Some buildings may prohibit the installation of any temporary partitions.

Important Tip:

This is not intended to be an exhaustive list of the rules and regulations a tenant must consider before installing a temporary partition. Tenants should always seek the advice of a professional, such as an architect, contractor or an attorney in order to determine the legality of a temporary partition. As a licensed real estate broker, you should not provide the tenant with advice regarding the legality of a temporary partition.

 Neil B. Garfinkel | Debbie Baum
Neil B. Garfinkel,
REBNY Broker Counsel
Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP
27 Apr 2017 no comments

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