NYC Housing Maintenance Code § 27-2038 · cited Dec 18, 1978 – Jul 17, 2026
2,839 NYC housing violations have been issued under NYC Housing Maintenance Code § 27-2038, which is 0.0% of every HPD violation attributed to a section. 1,279 are still open, 1,273 of them past the legal deadline on the notice.
The median legal deadline on a § 27-2038 notice is 35 days. The median violation that got fixed took 987 days to reach “violation closed”, measured across 1,223 closed violations.
The most common orders written under this section, in HPD’s own wording.
| BROOKLYN | 757 | |
|---|---|---|
| QUEENS | 276 | |
| BRONX | 153 | |
| STATEN ISLAND | 49 | |
| MANHATTAN | 44 |
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§ 27-2038 Electric lighting fixtures required in certain public parts of dwellings.
a. Subject to any stricter minimum lighting requirement that may be applicable pursuant to the multiple dwelling law, in every multiple dwelling and tenant-occupied two-family dwelling light from electric lighting fixtures and daylight shall in the aggregate provide an illumination level of no less than one foot-candle, measured at the floor level, throughout all public hallways, stairs, fire stairs, and fire towers at all times of the day and night and throughout common laundry rooms at all times that such rooms are occupied. The owner shall install, position, operate and maintain sufficient electric lighting fixtures to assure that the required illumination level is maintained.
b. The owner of a multiple dwelling shall keep electric lighting fixtures on continuously, during the day as well as at night, in every fire stair and fire tower and in every stairway and public hall with no window opening on a street, court, yard, space above a setback or shaft supplying sufficient illumination to maintain the required illumination level during the daylight hours.
c. Photosensor lighting controls may be used to control electric lighting fixtures in public halls and stairs according to the amount of daylight available provided that the level of illumination required by subdivision a of this section is maintained at all times and the switch controllers are equipped for fail-safe operation ensuring that if the sensor or control fails, the lighting levels will be at the levels required by subdivision a of this section.
d. Automatic, occupant sensor or photosensor lighting controls may be used to operate lighting fixtures in common laundry rooms, provided that all of the following conditions are satisfied: 1. the switch controllers are equipped for fail-safe operation ensuring that if the sensor or control fails, the lighting levels will be at the levels required by subdivision a of this section; 2. for occupant sensors, the illumination times are set for a maximum thirty minute duration; and 3. for occupant sensors, the sensor is activated by any occupant movement in the area served by the lighting fixtures.
e. For the purposes of this section the term "photosensor" means a device that detects the presence of visible light and the term "occupant sensor" means a device that detects the presence or absence of people within an area and causes lighting to be regulated accordingly. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/052.
Current through Local Law 2026/116, enacted July 11, 2026 · enacted municipal law, in the public domain · official publication
NYC Housing Maintenance Code § 27-2038, "Electric lighting fixtures required in certain public parts of dwellings", is cited on a violation when an HPD inspector finds the condition it covers. Subject to any stricter minimum lighting requirement that may be applicable pursuant to the multiple dwelling law, in every multiple dwelling and tenant-occupied two-family dwelling light from electric lighting fixtures and daylight shall in the aggregate provide an illumination level of no less than one foot-candle, measured at the floor level, throughout all public hallways, stairs, fire stairs, and fire towers at all times of the day and night and throughout common laundry rooms at all times that such rooms are occupied. The owner shall install, position, operate and maintain sufficient electric lighting fixtures to assure that the required illumination level is maintained.
Each notice carries its own deadline set by the violation's hazard class. Across 2,839 § 27-2038 notices, the median legal deadline was 35 days from the notice date.
Measured across 1,223 § 27-2038 violations that reached "violation closed", the median took 987 days from the notice date, against a median legal deadline of 35 days.
1,144 of 2,839 § 27-2038 notices (40.3%) are marked rent-impairing by HPD. When a rent-impairing violation goes unrepaired, New York's Multiple Dwelling Law § 302-a can let tenants deposit rent with the court instead of paying the owner. The specifics depend on the case.
1,279 § 27-2038 violations are open as of Aug 7, 2026, and 1,273 of them are already past the legal deadline on the notice.
Counted from HPD’s Housing Maintenance Code Violations dataset. Each notice is attributed to a section by HPD’s own order number where one is on record, otherwise by the section its notice text cites. 11,131,117 of the city’s 11,136,167 HPD notices are attributed that way; the share above is a share of those. Figures recomputed Aug 7, 2026.
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In the glossary: Housing Maintenance Code · order number · Class C violation · rent-impairing · all terms