Who is responsible for installing carbon monoxide and smoke detectors in my New York rental?

Your landlord must install required CO and smoke detectors before you move in and replace them if missing or broken at move-in. You are responsible for regular battery changes and testing unless your lease or local code requires sealed units.

Can my landlord charge me for carbon monoxide or smoke detectors?

Yes. Landlords in New York City can charge up to $25 for each device provided to you, but outside NYC, check local rules as fees can vary.

What should I do if my landlord doesn’t fix or install the required detectors?

Notify your landlord in writing, then file a formal complaint with your local building or housing department if they fail to respond promptly. In NYC, use the HPD Housing Code Complaint system.

Are there different rules for apartments versus houses?

No. New York state law applies to all dwelling units, including apartments, houses, and other rentals. However, local ordinances may add further requirements, especially in larger cities.

What happens if I remove or disable a detector?

It is illegal and unsafe to tamper with or remove any required smoke or carbon monoxide detector. Doing so may result in penalties and increases health risks.

New York Carbon Monoxide & Smoke Detector Rental Laws Explained

Health & Safety Standards New York published: June 21, 2025

Renters in New York have important health and safety protections under state law—especially concerning carbon monoxide (CO) and smoke detectors. Understanding your rights and responsibilities is key to maintaining a safe home and ensuring your landlord meets their obligations. This guide covers the latest carbon monoxide and smoke detector laws for renters in New York and what to do if your rental unit isn't compliant.

New York's Laws for Carbon Monoxide & Smoke Detectors

New York law requires every dwelling unit—including apartments and rental homes—to be equipped with both CO and smoke detectors. These devices are crucial for protecting your household from silent, deadly risks. Both state and local codes apply, so your protections might be even stronger if you live in a city like New York City.

Landlord Responsibilities

Install approved carbon monoxide and smoke detectors as required by New York State Multiple Dwelling Law Section 62 and the New York State Multiple Dwelling Law Section 68.
Replace or repair devices when they fail or are missing at the time you move in.
Provide written information about testing and maintaining detectors when you move in.
For carbon monoxide detectors, include units installed within 15 feet of every room used for sleeping (according to New York Executive Law §501-b: Carbon monoxide detection).
Comply with stricter local guidelines (e.g., New York City’s Housing Maintenance Code).

In most cases, the landlord can charge you a small fee (up to $25 in New York City) for each new CO or smoke detector provided.

Renter Responsibilities

Test detectors periodically, as recommended in the manufacturer's instructions.
Replace batteries as needed (unless your building uses sealed, 10-year detectors).
Do not remove or disable detectors.
Notify your landlord in writing if detectors are missing or not working.

Reporting Safety Problems: How to Take Action

If your landlord fails to provide working CO or smoke detectors, you have the right to file a complaint. Taking these steps can help address health and safety hazards quickly and avoid risks.

Notify your landlord in writing of any missing or malfunctioning detectors and keep a copy for your records.
If no action is taken, file a complaint with your local building code enforcement office or the city’s housing department.
In New York City, you can report directly to the Department of Housing Preservation and Development (HPD).

If you live in a city with stricter requirements (like NYC), review your local codes for any extra protections or requirements for renters.

Common Official Forms for Reporting or Complaints

NYC HPD Complaint Form (Online) – For New York City tenants, use the HPD Housing Code Complaint Form to report missing or non-functioning smoke/CO detectors.
Example: Submit this form if your landlord doesn’t fix a faulty smoke detector in your apartment after you’ve notified them in writing.
NYC “Notice of Violation” – Issued by HPD after inspection, this document requires landlords to correct safety hazards. See more about violations and compliance.
No specific statewide form for CO or smoke detector complaints—outside NYC, contact your local code enforcement or health department directly. Find your office on the New York State Local Government Directory.

It’s important to act quickly when reporting serious safety issues to make sure your home stays safe.

What Agency Handles Tenant Complaints?

In New York, the main public tribunal for residential tenancies is the New York City Housing Court (for NYC renters). In other areas, the Town and Village Courts or local housing courts review tenant housing complaints. For rental health and safety issues, start with your city or county housing/building department before going to court.

Relevant Laws for Renters

Frequently Asked Questions

Who is responsible for installing carbon monoxide and smoke detectors in my New York rental?
Your landlord must install required CO and smoke detectors before you move in and replace them if missing or broken at move-in. You are responsible for regular battery changes and testing unless your lease or local code requires sealed units.
Can my landlord charge me for carbon monoxide or smoke detectors?
Yes. Landlords in New York City can charge up to $25 for each device provided to you, but outside NYC, check local rules as fees can vary.
What should I do if my landlord doesn’t fix or install the required detectors?
Notify your landlord in writing, then file a formal complaint with your local building or housing department if they fail to respond promptly. In NYC, use the HPD Housing Code Complaint system.
Are there different rules for apartments versus houses?
No. New York state law applies to all dwelling units, including apartments, houses, and other rentals. However, local ordinances may add further requirements, especially in larger cities.
What happens if I remove or disable a detector?
It is illegal and unsafe to tamper with or remove any required smoke or carbon monoxide detector. Doing so may result in penalties and increases health risks.

Key Takeaways for New York Renters

Landlords are required by law to install and maintain carbon monoxide and smoke detectors in all rental properties.
As a renter, you must regularly test devices and change batteries, and report problems right away.
File an official complaint if your landlord fails to act—your safety rights are protected by state law.

Staying informed and acting promptly can keep your home—and your family—safe from carbon monoxide and fire hazards.

Need Help? Resources for Renters

NYC Department of Housing Preservation and Development (HPD) – For housing complaints in New York City.
Find Your Local Code Enforcement or Housing Department – For renters outside of NYC.
New York City Housing Court – Handles housing disputes and emergencies in NYC.
New York State Attorney General: Landlord-Tenant Rights Guide