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every person who shall have contracted or undertaken, or shall be bound, to heat, or to furnish heat for any building or portion thereof, occupied as a home or place of residence of one or more persons, or as a business establishment where one or more persons are employed, to heat, or to furnish heat for every occupied room in such building, or portion thereof, so that a minimum temperature of sixty-eight (68) degrees Fahrenheit may be maintained therein at all such times. Provided, however, the provisions of this section shall not apply to buildings, or portions thereof, used and occupied for trades, businesses, or occupations where high or low temperatures are essential and unavoidable.

For the purpose of this section, wherever a building is heated by means of a furnace, boiler, or other apparatus under the control of the owner, agent, or lessee of such building, such owner, agent, or lessee, in the absence of a contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this section.

The term "at all such times" as used in this section, unless otherwise provided by a contract or agreement, shall include the time between the hours of 6 A. M. and 10 P. M., in a building, or portion thereof, occupied as a home or place of residence, and during the usual working hours established and maintained in a building, or portion thereof, occupied as a business establishment, of each day whenever the outer or street temperature shall fall below fifty (50) degrees Fahrenheit.

The term “contract” as used in this section shall be taken to mean and include a written or verbal contract. (As adopted by the Board of Health, October 17, 1918, and as amended December 11, 1919.)

Sec. 277. Plumbing; to be kept in good order and repair.-All house drains, house sewers, waste and soil-pipes, traps, and water and gas pipes, in any building or premises shall at all times be kept in good order and repair so that no gases or odors shall escape therefrom and so that the same shall not leak; and all vent pipes shall be kept in good order and repair and free from obstructions. (S. C. Sec. 32.)

Sec. 284. Privies and water-closets; maintenance. Every owner, lessee, keeper, or manager of any boarding-house, lodging-house, dwelling-house, and any factory, workroom, store office, or place of business, in which persons are employed, shall provide, or cause to be provided, for the use of the tenants, boarders, lodgers, dwellers or employees therein adequate privies or water-closets, and the same shall be properly lighted and ventilated, and shall at all times be kept in such cleanly and sanitary condition, as not to be offensive or dangerous or detrimental to life or health. And no offensive smell or gases, from any outlet or sewer or from any such privy or water-closet, shall be allowed to pass into any other part of said house, building, or premises, or into any other house, building, or premises. (S. C. Sec. 20.)

STANDARDS FOR VENTILATION IN THE CITY OF NEW YORK 6

1. Temperature.—The temperature in rooms during period of occupancy should register preferably from 60 to 70 degrees Fahrenheit at all times, except when the outside temperature exceeds 60 degrees Fahrenheit. This does not apply to rooms used for special purposes such as industrial places where high or low temperatures are essential and unavoidable.

• Adopted by Board of Health, Dec. 11, 1917.

APPENDIX F

Tenement House Law Provisions and Statement by Commis

sioner Frank Mann

PROVISIONS OF TENEMENT HOUSE LAW 1

Sec. 101. Cellar walls and ceilings.—The cellar walls and ceilings of every tenement house shall be thoroughly whitewashed or painted a light color by the owner and shall be so maintained. Such whitewash or paint shall be renewed whenever necessary, as may be required by the department charged with the enforcement of this chapter. (Tenement House Department.)

Sec. 102. Repairs.-Every tenement house and all the parts thereof shall be kept in good repair, and the roof shall be kept so as not to leak, and all rain water shall be so drained and conveyed therefrom as to prevent its dripping onto the ground or causing dampness in the walls, ceilings, yards or areas.

Sec. 103. Water Supply. Every tenement house shall have water furnished in sufficient quantity at one or more places on each floor occupied by or intended to be occupied by one or more families. The owner shall provide proper and suitable tanks, pumps or other appliances to receive and to distribute an adequate and sufficient supply of such water at each floor in the said house, at all times of the year, during all hours of the day and night. But a failure in the general supply of water by the city authorities shall not be construed to be a failure on the part of such owner, provided that proper and suitable appliances to receive and distribute such water have been provided in said house.

Sec. 104. Cleanliness of buildings. Every tenement house and every part thereof shall be kept clean and free from any accumulation of dirt, filth or garbage or other matter in or on the same,

1 Of the State of New York, Chapter 99, Laws of 1909.

or in the yards, courts, passages, areas or alleys connected with or belonging to the same. The owner of every tenement house or part thereof shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies, water-closets, cesspools drains, halls, cellars, roofs and all other parts of the said tenement house, or part of the house of which he is the owner, to the satisfaction of the department of health (Changed by Greater New York Charter to “Tenement House Department”) and shall keep the said parts of the said tenement house in a cleanly condition at all times. No person shall place filth, urine or fecal matter in any place in a tenement house other than that provided for the same, or keep filth, urine or fecal matter in his apartment or upon his premises such length of time as to create a nuisance.

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STATEMENT BY COMMISSIONER FRANK MANN

The rent law recently enacted affecting the housing situation has indirectly affected the tenement house activities in the following respects:

It has increased the number of complaints received from approximately 800 to 1,500 per week. It has impressed the average tenant with the notion that he or she may compel the landlord to comply with any demand made upon him with the idea that the landlord must decorate the apartments—that is to say, paint or paper. The net result of the increased number of complaints means the necessity for an increased number of inspections and to that extent has intensified the inspection work of the department.

For the benefit of both landlord and tenant it might be well to say that there never was any law on the statute books compelling a landlord to decorate his tenants apartment. Before the housing shortage during the period when the housing supply exceeded the demand-it was invariably the custom of landlords to do so, but it was done voluntarily under the stress of competition and not by any compelling law.

Section 102 of the Tenement House Law provides that “every

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