Is the Super Supposed to Live in the Building?

New York City's Housing Maintenance Code provides:

Sec. D26-22.03 Obligations of owner

a. The owner of a multiple dwelling shall provide adequate janitorial services.

b. In a multiple dwelling of nine or more dwelling units, the owner shall either:

(1) perform the janitorial services himself, if he is a
resident owner; or
(2) provide a janitor; or
(3) provide for janitorial services to be performed on a 24- hour-a-day basis in a manner approved by the
department.

c. The owner of a multiple dwelling or his managing agent in control shall post and maintain in such dwelling a legible sign, conspicuously displayed, containing the janitor's name, address (including apartment number) and telephone number. A new identification sign shall be posted and maintained within five days following a change of janitor. (Subd. c amended by L. L. 1978, No. 28, Sept. 14.)

Sec. D26-22.05 Residence of person performing janitorial services; limitation on number of dwelling units served

The person who performs janitorial services for a multiple dwelling of nine or more dwelling units (other than where janitorial services are performed on a 24-hour-a-day basis under section D26-22.03 (b)(3) shall reside in or within a distance of one block or 200 feet from the dwelling, whichever is greater, unless the owner resides in the multiple dwelling. Where two or three multiple dwellings are connected or adjoining, it shall be sufficient, however, that the person who performs janitorial services resides in one of these, but no person who performs janitorial services for more than one multiple dwelling may service more than 65 dwelling units. Regardless of residence the janitor must have a telephone where the janitor may reasonably be expected to be reached. (Amended by L. L 1978, No. 28, Sept. 14.)

Sec. D26-22.07 Certification of competency

a. Except as provided in subsection (b), the owner who is required to employ a janitor shall certify in writing to the department that his janitor is competent to perform
janitorial services required to be performed by this article in a competent fashion and is capable of operating the
incinerator and the furnace, boiler and other machinery that provides central heat and hot water. The owner shall submit a new certificate of the janitor's competency to the department no later than 60 days after hiring a new janitor.

b. No such certification shall be required concerning a janitor who has satisfactorily completed a course of not less than 15 hours given or approved by the department of buildings in the basic skills required for the performance of janitorial services. Such course should include, but need not be limited to, instruction on operation of the central heating plant; replacement of the smoke pipe from the furnace to the chimney; and the making of necessary minor repairs, such as replacement of washers and water faucets. Courses approved by the department of buildings may he offered by a school, association, labor union or other public agency.

c. This section shall become effective one year following the enactment of this code.