Most if not all large co-ops and condos have live-in janitors or superintendents. Consequently, one apartment in the building has to be owned by the board. The board and the owners get no rental income for the apartment. To the contrary, they have to pay all of the expenses. These buildings have always assumed that the law requires them to have a live-in super. But it doesn’t.
A recent case says that, at least as it applies to condominiums, the law does not require live-in janitors or superintendents. The case is called Hatcher v. Board of Managers of the 420 West 23 Street Condominium. Condo boards need to consider whether they want to continue paying for a superintendent’s apartment. Co-op boards will need to wait and see whether the courts extend the rule to co-op buildings.