Is the tenant required to install radiator covers (in NJ)

Is the tenant required to install radiator covers (in NJ)

Investor · New York City, NY · Member since 2016 · 36 posts · 6 votes

Hi,

A tenant asked me to install radiator covers to protect their newborn when he crawls around.

Does anyone know if this is the responsibility of the landlord?
The rental is located in NJ.

Thanks,

Gerold

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Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes
7y

The pertinent part of the ruling is that the Appellate division found that NJSAC 5:10-14.3(d) requires that radiator covers be provided. A petition for certification has been granted but I do not know when the Supreme Court will hear the appeal. While I fault the father 100% (see below), I am confident the appellate division will be affirmed. 

When the accident occurred, Jimmy was about nine months old,
under the care of his father J.H., Sr. (James) and his step-mother
V.H. (Vera), staying in an apartment rented by L.C. (Linda), Vera's
sister. At some point in the early morning hours, Jimmy had
awakened while sleeping in a car seat, so his father took him to
the bedroom and placed him in a bed to sleep with his ten-year
old step-sister, after swaddling him in blankets to prevent him
from falling off the bed. The bed was adjacent to a steam-heated
iron radiator. The next morning, Jimmy's step-sister discovered
Jimmy lying on the floor with his head pressed against the hot
radiator. After being freed, Jimmy was rushed to the hospital
where it was determined he had third-degree burns over three
percent of his body surface – head, right cheek and left arm.

At the time of the motion, over five years later, the burns had
resulted in permanent scarring.
Due to the seriousness of Jimmy's injury, the Hudson County
Prosecutor's Office's (HCPO) investigated. Their investigation
revealed that the steam heat flowing into the radiator was turned
on and off from a shut-off valve at its base, and that within
approximately two minutes of opening the valve, the cool radiator
became so hot that it was unbearable to touch. The heat flowing
to the radiator could only be manually turned on or off at the
shut-off valve; there was no thermostat control in the apartment
or bedroom to stop or regulate the heat into the radiator when the
room reached a set temperature.

Father was convicted of child abuse. 

So going forward in NJ I think you are on notice- And there is no doubt for those subject to NJ inspections, that they will be looking for them.

With that being said- I find that spending a few bucks on a nice radiator cover can really sell an apartment. I put them in on renovation and people loved them:

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15 Replies

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  • Investor · New York City, NY · Member since 2016 · 36 posts · 6 votes
    7y

    What I of course meant is if the landlord is responsible to install the covers.

  • Chester, VA · Member since 2018 · 30 posts · 5 votes
    7y

    Here is a legal precedent you may be interested in  https://www.law.com/njlawjournal/2018/10/16/high-c...

    According to this case, if it's in the Landlord's control to create a safe environment, they are legally obliged to do so.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    7y

    I would , just to cover my assetts

  • Investor · New York City, NY · Member since 2016 · 36 posts · 6 votes
    7y

    Thanks!

    Any further thoughts or comments from other landlords?

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    7y

    Given the low cost of radiator covers and the desire to keep a tenant happy, I'd do it. You're looking at a few hundred dollars and it will likely create a lot of goodwill with the tenant. I wouldn't even care about a decision on the linked case as the fact the tenant had no control over the radiator is likely a main point in their decision. A burning hot radiator does not make it an unsafe environment. It's a standard known hazard in a house. Lots of known hazards in homes, but that does not mean it isn't a safe environment.

  • Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    7y

    I would approach it as ‘it’s not something we usually would do, but I understand your concern, so we’ll make it happen.’ Build some good will and show that you’re making an extra step for the tenants.

    That said, many hot water radiators don’t get all that hot. All mine I can easily put my hand on without a problem. Steam radiators can get much hotter. I would make sure to talk to the tenant first and confirm it’s not just an unfounded fear based on what someone said. But still leave it as ‘if you want, we’ll install’.

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y

    My impression has been no, they are not required by the state to be provided by the landlord.  NJ publishes the Truth in Renting pamphlet that is pretty comprehensive about tenant's rights.  

    https://www.state.nj.us/dca/divisions/codes/public...

  • Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    7y

    The pertinent part of the ruling is that the Appellate division found that NJSAC 5:10-14.3(d) requires that radiator covers be provided. A petition for certification has been granted but I do not know when the Supreme Court will hear the appeal. While I fault the father 100% (see below), I am confident the appellate division will be affirmed. 

    When the accident occurred, Jimmy was about nine months old,
    under the care of his father J.H., Sr. (James) and his step-mother
    V.H. (Vera), staying in an apartment rented by L.C. (Linda), Vera's
    sister. At some point in the early morning hours, Jimmy had
    awakened while sleeping in a car seat, so his father took him to
    the bedroom and placed him in a bed to sleep with his ten-year
    old step-sister, after swaddling him in blankets to prevent him
    from falling off the bed. The bed was adjacent to a steam-heated
    iron radiator. The next morning, Jimmy's step-sister discovered
    Jimmy lying on the floor with his head pressed against the hot
    radiator. After being freed, Jimmy was rushed to the hospital
    where it was determined he had third-degree burns over three
    percent of his body surface – head, right cheek and left arm.

    At the time of the motion, over five years later, the burns had
    resulted in permanent scarring.
    Due to the seriousness of Jimmy's injury, the Hudson County
    Prosecutor's Office's (HCPO) investigated. Their investigation
    revealed that the steam heat flowing into the radiator was turned
    on and off from a shut-off valve at its base, and that within
    approximately two minutes of opening the valve, the cool radiator
    became so hot that it was unbearable to touch. The heat flowing
    to the radiator could only be manually turned on or off at the
    shut-off valve; there was no thermostat control in the apartment
    or bedroom to stop or regulate the heat into the radiator when the
    room reached a set temperature.

    Father was convicted of child abuse. 

    So going forward in NJ I think you are on notice- And there is no doubt for those subject to NJ inspections, that they will be looking for them.

    With that being said- I find that spending a few bucks on a nice radiator cover can really sell an apartment. I put them in on renovation and people loved them:

  • Rental Property Investor · Long Island, NY · Member since 2015 · 490 posts · 301 votes
    7y

    @Gerold Koch I know that if a tenant with children requests window guards you are required to put them in I feel like if they request the radiator covers you may be in the book for them. And I wouldn’t put it past anyone to have an “accident” after you neglect to install them. I would just put them in if I were you.

  • Rental Property Investor · Beachwood, NJ · Member since 2015 · 132 posts · 50 votes
    7y

    @Gerold Koch

    I'd install them right away.

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y

    Thanks @Patrick M., really good to know. I had a green card inspection on my only steam system house within the last 2 years, and radiators were not a problem. My concern is having the system balancing go all wacky if some get covers, they reduce the BTU output.  I have a family with a pre-crawling infant right now, I've discussed covers, I have a pile of them in the basement that I removed as I renovated. Personally, I find the cast iron radiators more attractive.

  • Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    7y

    @Johann Jells it would appear from the opinion that the NJ inspector did not believe they were needed and the court interpreted otherwise, so they will be looking for them going forward.

    With regard to the appearance- I agree in some cases, personally I paid a pretty penny for mine and I like the look and the added shelf space. Some of the sheet metal ones are not very appealing and I imagine just as dangerous to a young infant.

    I also put reflective bubble insulation on the wall behind the radiator, which is not visible with the covers. This supposedly pushes the heat into the room on the side facing the wall.

    We are redoing a 1 bedroom right now with a huge cast iron radiator. We are ripping it out to put in baseboard.

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y
    Originally posted by :

    We are redoing a 1 bedroom right now with a huge cast iron radiator. We are ripping it out to put in baseboard.

     I assume that system was hot water anyway, not steam.  I studied what it would cost to convert my steam 4 family, and it was crazy. Once I got a new gas boiler and managed the thermostats, the cost has been very manageable.

  • Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    7y

    Yup- I have a few spare radiators now- I’ll have to put them on Craigslist. 

  • Investor · New York City, NY · Member since 2016 · 36 posts · 6 votes
    7y

    All, super helpful color, thanks!

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