Lucas A. Ferrara in New York Times Real Estate Section, SUPER NO LONGER LIVES IN: CAN THE LANDLORD DO THIS?, March 26, 2006.

Q. I have lived in my rent-stabilized apartment for more than 25 years. The building has 48 units, and we have always had a superintendent who lives in the building. Is it lawful for the new owner, who has brought in new management, to have a super who does not live in the building? ... John McLoughlin, Manhattan

A. Lucas A. Ferrara, a Manhattan real estate lawyer and the editor of The Landlord-Tenant Monthly, said the New York City Housing Maintenance Code requires owners of buildings with nine or more units to provide janitorial services. If the owner lives in the building, he can perform those services himself. Otherwise, he must hire a janitor.

Mr. Ferrara noted that while the terms superintendent and janitor are sometimes used interchangeably, the law uses only the term janitor.

"This individual may reside in the building, but it is not mandatory that he do so," Mr. Ferrara said. But he noted that the law requires the janitor to live within a block of the building or no more than 200 feet away, whichever is greater.

The law also allows an owner to hire an outside company to perform janitorial services, Mr. Ferrara said, but the company must be available on a 24-hour basis every day of the year.

He said that within five days of a change in janitor, an owner is required to post a notice in the building with the new janitor's name, address and telephone number.

Mr. Ferrara said that if residents notice a decrease in services as a result of a change in janitors, the rent-regulated tenants may file a complaint with the state's Division of Housing and Community Renewal. Residents can also withhold part of their rent and raise any problems caused by the change as a defense in any nonpayment case begun by the landlord.