Apartment building and mixed-use building insurance in New York
A six-unit building, a block of garden apartments or a Main Street storefront with three apartments upstairs is a business, and it is insured like one: a commercial building policy, liability written for apartments, and workers' comp the day you put a super on payroll. Here is what that package holds, the New York rules that change it, and what I need to quote it. My office is in Clifton Park; I meet owners in person in Albany, Rensselaer, Saratoga, Schenectady, Warren and Washington counties and work by phone, email and video with owners elsewhere in New York.
An apartment building with five or more units, or a storefront with apartments above it, is insured on a commercial policy rather than the landlord form used for one- to four-family houses. It needs the building on replacement cost with loss of rents, ordinance or law cover for an older building, general liability written for apartments, workers' compensation and DBL/PFL for a super or maintenance staff, and an umbrella. New York adds rules that shape it: the warranty of habitability, the Scaffold Law for owners who hire contractors, lead rules for older rentals, and local rental registries and inspections.
The building package
- Building property on replacement cost, with a limit set on what it costs to rebuild today rather than what the building would sell for. Equipment breakdown for boilers, hot water systems and electrical panels; sewer backup by endorsement; flood as a separate policy.
- Loss of rents: the rent you lose while the building is repaired after a covered loss. Set the period to the time a rebuild would really take, permits and inspections included.
- Ordinance or law: demolition, the undamaged part you are made to tear down, and the extra cost of building to current code. On an older building it can decide whether the claim pays for a rebuild.
- General liability written for apartments: falls on stairs, walks and parking areas, injuries in common areas, and damage to a neighbor's property. Read the exclusions for lead, mold, assault and anything about the age of the building.
- Workers' compensation and DBL/PFL for a super, porter or maintenance staff, part-time included.
- Commercial auto for a maintenance truck, or hired and non-owned auto when staff run errands in their own cars.
- Commercial umbrella above the liability, auto and employer's liability limits. A building full of tenants and visitors is where a single serious injury can outrun the primary limit.
New York rules that change the policy
| Rule | What it says | What it means for the insurance |
|---|---|---|
| Warranty of habitability, Real Property Law §235-b | Apartments and common areas must be fit to live in and free of conditions dangerous to health or safety; a tenant can't waive it | Rent abatements are a lease matter; injuries from the condition fall to general liability. Maintenance records matter in both. |
| Scaffold Law, Labor Law §240 | Owners share the duty to protect workers at height; only one- and two-family owners who don't direct the work are exempt | Every contractor's certificate, with you as additional insured, before the work starts. See contractors. |
| Lead rental registry, Public Health Law §1377 | Two or more units built before 1980 in communities of concern; owner certifies free of lead paint hazards after inspections at least every three years | Carriers ask about lead; some policies exclude it. Keep the certification. |
| Federal lead disclosure and RRP rules (EPA) | Disclosure and pamphlet before a lease in pre-1978 housing; certified renovators for paid work that disturbs paint | Hire certified firms and keep the paperwork for three years or longer. |
A Department of State rulemaking notice lists the 25 communities of concern the Department of Health named, among them Albany, Amsterdam, Gloversville, Kingston, Poughkeepsie, Schenectady and Troy. If your building is in one of them and was built before 1980, ask the city's code office where your lead certification stands before you renew.
Rental registries and inspections
Several cities register rental units and inspect them on a cycle. The inspection checks the same things a property carrier asks about, so keep the paperwork with your insurance file.
- Watervliet: a Residential Occupancy Permit inspection every three years for rental units, owner-occupied units exempt, and a separate inspection between tenants. The registry form asks for a local agent who can be reached at all times if you don't live in Albany County or an adjacent county.
- Rensselaer: two emergency contacts living in Rensselaer County or an adjacent county who can reach the building within 30 minutes; registration lasts 24 months, then a new inspection covering smoke and CO detectors, exits, security, structure, electric and water.
- Hudson: a building with a business and apartments files a Mixed-Use Occupancy Registration listing each apartment and its smoke and CO detectors, with test dates.
- Oneonta: a rental Certificate of Compliance is valid for three years, while smoke detector certifications and sprinkler inspections stay annual.
The store downstairs changes the apartments' policy
A restaurant, bar or salon on the ground floor raises the fire and liability exposure for the whole building. Write the commercial lease so the tenant carries its own general liability naming you as additional insured, insures its own improvements and contents, and carries liquor liability if it serves alcohol. Then ask for the certificate every year, not only at signing.
What carriers look at
- Year built, construction, number of stories and units, and sprinklers or fire alarms.
- Dates of the roof, heating, electrical and plumbing updates; fuse panels and old wiring narrow the market.
- Occupancy: long-term leases, student housing, subsidized units, short-term rentals, vacancies.
- Commercial tenants and what they do.
- Lead certifications, local rental permits and open code violations.
- Staff on payroll, outside contractors, and claims history.
What I need to quote
- Address, year built, construction, stories and unit count.
- The rent roll, or total annual rents, and any commercial leases.
- Update dates for roof, heating, electrical and plumbing.
- Current declarations pages and five years of claims.
- Payroll for any staff, and the lender's insurance requirements.
Request a quote. For one to four units, see landlord insurance. The business gap check takes three minutes.
- Real Property Law §235-b, warranty of habitability (NY Senate) — premises and common areas fit for human habitation and free of conditions dangerous, hazardous or detrimental to life, health or safety; a tenant's waiver is void as contrary to public policy; read October 27, 2026
- Labor Law §240, scaffolding and other devices (NY Senate) — duty on all contractors and owners and their agents; exception for owners of one- and two-family dwellings who contract for but do not direct or control the work; read October 27, 2026
- Public Health Law §1377, state rental registry and proactive inspections to identify lead hazards (NY Senate) — residential dwellings with two or more units built before 1980 in communities of concern identified by the Department of Health; excludes cities of one million or more; inspection at least every three years including visual inspection for deteriorated paint, soil and dust wipe sampling; owner certifies the property free of lead paint hazards; read October 27, 2026
- Notice of Emergency Adoption and Proposed Rule Making, 19 NYCRR Part 1203 (NY Department of State) — lists the 25 communities of concern, including Albany, Amsterdam, Gloversville, Kingston, Poughkeepsie, Schenectady and Troy; describes the Department of Health's regulations at 10 NYCRR Subpart 67-5; used here only for the list of communities; read October 27, 2026
- Lead-Based Paint Disclosure Rule, real estate disclosure (U.S. EPA) — landlords of pre-1978 housing disclose known lead-based paint and hazards, give available records and the EPA pamphlet before the lease, attach a Lead Warning Statement, and keep signed disclosures for three years; read October 27, 2026
- Lead Renovation, Repair and Painting Program (U.S. EPA) — anyone paid to perform work that disturbs painted surfaces in pre-1978 homes must be certified; landlords and property managers comply when their work disturbs paint in a pre-1978 rental; read October 27, 2026
- Is workers' compensation coverage required? (NY Workers' Compensation Board) — virtually all employers must provide coverage; part-time, temporary and seasonal workers included; read October 27, 2026
- Disability and Paid Family Leave coverage requirements (NY WCB) — required once an employer has one or more employees on at least 30 days in a calendar year; read October 27, 2026
- Building & Code Enforcement (City of Watervliet) — Residential Occupancy Permit inspection every 3 years for rental units only; owner-occupied units exempt; RUCC inspection after one tenant moves out and before another moves in; read October 27, 2026
- Rental Dwelling Registry form (City of Watervliet Code Enforcement) — number of stories and rental units; a local agent who can be reached at all times if the owner does not live in Albany County or an adjacent county; read October 27, 2026
- Rental Dwelling Registration Form (City of Rensselaer Building and Zoning) — two individual emergency contacts living in Rensselaer County or an adjacent county who can respond within 30 minutes; registration lasts 24 months after the residential occupancy permit, then re-registration with a new inspection; inspection covers smoke and carbon monoxide detectors, egress, cleanliness, unit security, structure, electric and water; read October 27, 2026
- Mixed-Use Occupancy Registration Application, 2026 (City of Hudson Code Enforcement) — owner, establishment and type of business; for each apartment the bedrooms, lease, fire detection devices including CO detectors, whether battery or hardwired, and initial and annual test dates; read October 27, 2026
- Code Enforcement (City of Oneonta) — rental and downtown housing inspections; except for fraternities and sororities a Certificate of Compliance is now valid for 3 years; smoke detector certifications and sprinkler inspections remain annual; read October 27, 2026
Common questions
Short answers to what people ask before they call.
Still have a question? Call (518) 902-8822 or book a call.
I own a three-family house. Is this the right page?
No. One- to four-family houses are insured on a landlord (dwelling) policy, which my landlord insurance page explains. This page is for five or more units, and for a building with a store or office downstairs and apartments above, which needs a commercial policy because of the business on the ground floor, whatever the unit count.
What is ordinance or law coverage, and why does an older building need it?
After a serious loss, the building department will make you rebuild to today's codes, not the codes in force when the building went up. A standard property policy pays to repair what was there. Ordinance or law cover pays for three things it leaves out: the value of the undamaged part you are required to tear down, the cost of demolishing it, and the extra cost of building to current code. On an older building those three can be a large share of the claim, so set each limit deliberately.
Does my liability policy cover a habitability complaint?
Mostly not. Under Real Property Law §235-b every residential lease carries a promise that the apartments and common areas are fit to live in and free of conditions dangerous to health or safety, and a tenant can't waive it. A rent abatement for a broken boiler or a leaking roof is a lease dispute, and a liability policy is written to pay for injury and property damage. Where the condition hurts someone, a fall on a broken stair or a ceiling that comes down, the liability policy is what answers. The protection against the abatement itself is maintenance and records.
Do I need workers' comp for my super?
Yes. The Workers' Compensation Board says virtually all employers must carry it, and that includes part-time workers. A super, porter or maintenance worker on your payroll needs workers' compensation, and DBL and Paid Family Leave once someone has worked for you on 30 days in a calendar year. If the work goes to an outside maintenance company instead, get its certificates before it starts.
Why does the Scaffold Law matter to a building owner?
Labor Law §240 puts the duty to provide proper ladders, scaffolds and other protection on contractors and owners. The only owners it leaves out are owners of one- and two-family dwellings who contract for the work but don't direct or control it, so an apartment building owner is not exempt. A worker who falls from a roof or a ladder on your building can bring the claim to you. Before any roofer, painter or contractor starts, get a certificate showing their general liability and workers' comp, with you named as additional insured, and a written contract with an indemnity clause.
Is lead paint covered?
Read the exclusions before you compare prices, because some habitational liability policies exclude lead. New York's lead rental registry law, Public Health Law §1377, covers residential buildings with two or more units built before 1980 in communities the Department of Health names, and the owner certifies the property free of lead paint hazards after inspections at least every three years. Federal rules add a lead disclosure and pamphlet before a lease is signed in pre-1978 housing, and certified renovators for paid work that disturbs paint. Keep the certifications, disclosures and contractor paperwork; carriers ask.
Do you insure buildings outside the Capital Region?
Yes, anywhere in New York. I meet owners in person in Albany, Rensselaer, Saratoga, Schenectady, Warren and Washington counties and work by phone, email and video everywhere else. Once you choose and the policies are in force, I get you the certificates for your lender, and I handle the audits and claims afterward.
Get a quote for your business
Tell me what you do, where, and roughly what payroll looks like. Quotes come from the private carriers I represent, usually within days.
Where I work
I'm based in Clifton Park and work in person across six counties, the four on the map plus Warren and Washington, or by phone.
Close to the Clifton Park office: Clifton Knolls, Country Knolls, Rexford, Vischer Ferry, Jonesville, Groom's Corners and Halfmoon across Route 9 — I'll come to you at home.
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