Owners must know who occupies each apartment.

As this is written (6/10/97), we are in the last heated days of debate regarding the rent laws. But no matter what the outcome may be, one critical matter will remain constant and of paramount importance to all owners.

If owners are to survive they must have knowledge of all individuals occupying each apartment and they need to take steps to assure that only legally entitled occupants reside within each unit.

Under the NYC Administrative Code, owners are entitled to request and receive an affidavit from each of their tenants listing the names of all apartment occupants, the relationship to the primary tenant, and the ages of anyone in occupancy who is under 21 years of age. Failure on the part of tenants to respond to owners' request is grounds for eviction proceedings.

The current yearly in rein figure of 6,000 is evidence of the fact that building operation is ever more difficult.

Knowledge of occupants is imperative if owners are to protect themselves from a number of potential hazards, including:

* Increased operating costs due to increased occupancy;

* Increased wear and tear on the physical building, which hastens the obsolescence of all systems and appliances;

* Greater exposure to liability;

* Increased difficulties with the Housing Court when lack of repairs and Warranty of Habitability are raised;

* Possible inadvertent acceptance of an occupant as a tenant named on the lease.

It in irrefutable that additional occupants increase operating costs: more fuel for hot water; more garbage and all that is now entailed with recycling and sanitation requirements and fines; and greater necessity for repairs with incumbent labor costs as increased strain is put on all systems, appliances and elevators.

But owners are being continually burdened with new liability and costa, and some may be as yet unforeseen. For example, who would have predicted several years back that increased water charges would cause many buildings to go under? With the onset of universal water-metering, each additional occupant clearly impacts on costs.

Owners should be aware that some courts have held owners responsible to occupants for injuries sustained when muggings or other criminal acts take place within the building. (Several years ago, an owner was held liable to a tenant when a visitor's dog bit him.) Owners also are subject to liability for damages or personal injuries that occur in their buildings from broken windows, bursting hot water pipes, etc. In addition, there are potential damages from environmental causes including injuries resulting from friable asbestos and lead paint dust.

And, obviously, there is a greater degree of responsibility to children regarding window guards and peeling lead paint. Owners cannot eliminate all liability. Thus, insurance is absolutely vital, but, to the extent allowable, owners can limit their potential financial losses from suits by closely monitoring their apartment occupants.

Finally, we want to remind owners that their superintendents are an excellent source of information regarding a building's occupancy. Owners are urged to send all tenants a request by certified mail, return receipt requested, asking them to fully complete information forms regarding all occupants. Sample affidavits, which require notarization of tenant's signature, have been published by several real estate publications.

It has been said that knowledge is power. In the case of housing, knowledge could mean survival.

(Mr. Klein in Chairman of The Bronx Realty Advisory Board, the largest owner-industry organization in The Bronx. BRAB represents more than a thousand owners of 2, 000 buildings housing over 150, 000 residents. It offers members a full range of services, including labor negotiations and representation, informative seminars and periodic newsletters. Over the years, BRAB has participated with other city organizations in bringing and defending all necessary/lawsuits.)