Living in New York City means dealing with a fast pace, the proverbial New York minute. When your health is threatened or your quality of life is diminished because your apartment needs repairs and your landlord isn’t responding, that proverbial minute can seem like a lifetime. Leaks, lack of heat and/or hot water, unreasonable noise or pests are just some examples of the type of problems that landlords are required to repair.
If these conditions are not repaired expeditiously, then you must take further action. Here’s what you need to know.
Your right to a livable home
In New York, every residential leased premises gives the tenant a protection called the ‘warranty of habitability’. That means your landlord is legally required to keep your apartment safe and livable, fit for human habitation and for the uses reasonably intended by the parties. This protection applies to all size residential rental buildings including cooperatives; however; it does not apply to condominiums as between the unit owner and the building (it would apply to units rented to a tenant by a unit owner). This protection includes making sure you have basic services like:
- Heat
- Hot water
- Security (like door locks and an intercom)
- Apartment that is free from hazards
Even if your lease doesn’t mention it, this protection still applies and is not waivable.
Common repair issues you might face
Some repair problems happen more often than others. Here are the most frequent issues tenants deal with:
- No heat or hot water during the colder months
- Water leaks that cause damage or mold
- Peeling paint and plaster
- Pest infestations like rats, roaches or bed bugs
- Broken appliances or windows that affect safety
- Unreasonable noise
These aren’t just annoying, they can seriously affect your health and safety. That’s why they’re covered under New York’s housing codes.
Steps you can take to protect yourself
If your landlord isn’t taking action, there are several things you can do to assert your rights and get needed reapirs:
- Notify your landlord in writing: Keep copies of all messages. Provide access as necessary to allow the landlord to inspect and repair.
- Call 311 to request a housing inspection: HPD may issue violations which the landlord is obligated to fix.
- Document everything: Take photos, videos and notes of the problem. Make sure you log whenever and however often the problem occurs
- Consider withholding rent: You may have a legal right to do so as you may be entitled to a partial or complete rent abatement depending on the severity of the condition, but it is important to speak with a knowledgeable tenant lawyer first.
- File an HP Action in Housing Court: The Court can issue an order compelling the landlord to fix the issue. The landlord will have a set time to make the repairs or could be fined by the Court if it fails to do so.
Don’t wait too long
Delaying action can make problems worse and harder to prove. If your health or safety is at risk, act quickly. You don’t want to have to explain why, if the condition was so serious, you waited for months to report it. If you are unsure on how to proceed, speaking with an attorney who deals with cases like this might enlighten you better.
You have the right to live in a home that meets basic standards, and the law is on your side.