What can I do about getting a hot water heater repaired by my landlord?

Question

I live in New York and I have been without hot water 4 over 48 hours. I notified my landlord 2 days ago.... said they would be out 2 fix it yesterday.... haven't fixed it or even called. Does anyone know what the time limit is for a landlord to make a repair such as this in New York State?

Answer 1

Under the Civil Law, it is the duty of the landlord to fix the hot water heater. If it is not fixed by your landlord, you can fix it or request someone to fix it. The costs incurred in the fixing of the heater can be reimbursed from the landlord or deducted from the rental fees.

Answer 2

Tell your landlord you are contacting a lawyer, you can get one free from legal aid. He would be considered a "slum lord." The laws are the strictest in New York for this offense. His fines would be far larger than fixing the water heater. DO NOT have it fixed yourself, I understand the inconvenience, but that constitutes a contract that you do not have. Let him know if it is not fixed, and you have to go to a hotel, the bills and fines will be sent to him. If you have a friend who has access to an attorney a simple letter on their letterhead will suffice every time. I know I work as a legal specialist and do it for people all the time with our firms letterhead (with the express OK of the attorney I work for).

Answer 3

HABITABILITY AND REPAIRS
WARRANTY OF HABITABILITY

Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law §235-b)

If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for non-payment of rent. In such a case, the tenant may countersue for breach of the warranty.

Rent reductions may be ordered if a court finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services.

A landlord's liability for damages is limited when the failure to provide services is the result of a union-wide building workers' strike. However, a court may award damages to a tenant equal to a share of the landlord's net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services.

In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs.

LANDLORDS' DUTY OF REPAIR

Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)

Answer 4

Call them back up and tell them your in need of a shower would they care if you contacted a plumber and get it replaced the deduct the cost plus your time from the rent. Then see how fast it will be taking care of.

I really don't know about a time limit but two days is far long enough.