Landlord issues?

Question

I'm having issues with my apt in NYC. Is it true that if you send a letter to your landlord about repairs that are needed. They have 30days to do it. If they don't fix it you can pay for it to be done and charge it to the landlord, or deduct it from the rent? Also, if you anyone has a good website regarding these issues please send it.

Answer 1

I have heard that too, but I've never tried it. You may want to look up a real estate lawyer and run the question by them. Many lawyers give a free consultation.

Answer 2

Try this:

Maintenance Issues


Under a provision of state law called the "Warranty of Habitability," tenants are entitled to an apartment fit for human habitation without any conditions endangering or detrimental to their life, health, or safety.

Consequently, all tenants, regardless of rent regulation status, are eligible to seek repairs and rent abatements for violations of this Warranty of Habitability. Note, however, that your landlord may not be responsible for the COST of repairs if the defects were due to your negligence or the negligence or abuse of someone else in your household. Regardless of whether the landlord or the tenant is ultimately liable for the cost of a repair or maintenance defect, the owner is obligated to keep the premises in good repair.

If your apartment has defects and needs repairs, we generally advise renters to follow the following steps, IN ORDER:

Contact your super about the needed repair.
If your super fails to respond and the condition is an EMERGENCY, such as a cascading leak, no heat or an imminent fire hazard, contact the Central Complaint Bureau of the NYC Department of Housing Presrvation and Development by dialing 311.

In a non-emergency, if your superintendent or management company is not being responsive, and the repair has not been made in a timely manner, write a letter to the owner of the building detailing the problem and asking for the repair to be made by a certain date. If the super is simply lax about making repairs, this type of "prompt" to the owner may elicit action. Send the letter by certified mail and keep a copy in your files.

If the letter does not bring a response, try to contact the owner in person or by phone. Let her know that resolving the problem is important and that if it is not resolved you will have to file a complaint with the authorities.

If the owner still does not respond you can do any (or a combination of) the following:
Make the needed repair yourself (or hire someone to do it) and deduct the cost from your rent. Be CERTAIN that the expense was necessary to correct a violation of the City's Housing Maintenance Code. Also, be careful to get bids for the work and to document both the needed repair and the costs.

Ask the NYC Department of Housing Preservation & Development (HPD) for a housing inspection. Again, the number for complaints is 311. HPD can order the landlord to make repairs and/or fine the landlord. Bear in mind that HPD must prioritize inspections based upon the level of hazard involved. During the winter months much of the inspection staff is allocated to heat emergencies.Thus, non-emergency inspections may take some time.

If your apartment is rent-stabilized, file a decrease of service complaint with the NYS Division of Housing and Community Renewal, the agency which administers the rent laws.
If your landlord persistently ignores serious conditions, you should consider filing an HP Action in Housing Court.


Hope this helps. Good luck.

Answer 3

You should speak with the local Housing Authority or similar agency. You will need to advise your landlord in writing (certified letter with delivery confirmation) that there is a problem. Then you will wait a little while. Then you can send them another letter that they have until x date to complete repairs or you will have the repairs done yourself and deduct the amount from your rent. Get an estimate done for the work (or gather an estimate of the materials) and send it to your landlord with a third letter stating you will have this repair done and deduct it from your rent for month x. Once you have the repair done, submit a copy of the receipt via certified mail along with the reduced rent check.

This should cover you, but be sure to check with the HA.

Answer 4

Another reason to-Thank God I'm a county boy