Tenants' Rights 101: The Warranty of Habitability in New York
84UPDATE: NEW YORK TENANTS MAY BE ABLE TO GET THEIR RENTS ABATED OR TEMPORARILY REDUCED IF THEIR RENTAL IS INFESTED WITH BED BUGS. PLEASE CONTACT ME FOR MORE INFO: nmoccia@nicholasmoccialaw.com
Law Office of Nicholas M. Moccia, P.C.
Disclaimer: The following should not to be construed as legal advice, but as a medium whereby tenants may increase their awareness about the rights they have as a matter of law with regard to their leasehold interest in a particular piece of property. If you are having an issue with your landlord, I suggest you seek competent counsel to ensure that your rights are properly adjudicated. The publisher of this hub and its contributors disclaim responsibility for any damages that may result from any error, inaccuracy, or omission contained herein.
Tenant Attorney
- Tenant Attorney for breach of warranty of habitability
- Tenants' Rights 101: Two Egregious Breaches of the Warranty of Habitability
Which do you prefer? A roach sandwich or bed bugs?
Warranty of Habitability
Every lease for residential property impliedly contains what's called the "Warranty of Habitability." This means that every landlord impliedly warrants the following:
- first, that the premises are fit for human habitation;
- second, that the condition of the premises is in accord with the uses reasonably intended by the parties;
- and third, that the tenants are not subjected to any conditions endangering or detrimental to their life, health or safety.’
If a landlord breaches the Warranty of Habitability, a tenant does not have to pay rent to a landlord. "The obligation to pay rent is dependent upon the landlord's satisfactory maintenance of the premises in habitable condition" (Park West Management Corp. v. Mitchell, 47 N.Y.2d 316). Furthermore, if your landlord takes you to court because you owe him rent, judges regularly grant tenants a reduction in the arrears if the judge finds there was a breach of the Warrantly of Habitability. Lastly, a landlord is NOT permitted to waive this warranty in the lease. If he attempts to do so, such a waiver in unenforceable as contrary to public policy. Landlords often add unenforceable clauses to leases in order to intimidate tenants from seeking to enforce their rights.
To determine whether your landlord has breached the Warranty of Habitability, you have to ask yourself the following question:
Would a reasonable person consider such defect(s) a deprivation of those essential functions which a residence is expected to provide?
Operative Language: "sustained deprivation of essential functions"
The following have been considered to be breaches of the Warranty of Habitability in the State of New York:
- asbestos which could become air-borne in the tenants apartment
- decrease or lack of elevator service
- broken floor tiles which create a hazardous condition
- substantial accumulations of garbage that lead to infestations of insects or vermin
- failure to provide heat and hot water for extended periods
- severe infestation of insects and vermin
- lead-based paint, especially where small children reside
- deprivations of air, light and ventiliation
- excessive noise as from construction, mechanical equipment or even neighboring tenants when the landlord fails to take effective steps to abate the nuisance
- offensive fumes and odors
- defective plumbing
- inadequate security (e.g. damaged entrance locks, door buzzers)
- sewage leaks and spills
- failure to provide smoke detectors
- disruptions in water service
- lack of window guards when required by local ordinances to protect little children
Please note, however, that any conditions caused by the misconduct of a tenant or by persons under the tenant's direction or control, wil not trigger a breach of warranty.
New York State Real Property Law s. 235-b
- In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.
- Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy.
- In determining the amount of damages sustained by a tenant as a result of a breach of the warranty set forth in the section, the court; (a) need not require any expert testimony; and (b) shall, to the extent the warranty is breached or cannot be cured by reason of a strike or other labor dispute which is not caused primarily by the individual landlord or lessor and such damages are attributable to such strike, exclude recovery to such extent, except to the extent of the net savings, if any, to the landlord or lessor by reason of such strike or labor dispute allocable to the tenant's premises, provided, however, that the landlord or lesser has made a good faith attempt, where practicable, to cure the breach. (c) where the premises is subject to regulation pursuant to the local emergency housing rent control law, the emergency tenant protection act of nineteen seventy-four, the rent stabilization law of nineteen hundred sixty-nine or the city rent and rehabilitation law, reduce the amount awarded hereunder by the total amount of any rent reduction ordered by the state division of housing and community renewal pursuant to such laws or act, awarded to the tenant, from the effective date of such rent reduction order, that relates to one or more matters for which relief is awarded hereunder.
Landlord/Tenant Cases in Brooklyn, Manhattan, Queens, Staten Island and the Bronx
The Housing Court in Brooklyn is located at 141 Livingston Street. If you receive a notice in the mail requiring your appearance it is imperative that you respond and take appropriate action immediately. This includes documenting any conditions in the building that may constitute a breach of the warranty of habitability.
If you have any questions about your case, please feel free to give me a call at 718-701-5772.
If you need representation on a landlord/tenant matter, I handle appearances in all five boroughs of the City of New York (Manhattan, Brooklyn, Queens, Staten Island and Bronx). I am usually in Brooklyn (Kings County).
I am able to make appointments in Brooklyn and Manhattan locations upon request.
CASE UPDATES
Landlord v. Tenant, 2011 NY Slip Op 52490(U)(Weschester County June 13, 2011) (where Westchester Court found disturbances due to the landlord's construction on neighboring lot to be a breach of warranty of habitability).
The Court finds Landlord breached the warranty of habitability for the construction period commencing the last week in February 2011. In 487 Elmwood v. Hassett, supra, the Court granted a rent abatement based on the noise, vibrations and dust caused by jack hammering and other construction. Forest Hill v. Schimmel, supra, holds in relevant part that where there are conditions which frustrate the reasonably intended use of a Garden Apartment's outdoor common area the tenant is entitled to a rent abatement.
For purposes of warranty of habitability the Court finds Tenant met her burden. The Court credits her testimony, which includes vibrations during jack hammering, mud, uncontroverted testimony regarding porta potty odor, and unpleasantries. Landlord claims Tenant renewed her lease subject to the construction because of his early conversation with Tenant. However any conversation regarding "future" construction with Tenant was vague, not at all intended to inform her of legal consequences and not sufficient notice under the law. In addition Tenant's photographs speak for themselves regarding diminution of value. Accordingly the Court finds the Tenant is entitled to a 20% rent abatement from the last week in February 2011.
Law Office of Nicholas M. Moccia, P.C.
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If the building which has illegal window size with bars and a space in the wall for a/c that the landlord orally agreed to provide but has not in this heat is that a breach in hability? Plus we have bedbugs which are still active after he treated with home depot spray??
re: warranty of habitability, specifically with respect to peeling/lead paint.
Scenario: one faily house painted in full prior to tenant moving in. Lease says tenant responsible for all interior and exterior repairs...and to comply with all laws;ordinances and government regulations.
1)Must landlord paint?
2)As all houses built prior to 1978 have lead paint.The issue is only that shouldnt be peeling. Immediately upon peeling...tenant can check child to see if high blood count then sue landlord?
1) the landlord must paint only if the lease says so.
2) however, the landlord is strictly liable for lead paint problems, therefore it is the landlords responsibility to take care of any lead problems [i.e. removal] regardless of who is responsible for painting and regardless of how old the home is or when the landlord purchased the home. Tenant can sue you if the child has high lead paint count.
My land-lord came to inspect without cause, i did however have several things i thought were unsafe in our townhouse. No window stuck as to create a hazard in case of fire and to add to it a dryer that isn't vented properly and causes a lint back up. After 5 weeks we had no response, the building inspector of the town was called in by ourselves..does the land-lords lack of response to our concerns breach our lease..
If the inspector found violations and the violations are not addressed--yes he breached the lease. Send the landlord a letter with the violations and give him notice that if the violations are not remedied, you'll seek counsel to bring him to LL/T Court. You should attach your letter to your next rent check, noting that your payment is enclosed, and save a copy of the letter.
We share a backyard with other tenants and they are not cleaning up their dogs' poop. Would this qualify under the warranty of habitability in NY state?
No, it does not.
How many mice do you need to have or how often do you need to have mice in order for it to be deemed an infestation? I have had two in the last two days, after having the exterminator come in last week!
After this experience, I want to move but I have 5 months left on my lease. Is this a reason to break the lease?
can I reduce or cut a rent when we got bed bugs in the building(48 apt) and we have had some expenses according to bb
does mold unremediated for more than one year breach the warranty of habitability. building department says even though there's a mold report clearly showing a terrible mold problem, it does not have anything in NYS law that allows them to write a violation for a mold condition that the landlord created by sealing a wall with a leak and the mold grew inside the wet wall and created a mold condition in the entire apartment. landlord believes he is entitled to rent. why?
I moved into my 3rd floor apartment Nov. 1 2010. The building's street-level main floor opened a bar Dec. 1 2010. The landlord assured us that measures had been taken to minimize noise issues, which turned out to be completely ineffective. Every evening, well into the night, the apartment rumbles from the music, affecting our sleep, and the voices of backyard bar dwellers might as well be sitting in our kitchen. The landlord has since promised corrections in the form of sound insulation in the apartment, the bar, and the hallway. It has been a month and nothing done, and the landlord continues to make unfulfilled promises. Can I pursue a future and/or retroactive rent decrease until effective measures are taken? What am I potentially entitled to?
You might be able to get an injunction for immediate relief from the Court. You may have a cause of action for nuisance against your landlord for damages and/or a permanent injunction. A lot depends on the terms of your lease. To do this you would have to start a law suit, which costs money. You need to weigh in your mind whether it's worth hiring a lawyer or using the money to find a new place.
We live in NYC as a month-to-month tenant. There's a domestic abuser upstairs and we have told the landlord about having to call the police because he abuses his girlfriend and kids. The landlord hasn't done anything. We have kids and share a hallway and laundry room with the abuser. We do not feel safe. How much notice do we have to give when we leave? We want to leave as soon as possible.
Also, we want to know what obligation does the landlord have to warn the next tenant about the domestic abuse? We don't want the same thing to happen to the next tenant.
I live in a high-rise building and my neighbors smoke a LOT of pot. The smell gets in the hallways and worse yet into my apartment. I have allergies that are aggrevated by the smoke and it is so strong that my eyes burn and I have a headache whenever I'm at home. I consider this a hazard to my heatlh and think it falls under the warranty of habitability...does it? Thanks.
I would say the pot issue is more of a "public nuisance" cause of action rather than a warranty of habitability issue. I would report it to the landlord and the police.
With regard to the domestic abuser, obviously you should call the police if you feel threatened or if it sounds like someone is being injured. As a month to month tenant, you can leave with one month's notice--it shouldn't be a problem to end the lease; however, it depends on your jurisdiction.
i am in a market rate apartment and the building was just purchased. i believe as part of their renovations (not upfront about anything) they have turned my water off (hot and cold) all of last week (Monday- Friday from 9- 5) and I was given notice this past Friday that the same will happen this week. I am afraid it will continue to happen based on what they would like to get done. I have two small children (still in diapers) and I work nights - I need to bathe them, wash bottles, shower before work etc. Does this qualify as a breach of warranty of habitability?
Last week the roof in my apt building leaked and water ran down several walls in my apt. There is now a very intense smell in my apt - the super says it's the wet dry wall, I say it's mold and other stuff. What rights do I have as a tenant? I'm really concerned for my health due to the strong smell.
Thanks for any help you can give!!
For the last month, I have had the smell of smoke and ash in my apartment. The smell is not that strong, but it's pervasive and irritating to my lungs and throat, to the point that I have begun staying overnight at a friend's house. The landlord maintains that the smoke is coming from a neighbor's chimney, and there's nothing he can do about it. He has done nothing to establish whether this is the source. Does the warrant of habitability require him to make a good faith effort to investigate and try to influence the neighbors if this is the cause?
No, I do not believe the landlord is responsible for a neighbor's chimney under a theory of breach of warranty of habitability--and even if he were, I do not believe that sort of nuisance rises to the level of a breach--unless your neighbor happens to be a coal burning power plant. If you want to pursue it, perhaps you can make a complaint to the Dept. of Buildings (perhaps that sort of chimney violates a building code or a zoning ordinance), or if it's really bad you might be able to sue the neighbor under a nuisance cause of action. Practically speaking, the most prudent thing to do would be to find a new apartment. Good luck.
We've been dealing with a basically useless oven and stove for the past year and four months. Over the past week we noticed that the gas smell was getting much worse, called the landlord and a few days later he came to check it out. He said it was simply a thermostat problem, that we needed to clean the stove also. He still hasn't replaced the thermostat and we've been for two weeks without the ability to use our kitchen. Today I called ConEd, the fire department and a few electricians came. The fire department immediately shut off the gas due to a gas leak in the hose, something the landlord failed to catch although there was an obvious gas smell when he came to check the stove. The landlord disregarded my telling him that we've been smelling gas for a while. ConEd was unable to repair the stove because it's simply too hard to remove from the wall (it's ancient). The fire department said we needed a new stove altogether. I called the landlord a couple of hours ago and I'm still waiting for a reply. Are we within our rights to withhold rent until he fixes the problem?? We've only lived in the city since January of 2010 (in this apartment) and so weren't aware of the hazards of this gas leak, we thought a faint smell was due to using the stove and gas fumes leaving each time it ignited. Our two dogs have been getting very bad diarrhea (cost nearly $300 at the vet to remedy) and one of them had a neck problem that costs me almost $200 dollars. My roommate and I have also had bloody noses and rare headaches. How do you suggest we exercise the Warranty of Habitability? Thank you!!
I have been living in this apartment for almost two years now and the vermin infestation is just rediculous. I have spoken to the owner and he sent someone to do a "so called" special service. It did not work, they are everywhere. They leave droppings all over everything. What can I do about it
Can u help or give me some advice.
Linda, what state are you from? Have attempted to call any city or state agencies?
Nicholas,
I need your help!
I moved into this apartment 4 months ago, and it's basically a box with no access to windows, no heating, and just a small hole in the upper right corner that I've filled with pillows for privacy.
I've managed to purchase my own air conditioner to improve circulation, but overall the room is stuffy, has zero access to natural light, and has only one electrical outlet in the room.
Is there anyway that I can break my lease, recollect my security deposit, and move out under the pretext that there is "deprivations of air, light and ventilation"? Is there someone I should contact? Please let me know!
Would lint buildup in the dryer constitute a safety hazard? The dryer is attached with a gas line and our landlord claims that the lease says we are responsible for the maintenance of appliances. We want a professional to come clean it he says to just use a vacuum. He is also living out of the country and really wants nothing to do with the house.
Heather, if the lease says you are responsible for the maintenance of appliances, then you are responsible for the lint build up in the dryer. Even if you weren't, lint build-up without any imminent threat of, say, a fire would not rise to the level of a breach of warranty of habitability in my opinion.
I've had numerous of issues with my apartment and I am fed up. I am living in a new apartment and half of the apartment building is still under construction. My side of the building is completed. However, I have been encountering many issues. Things just start falling apart. Each one has been addressed by the landlord. This last issue is very frustrating to me. Upstairs has been leaking water into my apartment. I reported the issue to the property manager on Friday. They came and try to fix the issue. My wall is still exposed. I came home yesterday to find water dripping from the ceiling. Is there anything I can do? Can I report the building for a rent reduction?
When was the first trial pretsident by Warranty of Habitability? 1971?
I recently rented an apartment in which the landlord failed to inform my husband and I that the majority of the tenants, including the former tenant who occupied our apartment, are HIV/AIDS patients. Is this grounds for terminating my lease?
In addition, there are issues with the entrance doorway as individuals continue to jam pieces of paper into the lock to keep the door from properly closing. There is an also an issue with the second entrance way where the handle is broken, and it appears that anyone can gain access to the building at any time.
My lease starts 11/1/11, and I moved my things in over the weekend. I just found out today about the HASA issue after doing some research online, which I should have done sooner but honestly never thought to do so. I also asked the landlord and his representative if there were any individuals in the building receiving government assistance or subsidies, and he swore up and down that there were none.
Any advice? Can I break this lease?
Alice, I believe there may be a way for you to break the lease, but I need more info. Give me a buzz: 718-701-5772
Despite complaints/requests on at least four occasions, our landlord has refused to properly repair a storm cellar door whose tension springs gave out so that the very heavy door required excessive handling to allow ingress and egress to the basement where our laundry is located. When we followed our intial oral mention with a forceful but friendly (i.e., not certified, reflecting the amicable relationship we'd had to this point) letter accompanying our rent, the landlord installed a prop using a modified shower pole. Since that time, one of the landlords welcomed the idea of being sued if anyone were hurt. My more recent, animated conversation with the other half of the landlord team included him insisting the pole was fine, telling me he felt threatened by my suggestion that the door was a hazard, a breach of local codes, and a breach of the implied warranty of habitability, and stating it was too expensive to fix. Curious on your thoughts. I don't know if it rises to that level, but as the landlord has raised our rent (in retaliation, I believe), and threatening action as we have been late with our rent due to financial strains, I am fed up with his absolute lack of interest and concern, along with his plaints of his own financial problems. Though late, we are fulfilling our obligations. They apparently consider their financial straits as an excuse for not meeting theirs.
Thank you.
Your issue doesn't rise to the level of a breach of warranty of habitability in my opinion, but you may consider calling 311 or Dept. of Buildings (or the equivalent if you lived outside NYC).
Hi I live in Suffolk county in a 1 bedroom that is in the basement, there is a closet in my bedroom that houses the pipes to the shower and I think the septic tank. For the past 2 months I have been dealing with q foul odor that is coming from the closet (mostly when the shower is running). My landlord has smelled it also and has had a plumber come out to check it. She says that he has checked everything and does not smell the odor! So she and he conclude that nothing is wrong (although) she has smelled it herself). I would like to break my lease, because she is now saying that there is nothing more that she can do! How long do I have to look for an apartment without continuing to pay rent? Thanks
Lyn, I don't recommend scamming--you will be liable for the rent. If I were you, I would see if you could work something out with the landlord so you could move out without liability.
We live in a landmark former piano factory in the Bronx, converted into "loft" apartments. The floors are not soundproofed, but hardwood, our ceiling is wood planks painted white. The neighbor upstairs has a drum set, apparently the landlord assured him when he moved in (when they were first rehabbing the building) that this would be "artist space." We've been complaining for a year, the landlord built a little stage for the drum set and has asked us to make a schedule to accommodate daily drumming. One of us is a PhD student, the other a freelance journalist, and we both need to work from home to sustain our livelihood and pay our rent (which is the cheapest we can find in the city and the most we can currently afford). The management has offered to put in a soundproofing board on our ceiling, but that would cover the architectural feature of the ceiling. Does a landlord have the right to grant permission to another tenant to make a lot of noise in a residential building? Is this a nuisance or a breach of habitibility?
I live in a rent-stabilized studio apartment in Queens for 19 years. I always feel sick when I am in the apartment. I recently noticed that the air vents in the bathroom and kitchen are extremely dirty and the grate is painted on. The vents have not been cleaned since I moved in. I suffer from allergies, chronic sinus infections and asthma and I am constantly smelling my neighbors' cooking which bothers me. I want the vents cleaned professionally. Is it the tenant's or the landlord's responsibility to pay for it?
I would have to research it further, but I believe the NYC rent stabilization code puts the responsibility on the landlord.
I live in on the top floor of a 6 story building in Brooklyn and the elevator (thank heavens) is being upgraded and repaired. The only problem is that the elevator is out of service for a full week and I have a knee condition where I'm not even supposed to use the stairs. My kneews are already aching like crazy and it's only Day One. Is there anything I can do? I feel like I can't stay at my place this week...
The best solution for you is probably not a legal one--it would take more than a week to even get the attention of a court. I recommend staying with a friend or relative, or perhaps getting a hotel room. Perhaps you can get your landlord to reimburse you.
Thanks for the quick response. If there's no legal entitlement to a reimbursement, there's no way I'll get that from him. It was so hard just to get him to invest a penny into the elevator in the first place (long story). Just thought I'd see if there were some way I could insist on a refund (i.e. my last apartment didn't have heat for a month, so I insisted on a reimbursement).
2 family house in windsor terrace- we have had a mouse problem for about 3 months, our landlord (after much goading) finally had some holes in our basement walls re-cemented. but still having mouse droppings and catching mice in basement. Found a really nice apartment last night and would like to get out of our lease. I called and asked our landlords representative last night about trying to get out of lease (I did not say that the mice were directly related to our wanting to leave, only that we found a really great apt that we had been dreaming of and wanted to leap on a chance to upgrade) the landlord refused to let us out of the lease (we are really good tenants) and offered some nice incentives to stay but we want out. Any chance the mice problem is enough to get out of the lease w/o too much legal action? Thank You Very Much Nicholas!
I would need more details and would need to see the lease. I'm inclined to say that the mice problem, without more, may not be enough to break the lease without any repercussions. The best way out might be to try to assign or sublet the apartment to someone else--notwithstanding a lease provision to the contrary. If your landlord refuses, you may* be able to break the lease without further liability. If you break the lease, you will be inviting a law suit regardless of whether your position has merit.
Is the Warrant of Habitability enforceable for a single family rental in New York State?
yes--all residential rental units in NY.
Thank you
I just signed my lease 3 weeks ago. I have had problem of roaches, plumbing, extreme noise, bathroom tiles coming up and heat so high it gives me nose bleeds. What are my options? My broker won't answer when I ask for a copy of the lease and my landlord never gets back to me. It took two weeks of called just to get the mailbox keys.
Tanya, give my office a call. 718-701-5772
The apartment I rented has been a mess from the start. We are 4 months into the lease and first the refrigerator was broken, then the stove, then a carbon monoxide leak (causing the fire department to break in), broken top lock (from the fire department), and a hole in the pipe under kitchen sink (flooding kitchen)- each of these took a month or more to be fixed. Most recently an installer replacing the broken dishwasher flooded the apartment and 5 floors down to the lobby (including neighboring apts/elevators/etc.) - The apartment is moldy and there is damage causing it to be uninhabitable and the landlord has done nothing to fix any part of it. Am I correct to not pay rent? They are telling me that I should be living there and now want to terminate the lease with my security. Any guidance would be greatly appreciated!
In a single family residential rental does the landlord have to keep the security deposit in a separate account. Also do they have to let you know the account number and what bank the money is in? Thanks
I live on the eighth floor and my building just informed me that the one elevator in my building will be out of service for 4-6 weeks due to necessary modernization. What are my rights as far as a rent reduction? Isn't this a violation of the warranty of habitability???
I appreciate your response!! Thank u so much!!
magnum65-the answer is "no" to both of your questions. This rule really applies to multiple dwellings.
Lou--this probably doesn't rise to the level of a breach of warranty of habitability. Do you have an disabilities that prevent you from using the stairs? I would continue paying your rent.
LL -- if you don't pay the rent, your landlord with start a non-payment proceeding. If the conditions are as you describe, then you may have a viable defense and may be entitled to a rent abatement.
Thank you for your time and advice...
For more information about landlord/tenant law in NY, please visit my website: www.nmlawny.com
In a single family rental does the landlord have to provide a working boiler for heat. Thanks
The landlord has to provide heat and hot water. Unless there is some technology out there that I'm not aware of, this would presumably require a boiler.
I guess electric heat would constitute some other technology, but yes my boiler has been broken 90% of the time and has not worked for over a month. He told me to fix it. Thanks again your wonderful
He is supposed to supply the heat. If you are paying for the electricity for the electric heaters that is improper. Does your lease say that you are suppose to pay for heat or repairs? if it doesn't, the expense belongs to the landlord.
I rented a renovated apartment and the gas for cooking is not turned on because the local utility requires an inspection from a licensed plumber before they will turn of the gas. I informed the landlord of this but he has not taken any action. Does the failure to provide cooking gas a breach of warranty of habitability, if not, what can I do to get gas? Thanks.
failure to supply cooking gas is not a breach of warranty of habitability. Talk to your landlord again. Ask for a date certain for the inspection. Advise him that you will speak to an attorney if he does not get the inspection as promised.
Nicholas,
What about chronic but not extended outages of heat/hot water? I'd say about once a week there is no hot water at all. (There's often very little hot water, leading to lukewarm showers, but that's a secondary concern.)
The landlord has tried to fix the issue and is promising to fix it again, but the fact is it's an old boiler and the repairs don't help. Approximately once a week I or my fiancee takes an ice cold shower. Am I correct in asserting that this is a breach of the WOH that supports at least abatement of rent? I won't withhold rent without discussing it further with the landlord, but I simply cannot believe that I have absolutely no recourse.
Call 311 if you are in NYC and report it to HPD. If you can't get the appropriate city agency to address the issue satisfactorily, you should bring your LL to housing court. If you wish to do the later, I can help you make a cost benefit analysis to see if it's worth it to bring him to court.
landlord had workers paint a roof right outside our apartment's only window. the paint used was extremely high in volatile organic compounds. we were not notified in advance, they did nothing to prevent the fumes from going into our apartment. one month later, they still have done nothing despite repeated complaints to the superintendent. the fumes still are coming in. this kind of paint does not cure in cold temperatures. the results are headaches, etc. i am going to take pictures today; and get a sample of the paint. we bought a $400 air filter machine, and have used plastic and duct tape to seal off a rotten portion of the wall where toxic fumes were coming through. we are afraid to open the window; but must occasionally because otherwise it gets too hot in the apartment.
Do you have an medical records for the physical symptoms you complain of? If not, you really don't have much to go on...
Hi, Recently my landlord called to say that he had to put a new meter in and that he has been "illegally" paying for my cooking gas. I called National Grid as soon as I got the call to set up a new account. They told me there was only one account for heat/hot water/cooking gas for the building so I could not set up an account. I left a voicemail with my landlord and no answer. The gas was shut off two days ago. National Grid comes on Monday to set up a new meter/restore service. The landlord claims he didn't know when National Grid was turning off the gas but National Grid says he placed the order. Is cooking gas an essential service and can Is cooking gas an essential service? can I file an HP case against him?
If you only loose the service for a couple of days and because the utility company needs to get the building in compliance, no. If you have no gas for months and for no good reason, then maybe.
Hi - We have an EXTREME case of "steam hammer" in our apartment, in which every day at 5:20am (when heat turns on), there is a solid 20 minutes of unbelievable "hammering" coming from the steam pipe traveling directly through our apartment (not in wall). You would not believe how loud the noise is, as it vibrates the entire apartment. The noise occurs intermittently throughout the day, as the heat turns on. It has affected my roommates and I (lack of sleep) and has truly become unbearable. We have notified the landlord about it almost on a daily basis. After two months of calling, they finally made an effort to fix the problem, but a poor one at that (did not work). We don't know what to do, and we simply can't live like this anymore. Any advice is appreciated - Thanks.
If you are in NYC, call 311 or HPD and report the issue so your LL gets a violation. You can also bring a petition in housing court to try to get a rent abatement and/or moving expenses to find a new apartment. If that is something you are interested in doing, give me a buzz. 718-701-5772
Hi - 3 days ago ConEd came to our apartment(NYC)in order to place a new meter. After they changed the meter, they found out that we have a gas leak in the apartment and shut off the gas. The landlord sent a plumber today that confirmed we have a serious leak(that probably existed before the meter was changed). At the moment the land lord needs permissions from the City to do some pipe repairs in order to fix the issues.
We can not cook or use the stove at all..and we have two young kids..What should we do? we are eating out for three days already and would probably need to continue to do so for a while..are we liable to not pay rent? get refunds for our meals?
Any advise is greatly appreciated!!!
Hi, So last week my landlord started an asbestos abatement project himself to repair a pipe, while me and the other tenants that live here were in the house and he does not have a license to do so. I am concerned about if any asbestos became airborne at the time as he did not have a license to know what he was doing nor follow any special procedure. Is he in breach due to warranty of habitability? I dont think hes going to budge on letting me out of my lease, as when I called him to discuss my concern I think he feels his procedure was a safe thing to do. But I've talked to the asbestos guy that came 5 days later to finish the project, and he said my landlord wasnt suppose to do what he did. I just dont feel safe here anymore, please help thanks
Tell your landlord that you want to move because of the asbestos concern. If he refuses, tell him you are going to make complaints to HPD and the Dept. of Buildings (assuming you are in NYC). If he still disregards you, make the complaints. If he receives violations, then you should be able to move out without any recourse on the part of your landlord. However, this is going to take some time.
If you are extremely concerned, and want to move out immediately, give me a call and I can help you do that.
Hello-
My husband(he is the only 1 on the lease,while I live here with my 3 children)is currently in litigation withthe owner of our rent stablized NYC multiple dwelling(44units)for nonpayment of rent. We moved in in Nov 2009 and have only had issues with repairs since then. We had a work order put into place in May 2010 and then a new owner took over in June 2010 with no repairs having been made yet from the work order. since then we have had bed bugs, a horrific case of visible mold(pictures to prove), electric shock in our bathtub in which he removed the tiles by the window so we would not feel it anymore(tiles missing still since Sept 2011). The leak which caused the mold in the bathroom was fixed while they gutted one entire wall(without mold remediation practice) which i belive is what caused my children to beocme sick with multiple sinus infections over a 2 month period causing 1 of them to develop pneumonia for a month and a half all while not providing heat for the entire month of October while he was sick causing him to be hospitalized after a bronchoscopy was done and he was found to have bleeding lungs.
we are now moving out on March 3 but our case has been postponed twice already causing us to be still dealing with this until March 15. How can i still have to pay any money to this landlord when they have CLEARLY shown to just not care of the conditions we have been and are currently exposed to? Please help!!
Is a landlord required to have a buzzer entry system on a small multi-family home? Is the main (front) door required to automatically close and lock?
I saw these provisions on rent stabilized leases but couldn't tell if the same rules applied to unregulated two or three family homes.
Hi Nicholas, I am a landlord of a studio loft in Manhattan. August a pipe leaked from my apartment to my downstairs neighbour. Imediately we shut the water off and gutted the bathroom. The building gave the tenant access to an empty apartment,just down the hall to shower and use toilet and I believe that she even slept there some nights. The construction lasted 10 days.6 months later the tenant has just told me that she has spoken to her lawyer and she will not pay rent for those 10 days. That she is intitled to a rebate. Where do I stand? Its not like I left her without accomodation. Thank you, Michelle
First, is the downstairs neighbor your tenant as well? When you say "the building gave the tenant" access to a empty apartment, are you referring to yourself. If your downstairs neighbor is not your tenant, then I would ignore the request for a rent abatement.
Assuming she is your tenant, I can't say for certain whether or not a judge would find in your favor as I would need more information. I'm pretty certain she would not, in any event, be entitled to a 100% abatement for the ten days--and certainly not for the entire month. Regardless, you may be better off throwing her a bone a giving her a 50% abatement for the ten days-i.e. work what the rent would be per day for ten days, and credit her 50% of the sum on her next rent payment; otherwise, you may waste time in court and money on an attorney. The couple of hundred dollars may well be worth avoiding the nuisance, and you will build some goodwill for the substantial inconvenience the leak caused your tenant.
I don't know the answer to this question off the top of my head. I would call 311.
[to JS314] If what you say is true, I believe you should receive some sort of rent abatement. You have to raise the issue with the judge, and I expect he would make a substantial offset from the total amount you owe. You might even be able to sue your landlord for personal injury, but that would likely have to be a separate suit in supreme court. Your situation sounds very serious...
First off, Nicholas, the fact that you take the time to answer commenter's questions is absolutely amazing. On behalf of everyone, thanks.
So here goes... my heat was not working all day. My landlord said he could not get a plumber to come until the next morning. (We live in NYC... really?!)
This has happened before, and it took 2 days for him to fix the heat (meaning 2 days for him to get a plumber to the building... the actual fix took all of 30 minutes).
With a forewarning to my landlord (but in spite of his objection), I called a plumber myself.
I also filed a complaint with 311 before that, but had not heard back from them... My landlord stopped responding to my text and phone calls, and I'm assuming he didn't pick up for whoever contacted him from 311 either.
I have every intention of deducting the plumber's cost (that I paid) from my next rent check, and sending him the receipt with it.
Is that okay? Do I have a legal right to deduct the plumber's fee for something that he should have and could have very well taken care of that same day? Wasn't this a breach of warranty of habitability?
I hope it doesn't come down to this, but with all of the other problems we've had with this landlord, we may end up having to give you a call...
Fred: The easy answer is probably yes, you may deduct the reasonable cost of repairs from your rent. After appropriate notice to your landlord (preferably in writing) and reasonable time to undertake the correction of the condition, a tenant may offset against rent payments the cost of repairing the defective condition UNLESS the parties' lease expressly provides otherwise. There is legal authority that supports this position. Nevertheless, your landlord will still probably bring you to court and try to recover the withheld rent. You will then need defend your decision with appropriate documentation (letters, bills, etc) to the court. The question is whether you gave the landlord a reasonable time to fix the problem. No heat in the winter arguably needs to be addressed immediately, and if you live in a multiple dwelling, there are certain temperatures that must be maintained throughout the day. Also, there is a question whether the amount you paid the plumber for the repairs was reasonable. If you were overcharged, that's on you, not the landlord. If your landlord serves you with papers, as I expect he will, give me a call.
Okay, great! Thanks so much for the detailed response. I'll give you a call if we have any issues.
Nick, I live in a rented 7th floor condo and the elevator is going out of service for 10 weeks due to modernization. I know you answered a similar question for Lou, but there are a couple of other issues in my case. One, I have knee problems that prevent me from climbing that many stairs, and two, I have evidence that the condo manager notified the landlord about this project 1 year ago, yet they did not mention it when we were signing the lease.
My mother resides in a rent-stabilized apartment. Over the past 2 years, her neighbor's (rent controlled) apartment has been occupied by someone who identifies herself as a relative of the "prime tenant." The "prime tenant" has not resided in that apartment for at least 20 years. The current tenant has multiple, ever-changing roommates. The front door is left open for people to come and go all hours of the day and night slamming the doors. There is an offensive smell of pot coming from the apartment day and night that goes right into my mother's apartment (even with a door sweep). Illegal walls were constructed in the apartment; they may have been removed, but it appears other alterations have been made in the apartment to accommodate the "roommates." My mother has made many complaints to superintendent and the management (once after finding a "roommate" passed out in the hallway) but nothing has been done to resolve these issues. Note also - this is a doorman building. I feel these safety, security issues and the general nuisance warrants further action. Can you please advise possible next steps?
Make a complaint to the local rent control office:
Rent control is extremely strict about people who game the system and rent out subsidized space for profit. Let me know how you make out.
Ask them in writing for an accommodation during the 10 week period. Advise them that you are speaking to an attorney about this matter. Have them put you up in a hotel, or give you some sort of rent abatement while you stay with a relative or friend so that you can compensate them. Make your request in writing. If they ignore you or refuse. Give me a buzz. 718-701-5772
Many thanks Nick. Do you take cases in Westchester?
Yes.
Hi Nick,
My landlord refused to fix the heat in a single family residence for 3 months. I stopped paying him rent and he started eviction proceedings in January. Three days before the court date Feb 9 2012 he finally fixed the boiler and on the court date Feb 9 2012 I showed up as well as his lawyer. The judge set a trial date for Feb 23 2012. On Feb 22 2012 both parties agreed to a settlement for Jan and Feb rent of $5600 which was paid by bank check and cashed by his lawyer. The court was notified of settlement and the trial on Feb 23 was cancelled. I sent him March rent and he is now saying that he didn't get it and he is restarting eviction proceedings today March 5 2012. My defense at this point is he is refusing to accept the rent. But my question is does he have to start the eviction proceeding all over again from the beginning or is he going to be able to just pick up again where he left off? Thanks
He has to start from scratch.
Thanks Nick...
Magnum, if the case was settled and it was discontinued, he has to start from scratch. However, it is possible that the stipulation was drafted in such a way that he could pick up from where he left off. Check the stipulation. If you can't tell, give me a buzz.
Hi Nick, long story (trying to make it short) my apartment building has 33 floors. On Mar 3 my apartment had a sewage backup. The super and maintenance staff were called, responded but had no clue how to deal with it. I decided to call the FDNY for assistance. Water was shut to all apartments on my line and the adjourning line. The apartment beneath me was damaged from the water going thru the walls. Plumbers came but needed more plumbers snake to reach the blockage. They returned the next morning and unclogged the pipes. They found piece of plumbers snake had broken off sometime ago and could've been the cause of the backup. I took pictures and video of as much as I could. Question how much can my Management be responsible for? During a meeting held on Mar 8 (with State/City Council members and Management staff/attorneys/accountants etc. about a rent increase)the Managements President stated he has "known of problems with the plumbing in my apartment line for a long time." I've lived here since 1997 and after looking at work orders for my apartment realized they have tried to patch my bathroom plumbing problems over 100 times. I have most records to show this too. I informed the Super and Management that my family will not be staying in this apartment for health reasons. They did attempt to clean up the feces, urine, and other contaminants but I'm just disgusted. What course of action do you suggest I take now. Oh BTW I have 2 bedrooms and they only have 1 bedrooms available I'm waiting for approval to be moved as I write.
Hi. Here is my situation. Live in NYS. I was behind on my rent due to circumstances beyond my control and quickly got caught up, except for a portion of this months rent. Since I moved in, I have continuously advised my landlord of the problems in my apartment, flooring issues, gaps in doors (air comes in). Also, when I signed my lease, I signed a Lead Paint Waiver. Now that I was almost caught up, my landlord began harassing me for the remainder and when I told them when I could pay, it wasn't good enough. I received from my landlord an eviction notice (not from the courts and not served on me by a sheriff. They gave the me option of moving out immediately and I would not get my paycheck garnished. Also, the Landlord had their key in my door attempting to come in and I opened the door asking what they were doing. They said they thought I moved out (this happened a month or two ago). So, I have a few questions: Can they just kick me out of the apartment without having to go through the Court system; is it allowed to have a lead paint waiver in the lease; can't I withhold rent from them if they have failed to fix the issues I have continuously advised them about? What should I do? Just leave?
Hi Nicholas, I arrived home on Thursday night to find that, astonishingly, both front doors were removed from my Brooklyn apartment building, leaving the entrance wide open. When I left on Friday morning, a man seemed to be reinstalling them. Alas, after spending the evening out of town, I have returned to find no doors at all, once again. My roommate is presently the only one on the lease. I'm quite frightened. Would very much appreciate guidance. Thanks, R
Hi Nicholas I truly need your help. I moved into a studio apartment a month ago-- at the beginning of February. 3 days into living at the apartment. I noticed that loud plumbing noises come through the walls. There was the loud sound of a neighbors shower right next to the bedroom wall of my studio and there was also another loud plumbing sound coming from another wall in the bedroom. Also, above me I could hear everything my neighbors did including his spoon scraping his plate when he ate dinner. When he turns his tv on, my apartment is filled with noise that I can hear even with earplugs on. He leaves for work at 4 am and I awake then too because of his footsteps and the noise of him leaving. I have never lived in an apartment with such thin walls!! I cannot use ear plugs (doctors orders) because I have sensitive ears that erupt into an infection when I do. That third day when I couldnt bear the noise and suffering(which was my first monday in the building) I emailed the manager of the building to tell him I couldnt live in the apartmentand he confirmed that there was a bathroom and a kitchen right next to my studio. He offered to move me into a 1 bedroom where I would pay more. I asked to be let out of the lease and he said the owner would hold me liable until the apartment had been re-rented. Not really having anywhere to go, I agreed to the one bedroom. I begged for a price reduction considering the noise inconvenience and he laughed and said no. When moving into the one bedroom I inspected it and noticed that the bedroom was next to the street and the windows were thin. The living room was more inside the apartment bulding, next to the elevators although there is a corridor between the elveators and the living room. I told the super and landlord that I would make the living room area my bedroom instead of the bedroom area to avoid the street noise and they said ok. They promised that it is quiet in the one bedroom adding that a 50 yr old lived above me and my neighbor on my floor is quiet. Since we had gone over the lease for the studio the manager produced a new lease for this one bedroom, didnt explain the lease this time and had me sign it. A few days later he appeared with a new lease saying he made me sign a wrong lease so I should sign this and I did and he didn't explain it this time too apart form pointing out that there were renting it to me (supposedly) below the highest possible rent amount. I moved into the one-bedroom and noticed right away that the elevator makes the living room area --which was now my bedroom area-- shake. The buidling is old and the elevator also makes a heavy humming sound, and makes a thud when it reaches our floor. This is not the kind of noise that ear plugs can stop because it is a vibration and occasional vigorous shaking. For a month I lived there and was almost suicidal! There was not even one night when I had a good nights sleep. I would wake up multiple times in the night from the elevator. To add I could hear the people above me, the man to my side, all doors opening and closing and even the street noise too. It seemed the apartment walls were too thin, something is not right about that building. It was completely torture. I figured it would be quiet on weekends only to have the neighbor next to me blast very loud rap/rnb music every weekend. When I asked him to turn it down he said sure and it got a little less loud although it was still very loud, the next day the music was back to its previous level. 20 days ago I wrote to the manager and told him to pls cancel my lease, I told him I would leave 3 or 4 days after the day I sent him that email. He wrote back that he would talk to the owner but never wrote me back after that. Yesterday, I finally moved out of the apartment and returned the keys to the super. I emailed the manager to tell him that I had moved and his reply is that the owner says I am responsible for the apartment until it is re-rented. I have no money to pay for next month. I left because I never even had one night of a good night's sleep while there. Any help with getting out of the lease? Sorry for this long message. Thank you
I have been living in a garden apartment in Queens for nearly 5 years now. My private front entrance is directly across from a park. It was never really an issue until the landlord had a massive piece of new playground equipment installed, less than 25 feet from my door. Now there are huge, unsupervised groups of teenagers and children there for hours each day and evening. They scream, yell, bang on the equipment (which, of course, has a DRUM set attached to it!!!!) and are often present up to 6-8 hours a day. I work from home, and I am at my wits' end...I can't concentrate, I can't make phone calls to clients, and the noise has driven my blood pressure through the roof. Am I eligible for any rent abatement? Please help me before I blow up the playground with dynamite!!!
My apologies guys, I can't keep up with the comments this week. Busy with trial. Please don't be blowing anything up.
The tenant next door is not cleaning up after her cats (there's an overwhelming smell of cat urine and feces which fills up the hallway, the stairwell, and my apartment). In addition to the tenant's filthy carpet harboring additional cat smells. Needless to say, the tenant's cats are a nuisance, and substantially interfere with my health and career.
Is this a breach of warranty of habitability?
There may be a breach of warranty of habitability depending on how bad the situation actually is. There may also be a cause of action for nuisance. The remedy is to seek a court order against your landlord and the neighbor to get rid of the cat or, in the alternative, to have the premises cleaned and maintained in a sanitary condition. Before taking any legal action, I would call 311 and see if there is any city agency that can help you. Start with HPD.
one-bedroom apartment rented in 5 or 6 story building in Upper West Manhattan. We had no heat or hot water from March 3 to this Saturday March 24 (exactly 3 weeks). On March 7, management provided a letter saying it would take 7-10 days to fix. Two weeks later we got another letter in which the management company offered a 25% rent rebate for each day of no heat/hot water, or about $315. Is this reasonable? Should we be requesting a better rent abatement? The company offered little information about the process during the entire three weeks.
Thank you
I think it's reasonable. There is no harm in trying for more, but I wouldn't take it to court. Even assuming you can get more from a judge, you will still need to pay an attorney to start a suit and you will have to wait many months to get a decision. Moreover, you will be destroying whatever goodwill exists between you and the management company. I would try to negotiate for a little bit more, but if they won't budge, take the abatement that they are offering.
I got an email from my landlord on march 7th letting me know that the house I have rented for the last 4 years had been sold and that even if the deal fell through that as of may 1, 2012 the house would no longer be available to be rented. I have found a new rental and have been asked if I could move in April 15th. I emailed my current landlord to discuss. I feel that if I will only be in the house 1/2 the month that I should pay 1/2 the rent. My landlord disagrees. I live in Suffolk County and do not have a lease.
Hi,
My husband and I live and work in an apartment in a 6 story apartment building in Queens. There has been ongoing construction to the exterior of the building since September. The landlord sent a letter in September stating that the construction would take 2 months. The construction has included drilling outside all of our windows to remove the exterior bricks, sawing, hammering against metal and brick, tumbling of bricks and materials outside our windows, knocking against the window. We feel the vibrating of the drilling throughout our whole apartment, and get woken up by it every day. The landlord has work permits, but only for the work shed. The work is done Monday through Saturday, and is most likely being completed by illegal immigrants. Today, the hammering on the fire escape was unbearable, so my husband yelled at them to stop it. One of the workers responded by yelling "too fucking bad", "Close your fucking window". Our window was closed. My husband went downstairs to confront the foreman and told him to have that worker leave the premises, that this was our home and we didn't want to be treated like that. We received a voicemail from our landlord shortly thereafter to call her.
We have brought the noise grievances up to our super before, and he dismissed them.
Do we have a right to withhold rent or demand a rent abatement because the noise and constant stress is violating the warranty of habitability in our lease?
Thank you for your help.
Yes, you may be entitled for to a rent abatement for the period of time that the disturbance took place--especially if there are no work permits. I would not withhold your rent. You should also consider reporting them to the Dep't of Buildings. Good luck.
I moved in to a 4br apartment in binghamton ny with my sister and our 4 children. two with are new borns. we went to sleep the first night and not even 4 hours into sleep and my sister wakes me to tell me that there are bugs in the apartment. after looking at these bugs we descovered that they were bed bugs. so i gathered my children and left at 2:30 in the morning. the property manager offer to stick us in another apartment but honest i didnt feel safe. now i am homeless and all my belongings are in that apartment and infested. i tried calling legal aid but they wont return my numerous phone calls. I have no idea what to do. I'm hoping someone could shine some light on this for me.
Go to the county courthouse in person** and tell the clerk you want to bring a civil action against your former landlord for the return of your security deposit and value of your furniture. If the value is less than $5000, it's a small claims action. Ask the clerk for guidance, you may be able to do this yourself. Good Luck.
We rent a unit in Manhattan with a large terrace. The building is required to perform facade maintainance and the contractor will be hanging a scaffold from our terrace. Accordingly, we are being required to remove our funrishings from the terrace and prohibited from using the terrace for the duration of the work which is currently scheduled to be at least 12 weeks. Are we entitled to a rent concession for the loss of use of the terrace? We chose the unit based in part on the terrace, and the rent reflects the presence of the terrace. Makiing the issue worse is the timing, we are losing use of the terrace for the few months that it is pleasant to use. Thanks.
Review your lease. There should be a provision that speaks to this sort of situation. I really can't answer that question without more info about your lease. Regardless, there is no harm in complaining to your landlord and asking for a rent abatement. You may actually get some money out of them. Your inability to use the terrace is a partial actual eviction, but usually leases cover landlords in the case of renovations of this sort.
HI..I have been renting a 2 Br apt with my pregnant wife in Flushing Queens. We didn't realize when we agreed to sign Month to Month that the neighbors downstairs are extreme smokers. They smoke all day and all night. I get up to go to work sometimes at 3:00 am and it smells like a cigarette is burning in our living room. It looks like the kitchen when it was done was nt sealed up properly.I went to home depot and bought Hilti foam and opened up the walls to seal the breaches behind the cabinets in the kitchen (didn't work out) The smoke is coming up from downstairs into our walls and out of our cabinets and my closet. My clothes are starting to smell like cigarettes and mothballs. Under my sink, in the cabinets, smells like cigarettes and mothballs all the time, even when they are not smoking. The mothballs are from the tenants downstairs trying to cover up the smell, as I asked them 2x to help me out and my wife and unborn baby. Second hand smoke is a killer. The smoking is not coming to an end. I have talked to the landlord about it, but I feel as if he is blowing me off. Is there anything the LL is on the hook for here? What about the tenants downstairs? I hate telling people what to do, especially in their own abode, but if my kid ends up having a lung issue I may be arrested for my actions. Please help me out.
I have raised this issue to the housing courts in Kings County on several occasions, and I find that judges tend to disfavor interfering with people smoking (both tobacco and marijuana) in the privacy of their own apartments unless there is a lease provision to the contrary or it's in the common areas of the building. My advice is to find a new apartment--you have a month-to-month, so you can do so with one months notice to your landlord on the date your next rent payment is due.
Thank you (belatedly), Nicholas, for advice on how my mother can deal with nuisance neighbor. I called DHRC & spoke with a counselor. She was totally baffled as to why a landlord would be so indulgent toward a tenant in an illegally sublet rent-controlled apartment. She suggested filing for an applications for a rent reduction (for public space & apartment) based on the on-going smell/smoke issue. My mother wrote & sent a letter as a formal complaint to management by certified mail/return almost 2 weeks ago; the receipt hasn't been returned, but she intends to file for the reduction as soon as it is.
Today my mother received from DHCR "Owner's Application for Modification of Services" - "to eliminate doorman service from 1 of 2 entrances and installing a new entrance door, new intercom bell buzzer system with key fob entry system. This will eliminate payroll costs. Instead of a doorman opening door for tenants and visitors they will be buzzed into the building by the tenant(s)." Can you please advise how she should she respond to the answer to notice and/or application form? BTW there are 100 of the 291 apartments are occupied by rent-controlled or rent-stabilized tenants, so this change will affect many of them, and most are elderly. Thank you for your on-going assistance.
My husband and I moved to a townhouse in Queens. We have the lower floor, and our upstairs neighbors are very loud. We hear some of them come home at 4AM, and we hear every step they take, their voices, the floor creaking their music and even their cell phones on vibrator and microwave oven. It's basically noisy 23 hours a day. We've told the landlords who've told us to speak to those tenants ourselves. We've done that, and every time they made noise, we'd go knock on their door and they'd stop. One day, they were playing music loud during the day. I went and knocked, they ignored me. I rang the bell, and they still ignored me. I texted the landlord about this issue, and they wrote "We know you're not happy here. Please feel free to move out with no consequence on the lease". I assume this means we can break our lease and not lose our deposit. Is there a legal recourse to either kick out those upstairs people or to make the landlord do something? Thanks a lot!
We signed an 18month lease with a large NYC realty company. At signing, the owner promised that the renovations to the interior of the building would be completed in 3-5months (only oral, not in writing). The 5 months is up and he hasn't started the renovations.
Additionally, we've filed several noise complaints with the building and city. The LL has said that it will call noisy neighbors but not escalate further. We involved the police (311) and have been documenting each incident.
Finally, during the latest police incident, I pointed out sanitation concerns (the building's only trash cans are at the top of a landing of stairs, partially blocking the only entrance/exit and are consistently overflowing/terrible smells) and exposed electrical wiring. The police assured me that reporting it would lead to citations.
Our end game is to move out and break the lease. But with a year left on the lease, the landlord won't budge and we can find renters ($rent is currently over market). We've emailed with the LL documenting everything and were told that the trash won't be moved and that the other fixes would take time.
It seems like step 1 is to go for citations/311 with HPD? Do you see any claims for breach of contract under Warranty of Habitability (noise/sanitation/smell issues) Any chance for rent abatement or breaking the lease for breach of contract on the Oral Agreement of 5 months?
We're left seriously thinking that a legal solution is the only way out.
My apologies. I cannot respond to comments for the next week or so as I'm in the midst of preparing for some heavy litigation against the "Too-Big-to-Fail" banks. Please give me a buzz if it is urgent.
I moved into my apartment about 3 weeks ago. Since moving in I have seen quite a few German cockroaches. In the 3 weeks they have come and sprayed twice, I saw 3 the day after they sprayed. My 3 year old daughter won't even sleep in her room now because she saw one in her room. She checks every room before walking into it As do I. I have had maintenance here 5-6 times for my kithchen sink flooding underneath, broken AC, broken flusher on the toilet, And someone pushing the outside door so hard it left an enormous hole in my apartment. Though those things were addressed, I still have a problem with these bugs and I want out of here. Can I break my lease?
I rent a condo on long island. The washing machine hose (water intake I think) was corroded and leaked without my knowledge... causing mold and water damage to many of my familiy's personel belongings in an adjacent closet. It must have been leaking for some time as I found black mold behind a piece of furniture and lining the closet walls and called the landlord immediately when I discovered it. His insurance did not pay for the claim as they said it was his neglect to appliance hose
-maintenance.
Landlord is paying for repair to fix washing machine hoses and remove mold and water damage to apartment but not to clean any of my items of clothing, bedding, or damaged items. I paid for items to be laundered and have receipt (approx $150) .... Also, we have lost use of bedroom and kitchen/laundry areas for several days.
Am I entitled to reduced rent to compensate for our losses and or inconvenience?
Hello there. We live in Schenectady County and lease a home.The septic is leaking in our yard and we have emailed the owner ( he lives out of the country) but he is not getting in contact with us to resolve the problem. I spoke with the septic company and they said they informed him of this problem in February of this year and that he never contacted them to have it repaired. I have 3 dogs who come in and out of the house and I am 5 months pregnant. Is this a substantial issue under the warranty of habitability law?
Suzanne---you can pay for the repairs yourself and deduct from the rent. This is a major problem that needs to be address.
For more info check out my website: www.nmlawny.com
I moved into my apt in March 2009 and had no heat, then very little heat, then heat maintained at 60, 58, and other very low temps, and the landlord has entered many times w/o notice when I'm not home, and has not provided legally required ventilation. My apt is new construction in an old building and I was rented my apt when there was a stop work order going on and there was no temp cert of occup until Sep 2009. Also, it seems the complete lack of ventilation for my apt and the other new units would make the temp cert.s of occup fraud. Ventilation does not exist but is required per sec 27-758, 759 and 761. There are many serious issues. I have written emails to the landlord, and taken pictures, and have a lot of documentation. Can you please help me?
Hi Colleen--sounds like you may be entitled to a rent abatement. I can give a free consultation over the phone and will take a look at your documents if you like. My contact info is on my website: www.nmlawny.com
Question please when u can get to it. I live in a rent controlled privately owned building that for years has suffered without landlord repairs, painting,cleaning,garbage,leaks, no heat etc Despite fines, despite court appearances the landlord evidently gets away with it. Now he has a new managment company which has taken over the downstairs offices to the street (previously unused)and now is telling tenants to remove all belongings from the basement, which use was included in the rent leases from 1954 but since tenants are not issued licenses no one has paper proof. What is nyc law on this, this is east village apt building. Can the managment company takeover the basement and order tenant property removal immediately?
@JLC10023 Your concern for your mother's welfare is understandable. Many of the tenants at the Buchanan are very concerned and have formed a Tenant's Association and have held a tenant-wide meeting concerning landlord's application to get rid of doormen on one side of the building.
Moved into my apt 4/1 and a couple days later heard my neighbor screaming at the top of his lungs (incoherently) from 9pm to about 2:30am with about 10 - 15min intervals. Missed a day of work and have since been severely sleep deprived. Super informed me that neighbor has "episodes" where he gets "agitated". I read up on it and he has Alzheimer's. The previous tenant in my apt moved because of this reason and the mgmt company not only failed to disclose this situation to me but when I inquired lied by claiming to have had no knowledge of it. Super also lied stating that previous tenant never complained. I know for a fact that this is false. Is the warranty of habitability broken since I can't sleep AND can I force landlord to place me in another comparable apt via housing court? Thanks in advance, Nicholas.
You have a remedy, but it's not the warranty of habitability. Start with a "lawyer letter" requesting to be relocated, then escalate to a full blown suit if necessary. I would bring an action for fraudulent inducement and/or misrepresentation, among other things. The strategy is to sue for damages and make it more expensive for your landlord to fight you and keep you there than to relocate you at the landlord's expense. That's how I would do it. Give me a buzz. 718-701-5772.
Ara--I can't answer your question without more info. Please give me a buzz. 718-701-5772
Hi.I need you help.I have someone who rented a room from me. Am I supposed to give her the key of my mailbox?
you have to set up a system for her to get mail. you do not necessarily have to give her a key. if you are gone from the building for days on end, then you should give her a key.
Recently my landlord and I mutually agreed to end my lease early. I wanted out because the fuse box is from 1952, and from what I've been told is not up to code. They however don't work on the weekends so when a fuse blows, it can take days before my electricty is returned, leaving the food in the refrigerator to spoil. There is a hole in the floor that many of my friends stumble over when entering. He wants me out because my apartment uses a lot of electricity. During my last outage, a wire burnt and the electric company had to come to fix, to which my landlord threatened to charge me for. I agreed to unplug my toaster, microwave, etc. and we set a move out date and pro-rated my rent for the month, he has agreed to give me my security deposit. Does he have the right to withold it from me if the lease is terminated?
If you mutually agreed to end the lease early and he said he would return your deposit, than he should not have the right to keep it; however, if he decides to dishonor his agreement, how are you going to prove this was the agreement?
I did have a witness to the conversation, however in the lease it states that it is the only agreement between us, there are no verbal contracts. Other than that, I'm crossing my fingers that he'll be true to his word. When I originally moved in, I caught another tenant moving out early because her unit was not up to code as well. It seems like he expects his tenants to break the lease, in exchange for letting us out, none of us have called for an inspection. I've spoken to everyone in my 4 plex and none of them are satisfied with the quality.
If he dishonors his agreement, then bring him to small claims court to recover your security deposit.
Also, he said that it states in the lease that my microwave, minifridge and toaster were all forbidden in the lease. After reading it again it says "anything the deemed dangerous by the landlord shall not be permitted.
Does he have the right to outlaw my microwave usage on his property?
No more free legal advice for you.... ;)
Ha. Fair enough Nicholas. You got an awesome name, thank your mother for it.
-Nicholas Moccia
I moved into a residence that was for women in times of need during a period of family conflict. I had a prized position in my career as a respected visual artist. I needed some extra community to insure safety. I had a roommate in the first few months where the administration placed me in their choice of room with dorm style set up. The roommate had a habbit of undressing in front of windows at night with the shades up and parading her body around. She also wanted to sleep with windows wide open. I required closed windows and no undresding with shades up. The administration forced me to sleep with open windows by a fire escape near another building rooftop. Access through the window could have been easy. I fought this concern with plans to sue and the landlord finally placed me in my private room. However during the time that I was attending to these unforeseen concerns, I needed to handle the family crisis which caused a disaster in my loosing significant assets that should have been easy to maintain if there had not been undue duress and harm to me. I had plans to move as soon as I could and made sure that I could manage to get some protection before moving. I just moved and am ready to sue. These landlords also harassed me in offering a larger room to rent. Offer was in email and then repeatedly went back and forth in changing minds. I brought some additional belongings into my small room in anticipation to rent the larger room and never was given the right space. The landlord has tried to both offer me extended stay in the residence and try to evict me. It was only due to their weird harassment that I chose to leave and now have an apartment. I lived in cramped space for too long due to their offer for the larger room. They also made public harassment in having men serve eviction wishes in notices that we're delivered at night where rules of the residence prohibits male visitors without warning the women. I was peaceful in plans to be safe in my own apartment when they tried to serve me 6 times for the same notice. One posted on my door. One delivers by a man to my door and 4 sent in the mail. Later as I was moving the next day with reall overt respectful plans to leave in peace with caring for the nuns who run this residence, the man tried to serve me one more eviction notice even when we had agreed to settle pre-trial with no eviction. I was given rent refund for 4 1/2 months. I'm suing for this harassment also. The only reason to hope to evict was based on the confusion over the repeated offers for extended stay written in email and a non renewal of lease based on my need to be protected. The administration wished that I did not contact police when the best friend of the old roommate shoved me in the hallway. This woman is a tall dark black woman who is really intimidating. I have some documentation of these matters and wish to sue and hope to find the right information about my rights and the causes of actions and how much I can recover from losses to my assets, loss of work time, damage to my reputation and duress. Please let me know if you can make suggestions.
pjcala6 2 years ago
where do I find the above breaches ? where did you get this info? Is there somewhere legally that these are printed?