New York City Apartment Repairs - What You Should Know

At some point or another, most New York renters have to deal with a repair issue. Under the “Warranty of Habitability” which is a group of state laws that deal with the conditions of housing, a tenant is entitled to an apartment that is “fit for human habitation.” This means that there are no endangering conditions that would be detrimental to the life, health or safety of tenants. Often, something happens while a tenant is in residence that will require a repair or replacement in order to meet the warranty of habitability.

As a tenant, you have a responsibility to alert the landlord or managing agent if a problem arises that requires a repair. Landlords are responsible for the cost of repairs unless the damage was a result of the actions (or inaction) of you or your guest. However, no matter what the cause of the damage, a landlord has the legal responsibility to maintain the property. This may mean that repairs that are the result of your actions will be deducted from your deposit.

If you need a repair:

Follow your landlord or management company’s procedures. Large management companies generally have a maintenance team and may have a 24-hour emergency number. Smaller landlords may have a super that is assigned to your building to deal with repairs.

If the repair is an emergency:

If your landlord doesn’t respond and the repair constitutes an emergency (no heat, a leak that continues to flow, any electrical problems, or a fire or gas hazard) you should call 311 to report the problem to the Department of Housing’s Complaint Bureau.

If the repair is not an emergency:

1. If your landlord doesn’t respond and the situation is NOT an emergency, issue a letter, detailing the problem and asking that the problem be addressed by a certain date (generally 30 days) and send it certified mail. Make sure that you keep a copy of the letter and the receipt.
If your landlord still doesn’t respond, send a second letter in the same way (certified mail and retain a copy) given 15 days to address the situation or you will file a complaint with the authorities.

2. If your landlord still doesn’t make the repairs after you have notified him/her in writing, there are several things that you can do.

3. Contact 311, the Department of Housing and ask for an inspection. They can legally order a landlord to make necessary repairs or the landlord can receive a fine.
You can make the repairs yourself or hire someone to do the repairs and then deduct the cost form your rent, provided that you follow a few simple rules. A) the repair must correct a violation of the City’s Housing Maintenance Codes B) document the need for repairs with photos, estimates, and actual costs C) get bids or estimates from several sources to show that the charges are in line.

4. File a complaint in Housing Court

Please remember that cosmetic changes don’t constitute a repair.

originally posted April 13, 2007