Legal recourse for tennants in poorly maintained prop?

konistehrad · February 2010

Hi all, long time lurker, first time poster.

I recently (around 6 months ago) moved into Crown Heights, and my experience in and around the neighborhood has been exceptionally positive. That was, of course, until my roommate's bedroom turned into a veritable waterfall, as water started pouring from the ceiling. Of course, we called our super, and this was the response we got:

"[your landlord] won't be fixing it, as she's not making enough money due to the first floor being vacant."

Clearly I'm outraged, and I'm sure this can't be legal. Do any of you have any advice for what I can hold over my landlord's head to get her to take care of this before the next good rainstorm?

Thanks everyone, and I look forward to contributing more to this great forum!

ishtar · February 2010

And I thought my LL was terrible.

debya · February 2010

Have you called 311 yet? You need to get this into HPD's system.

And since this sounds like it could be considered an emergency type situation, HPD SHOULD come and inspect quickly.

But, while you're waiting on them, you can go to Housing Court and file an HP action against your landlord and the court can compel her to make the repairs.

Visit http://www.cwtfhc.org/for-tenants#hp-actions for more info about HP actions.

modsquad · February 2010

Subject: Re: Legal recourse for tennants in poorly maintained prop?

konistehrad wrote:
"[your landlord] won't be fixing it, as she's not making enough money due to the first floor being vacant."

The super is not necessarily the person you need to address your complaint to. In most cases this would be the civilized way to get a repair but judging from this turd's response you have to find another way.
You have not legally informed the LL as of yet and they will suffer no legal consequences.
You need to send a certified letter documenting the damage and asking for repairs done in a timely manner to the LL or entity that is responsible for collecting the rent.. The super could even deny that you ever called him at this juncture. If I was him I would. He has no reason to implicate himself or his boss.
Talking to the super, emails, and phone calls are not evidence that are submittable in any court preceding (if it comes to that.)
What is the water from anyway. A toilet overflowing or the roof?
http://www.housingnyc.com/html/resources/attygenguide.html#13
A link to the Warranty of Habitability law.

walkathon · February 2010

Contact the Met. Council on Housing at www.metcouncil.net. They are a great tenant's rights group that gives free advice over the phone on Monday, Wednesday and Friday afternoons.

konistehrad · February 2010

Oh man, thanks so much everyone! We're on the top floor, so it's definitely rainwater getting in. We were willing to deal at first when it wasn't bad, but huge chunks of the ceiling are falling in now. Probably should have figured that A would lead to B; live and learn I guess.

Based on the responses, I'm feeling that the order of operations looks something like this: mail certified letter detailing damage --> wait for landlord to ignore it --> dial 311, tell HPD --> start throwing lawsuits around. Does this look about right?

Truth be told, I really don't want to end up in court over this, but I'm hoping that if I get my business together ahead of time my landlord will realize it's a losing proposition to go toe-to-toe with me.

Thanks again for your help, all!

nostrandpark · February 2010

FYI - the Brooklyn Bar Association is having a Landlord Tenant Primer for the Public on March 1st. It is "a primer for those interested in learning more about navigating the often murky realm of landlord and tenant conflicts that proliferate throughout New York."

http://nostrandpark.com/2010/02/24/landlord-tenants-rights-a-primer-for-the-public/

modsquad · February 2010

It doesn't make sense that the super would give that kind of excuse for not fixing the roof. Even if they weren't going to do anything some sort of reason of "were going to wait for better weather" or something like that usually puts tenants off for the time being. Nobody wants a legal fight especially landlord, credit rate fearing responsible rent paying tenants. Making an emergency repair to a roof may only cost a few hundred, but it obviously prevents thousands of dollars of damage.
Sounds like you walked into a financial dispute between the super and the landlord. I would try to get in contact with a legally responsible party on the phone before a letter is sent. You might get an entirely different response.
Now if you really want to have some fun, try involving your downstairs neighbors. I had a problem with a chronically overflowing bathtub above me that was only solved when for some reason that water passed through my apartment to the gallery below (with interest).

“when you have a problem you cannot solve, enlarge the context.”

Jean Monnet

The point is, it is not tenant's responsibility to protect the landlord's property or other tenants by placing buckets on the floor. The more people that complain the better.

xlizellx · February 2010

konistehrad wrote:
Based on the responses, I'm feeling that the order of operations looks something like this: mail certified letter detailing damage --> wait for landlord to ignore it --> dial 311, tell HPD --> start throwing lawsuits around. Does this look about right?

Thanks again for your help, all!

I wouldn't wait for him/her to ignore it -- send the letter and call 311 at the same time.

domino · February 2010

It is not your problem that the landlord is not making enough money due to the vacancy; your lease agreement requires you to pay a rent for a space which is fit for habitation.

Having been a landlord I would question the janitor''s statement. Why would I allow my property to be damaged further - even if the expenses are a problem?

I would doubt that the landlord is aware of this. Notify the landlord ASAP - phone call first and followed up with a certified letter. Advise that you have brought this to the janitor's attention (try to be specific about the dates) and you believe that the serious damages are exacerbated with each rain/snow fall.

If the landlord has been evasive or unco-operative, I suggest that you include a statement in the letter that you will NOT be paying rent since the space is basically inhabitable. That should start the repairs rolling.

You could go to the Brooklyn Bar Association and ask for some help in drafting the letter. There are always a few attorneys willing to help!

apartment blues · February 2010

konistehrad,

I would immediately call 311 and make a formal complaint which details the problem. Use your name. An anonymous complaint won’t mean much. At least, I have been told by a housing lawyer that anonymous complaints carry no weight in court. Sending a certified letter is fine, but you have let it be known that the problem exists, you received an unacceptable answer, and now you should, in my opinion, make that formal complaint.

Something similar happened to me. My landlord never accepted the letter (he didn't sign for it) so now I have the letter back, unopened. But making that 311 call in my case really helped. An inspector came out, detailed the problems and my landlord showed up and fixed the problems.

Go to http://www.nyc.gov/html/hpd/html/tenants/tenants.shtml Under where it says, "Tenants who would like to review or obtain copies of" there is a link that says "Please click here." Click it.

This is where your 311 complaint will be logged for the public to see. Also, you can see the history of past and current violations or complaints for your building (if any exist) by typing in the address.

catwalkertexasranger · February 2010

Koni-upstate transplant. 311 is a good start but don't wait for a government asleep to wake up to help you. Take video and still photos of the damage and current conditions. Write down a little log book of who,when and what what said to the super and the management company. Not a book but, that you took action and they did not respond or responded slowly. Send an email and a note to the management company explaining the problem,not the solution even if you know it. The current snow will melt into a river rapid so don't wait to long. Let your super know that a blue tarp is not a new roof and will not remedy the moldy dirty water secreting from the roof/subfloor/attic/walls.Good luck and get some rubber boots.Travelriter in the Jane Jacobs thread may be in need of a room mate and sounds very affectionate and cuddly.Worth a look

konistehrad · February 2010

Man, catwalk, you called the tarp thing. You sure you're not my super?

Unfortunately it's an independently owned building; there's no company to speak of on which to place blame. (Probably another transplant mistake; I'm learning slowly, I suppose.)

The landlord is aware of the situation however. She personally sent people out to do an evaluation, and after getting the pricetag on the repairs she was the one that balked.

I tried calling my super today to no avail; same with the landlord interestingly. I'm going to try to call again tomorrow and take the "high road" here, but if I don't receive some response by Monday I'll be putting a letter in the mail. Disparaging to hear that it might come back, but if it does it's at least documented that I sent it to her address on day X and it was sent back unopened on day Y.

To modsquad: I too was surprised it's not being taken care of; the damage is getting pretty extensive. I don't want to remove the buckets only because I really like my downstairs neighbors, and I think it'd be more constructive to have them also just call and complain without accidentally ruining some of their things first.

Regarding withholding rent: I don't want to open myself to legal action. modsquad's earlier link on housingnyc.com shows that she can bring legal action against me, and while it opens her to a counter-suit for neglecting the property I'm going to consider this an "absolutely last resort" option (tho it's still on the table.)

modsquad · February 2010

Regarding sending certified letters. At the same time you send a cert. letter send another with only "proof of mailing" (same letter). This covers the returned cert. letter with an actual proof of another copy sent and legally understood to be delivered.

I don't want to open myself to legal action. modsquad's earlier link on housingnyc.com shows that she can bring legal action against me

What catwalkertexasranger says about keeping a diary and pictures will prove the reason you withheld rent was valid. At the same time making calls to 311 puts you on record. Have a friend witness the damage and add written testimony on your behalf. The court looks at this stuff as solid evidence against a slumlord. Judge will dismiss any action against you although it is very unlikely this would go further than strongly worded letter demanding you pay rent. Furthermore, it would be cheaper to fix the roof than hire a lawyer to bully you over attempting to live in a decent apartment.

new2nyc · March 2010

dont forget when you withhold rent to hold on to it in a savings account, or some other way that you can show the courts you had full intention of paying upon repair.

do not be afraid of taking legal action, your landlord has more to lose than you do.
always.

Legal recourse for tennants in poorly maintained prop?

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