Landlord help - what are my options?
Alright so I live in the building at 267 Lincoln Place, on the corner with Underhill. The building is managed by either Pomp, LLC or Galster Management Group, which I believe are one and the same. I know that they also manage a lot of other buildings in the area.
When I first moved in, I called the super about a host of minor problems (buzzer broken, no shelves in cabinets, etc), and he said he couldn't fix anything because the landlord hadn't taken him to get the appropriate parts. I called the landlord for about 20 straight days but never got through to him and never got a response so eventually I fixed most of the stuff myself (with help from Pintchik).
Now, my toilet has been broken for about two weeks. It flushes with the aid of a coat hanger that I had to hook up to the chain, but the water is running all the time and it's, well, unsightly. My super's phone has been turned off, and I called the management company and they told me that he no longer had a phone, they were working on getting him one, and I would have to just go find him myself.
The super is a very nice guy who speaks very little English and I believe serves as the super for at least five buildings in the area - his name is Roman. I don't want to get him in trouble; I feel like he's getting screwed by the management company as badly as I am, especially because every time I have gotten him to come to the apartment his phone (which no longer exists) has been ringing off the hook with people needing stuff.
So what do I do? I want to get my toilet fixed, but it's beyond my capacity and I don't want to pay for any of the parts. I can't find the super ever, and I can't get in touch with anyone beyond the receptionist at the management group. Who should I call?
When I first moved in, I called the super about a host of minor problems (buzzer broken, no shelves in cabinets, etc), and he said he couldn't fix anything because the landlord hadn't taken him to get the appropriate parts. I called the landlord for about 20 straight days but never got through to him and never got a response so eventually I fixed most of the stuff myself (with help from Pintchik).
Now, my toilet has been broken for about two weeks. It flushes with the aid of a coat hanger that I had to hook up to the chain, but the water is running all the time and it's, well, unsightly. My super's phone has been turned off, and I called the management company and they told me that he no longer had a phone, they were working on getting him one, and I would have to just go find him myself.
The super is a very nice guy who speaks very little English and I believe serves as the super for at least five buildings in the area - his name is Roman. I don't want to get him in trouble; I feel like he's getting screwed by the management company as badly as I am, especially because every time I have gotten him to come to the apartment his phone (which no longer exists) has been ringing off the hook with people needing stuff.
So what do I do? I want to get my toilet fixed, but it's beyond my capacity and I don't want to pay for any of the parts. I can't find the super ever, and I can't get in touch with anyone beyond the receptionist at the management group. Who should I call?
Comments
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Don't know of the legal ramifications, but I'd get it fixed myself and deduct it from the rent... potentially trading one hassle for another, but it's a trade I'd take.
Can you document the numerous times that you've contacted them about fixing it? You could also do the withholding rent in an escrow account thing - some people on the board have that experience and I'm sure that they'll gladly share with you. -
311?
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I'm pretty sure tenant.net can advise you as to how to handle this situation.
also, your lease can probably guide you. I'd read your lease and tenant.net. don't suppose you saved your receipts for the work you did early on? -
http://www.tenant.net/nyc.html
has great message boards where someone else has inevitably dealt with the same problem you are having . . . great advice there
you can document everything, and keep receipts and go to court and file complaints etc
me,
I'd get it fixed myself
for peace of mind
it's too easy to get sucked into a protracted battle with a management co
NOT that I don't think they should be responsible, but life is just too short to steam for weeks over that bullsh*t -
Fix it yourself, and deduct it from the rent. Include a copy of the reciepts with your rent check. Send a certified letter to the landlord/management company first telling him you will do this if it's not fixed by a certain date.
I just had to buy a new stove because my landlady has been bullshitting me for 3 months, promising to get me one. After staying home all day Monday, from 10am to 4:30 pm, with her on the phone telling me "it's on the truck and on the way", 2 guys finally showed up at 4:40 with no stove, prepared to fix my refridgerator {new, and not broken}. I thanked them anyway, sent them away, and marched my ass {literally, because I was so mad} to Home Depot, and bought a new stove, to be delivered next week. I haven't been able to cook for 3 freaking months, since it was broken when I moved in! I will give her a copy of the receipt for it, and have taken pictures of the broken old one, should she wish to go to court for any reason. Really, what the hell is wrong with landlords like this? I can tell you that when my lease is up in 1 year, 9 months, I'm gone. -
Grrr...Galster Mgmt. :evil:
I'm just moving out of one of their buildings. Have you ever tried to call them? I have NEVER spoken to a person other than the receptionist. They always put me through to "Maria's" voicemail. I don't think she even is a real person!
In my building, one of the tenants put together a petition for a new intercom system--and later to have the front door fixed. She then went to Housing Preservation and Development (I think) who pushed them to get it done. It seems you have to go to the city for Galster to do anything.
I'm going by there tonight to get my last few things, so I'll try to get the name/number of the woman at HPD. -
Yeah my buzzer is broken, as well. Not a big complaint, but such a pain in the ass with food delivery and stuff.
I think getting it fixed myself and deducting it from the rent seems like a good idea. Thanks for all the advice. I'll check out tenant.net -
as a landlord i dont know how you guys deal with these assholes. let the market place teach them a lesson. stop renting form them. leave asap when the lease is up.
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teddyballgame wrote: Yeah my buzzer is broken, as well. Not a big complaint, but such a pain in the ass with food delivery and stuff.
One of the things that got their attention in our building, was that we filed for rent deduction for decreased services. http://www.housingnyc.com/html/resources/dhcr/dhcr14.html
I think getting it fixed myself and deducting it from the rent seems like a good idea. Thanks for all the advice. I'll check out tenant.net
This was on the suggestion of the HPD worker.
And yes, you can make the repairs and deduct the money--if its deemed an emergency--under Warranty of Habitability.
"In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs." -
But caaahyoko, what if you're the only tenant, like me. My landlady lives below me, I am not rent stabilized or controlled. Suprising that she would treat the issue this way, because now it's very uncomfortable to live here. Any links that you know of for tenants without this protection? I believe Warranty of Habitability extends to everyone who signs a lease, although I don't think DHCR could have helped me.
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sje wrote: But caaahyoko, what if you're the only tenant, like me. My landlady lives below me, I am not rent stabilized or controlled. Suprising that she would treat the issue this way, because now it's very uncomfortable to live here. Any links that you know of for tenants without this protection? I believe Warranty of Habitability extends to everyone who signs a lease, although I don't think DHCR could have helped me.
what does your lease say on its face? it should quote or cite the parts of the law that govern it. also, if you don't have a paper lease, there should be some part of the landlord tenant code that articulates what laws govern when there is no binding paper.
and, unless the UCC in NY is totally whack, the warranty of habitability should cover you. -
sje wrote: But caaahyoko, what if you're the only tenant, like me. My landlady lives below me, I am not rent stabilized or controlled. Suprising that she would treat the issue this way, because now it's very uncomfortable to live here. Any links that you know of for tenants without this protection? I believe Warranty of Habitability extends to everyone who signs a lease, although I don't think DHCR could have helped me.
SJE - when you rented the apartment what did she say would be provided - did she say she would provide the oven and fridge? If I am not mistaken when it is a private 2 family residence the landlord is required to furnish one or the other unless your lease specifically states that you will be provided with both.
But in any event if the oven was part of the deal then I agree that you should deduct it from the rent giving her the receipt. -
Subject: Re: Landlord help - what are my options?
teddyballgame wrote: Alright so I live in the building at 267 Lincoln Place, on the corner with Underhill. The building is managed by either Pomp, LLC or Galster Management Group, which I believe are one and the same. I know that they also manage a lot of other buildings in the area.
Are you stabilized? Take Polaroids of everything that hasn't been fixed. Keep records of your phone calls and responses, etc. Keep your receipts. You might also want to check with the 8th floor of the Buildings Department on Joralemon Street as well as DHCR. I used to deal with a 6'+ black dude (with a shaved head) on the 8th floor. He's pretty helpful in steering you to the right people if DCHR decides to lolligag or if DCHR cannot get involved. I'd also Fed Ex/UPS copies of your Polaroids or additional Polaroids along with a letter to the management explaining what's going on. This way if they bring a court action against you for doing repairs yourself, or for not paying rent you can show the judge that you have indeed tried to contact them a number of times and never received a response, or repairs. As far as the super is concerned, if he's fired it won't be because of you. He is the scapegoat regardless. This is how incompetent people operate. They make the underlings suffer.
When I first moved in, I called the super about a host of minor problems (buzzer broken, no shelves in cabinets, etc), and he said he couldn't fix anything because the landlord hadn't taken him to get the appropriate parts. I called the landlord for about 20 straight days but never got through to him and never got a response so eventually I fixed most of the stuff myself (with help from Pintchik).
Now, my toilet has been broken for about two weeks. It flushes with the aid of a coat hanger that I had to hook up to the chain, but the water is running all the time and it's, well, unsightly. My super's phone has been turned off, and I called the management company and they told me that he no longer had a phone, they were working on getting him one, and I would have to just go find him myself.
The super is a very nice guy who speaks very little English and I believe serves as the super for at least five buildings in the area - his name is Roman. I don't want to get him in trouble; I feel like he's getting screwed by the management company as badly as I am, especially because every time I have gotten him to come to the apartment his phone (which no longer exists) has been ringing off the hook with people needing stuff.
So what do I do? I want to get my toilet fixed, but it's beyond my capacity and I don't want to pay for any of the parts. I can't find the super ever, and I can't get in touch with anyone beyond the receptionist at the management group. Who should I call? -
stacey wrote: [quote=sje]But caaahyoko, what if you're the only tenant, like me. My landlady lives below me, I am not rent stabilized or controlled. Suprising that she would treat the issue this way, because now it's very uncomfortable to live here. Any links that you know of for tenants without this protection? I believe Warranty of Habitability extends to everyone who signs a lease, although I don't think DHCR could have helped me.
SJE - when you rented the apartment what did she say would be provided - did she say she would provide the oven and fridge? If I am not mistaken when it is a private 2 family residence the landlord is required to furnish one or the other unless your lease specifically states that you will be provided with both.
But in any event if the oven was part of the deal then I agree that you should deduct it from the rent giving her the receipt.
Usually you rent what you get. If the oven and refridgerator came with the apartment at rental then the landlord is required to furnish or repair them when broken unless there's a stip/ryder saying otherwise. A reverse example would be if a tenant moves in and there isn't any window screens, the tenant rents "as is" and then demands that the landlord installs screens. The landlord isn't required to do that because the tenant rented it "as is" without screens. "As is" can also include phone jacks, shower curtains, and other non essentials. -
WHen I looked at the place, it had a fridge held together by duct tape, and the stove. The gas was not turned on, so I could not test the stove. She said I would get a new fridge, and I did. A few days after I moved in I realized the condition of the stove {pieces literally falling off or gone and the oven door doesn't work, and only one burner works with a match. I'm afraid the thing will blow up if I try to use the oven or broiler}, she said I could have a new one in August. I agreed to wait the 2 months.
Cue now: End of August, no stove. I reminded her, she then said one was on it's way to me Monday. Rest of the story above. I have invited her up to inspect it, and she has declined, ignoring me. I'm sorry I had to bother to go get a new one on my own, but at this point, fuck her. I was patient and tried to work with her, to no avail. -
Do you have a lease?
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sje wrote: WHen I looked at the place, it had a fridge held together by duct tape, and the stove. The gas was not turned on, so I could not test the stove. She said I would get a new fridge, and I did. A few days after I moved in I realized the condition of the stove {pieces literally falling off or gone and the oven door doesn't work, and only one burner works with a match. I'm afraid the thing will blow up if I try to use the oven or broiler}, she said I could have a new one in August. I agreed to wait the 2 months.
wait a second . . was it you talking about a great deal on a really beat apt a few months ago? Someone here was trying to figure out whether to put reno money into a long-term rental . . .
Cue now: End of August, no stove. I reminded her, she then said one was on it's way to me Monday. Rest of the story above. I have invited her up to inspect it, and she has declined, ignoring me. I'm sorry I had to bother to go get a new one on my own, but at this point, fuck her. I was patient and tried to work with her, to no avail.
If it is, I wonder if you've talked to her about taking care of the stove yourself (and taking it off the rent) . . . but framing it in way that is about *her* convenience/not having to deal with it. Sure it's a tedious manipulation - but if you get the place the way you like it - might be worth it.
And tenants in unregulated apts still have protections in NY -- it's just a different set of rules when it's only you and the owner in the building. -
http://tenant.net/phpBB2/viewforum.php?f=4
Here's the message board for non-regulated NYC apts on tenant.net
I've found it really helpful in the past . . . -
Wow, Galster is on my list of contact calls for my apt search.
Caaahyoko, I'm so sorry you didn't have a good experience with them! I am living in Carroll Gardens but need to leave in the next few weeks and called Marjorie. Still waiting to hear back from her! After reading these posts I will be sure to steer clear of Galster. :shock:
Good luck at your new place;-) -
http://tenant.net/phpBB2/viewtopic.php?t=4333
and here's a thread about stoves!If LL supplies stove, LL is required to keep it in good working order. The NYS warranty of habitability law is enforced by our courts by giving tenants rent abatements. Ask you LL for a discount off next month's rent.
good to have the law on your side, but IMHO strategically not the best opening line for discussion if you want to get back to a comfortable relationship with LL -
Eve wrote: Wow, Galster is on my list of contact calls for my apt search.
are there ANY good management companies?
Caaahyoko, I'm so sorry you didn't have a good experience with them! I am living in Carroll Gardens but need to leave in the next few weeks and called Marjorie. Still waiting to hear back from her! After reading these posts I will be sure to steer clear of Galster. :shock:
Good luck at your new place;-) -
Good point, pitu. Private landlords aren't much better either. Mine raised the rent by $350 and has made no attempt to make necessary improvements in plumbing and windows.
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Eve wrote: Good point, pitu. Private landlords aren't much better either. Mine raised the rent by $350 and has made no attempt to make necessary improvements in plumbing and windows.
I always did better with individual landlords, but when something changes and they want you out you have alot less on your side as a tenant...
But seriously, is anyone in a more than 3 unit well-run building with a responsive management company? -
pitu wrote: [quote=Eve]Good point, pitu. Private landlords aren't much better either. Mine raised the rent by $350 and has made no attempt to make necessary improvements in plumbing and windows.
I always did better with individual landlords, but when something changes and they want you out you have alot less on your side as a tenant...
But seriously, is anyone in a more than 3 unit well-run building with a responsive management company?
when I lived in manhattan my management companies were great ...
in brooklyn ... I'll just say that I'm glad I bought my apartment. getting things fixed was a royal pain in the ass when I was renting. -
armchair_warrior wrote: as a landlord i dont know how you guys deal with these assholes. let the market place teach them a lesson. stop renting form them. leave asap when the lease is up.
The only lesson this will teach them is that they can get more rent from the next tenant by being a crappy landlord (especially if it's stabilized). -
I do have a lease, of course. I offered to buy the stove right in the beginning and take it off the rent, she emphatically said no to that, yet wasn't willing to fix or replace it in a timely manner {3 months? too long, and still no action}.
Thanks for the link for us non-stabilized or controlled!
I will not be withholding any rent, as I agreed to wait two months, and I do want to live out the remainder of my lease with as little tension as possible, although now that I know she doesn't do anything except blow hot air, it's going to be tough if something breaks. Pretty much decided to fix things myself after giving a 2 week window for her to do it first, will not wait 3 months again.
Many thanks for the info and links!
This was not the shithole apt. I was considering fixing up, although it qualifies. I usually fix my apts up, paint and add nice fixtures, etc. This one, barely a nail into the wall and no improvements on my dime whatsoever. Forget it. -
pitu wrote:
in a word, no.
are there ANY good management companies? -
a word to anyone leaving a galaster/pomp building--if you use your deposit for the last month's rent, as you are leaving the building they will give you a bill for two months rent (it happened to me and to another guy moving out that same day) and you will have to call and tell them that you are using your deposit for the last month's rent and that while the bill itself says you are moving out on the first (such as June 1) and you have given 30 days notice and everything, you don't really want to pay for the entire month of June (surprise, surprise). I was almost in tears under the stress at the time and after calling for the last 2 months for a mysterious person named something like Steve, they will not give me a corrected bill for my own record (and they tell me some bs like Steve is the only person to ok something like that and he is only in from 3-4 pm, so i stop by and he isn't there, i call and he isn't there or on vacation...)
also, there is a rosa or rosie or something that works there but you can almost never get her (and she's not very helpful and gave me crappy info). sometimes the secretary will help you out and see what she can do if you call every ten minutes again and again over the period of a couple of hours, or if you are lucky enough to get the guy on the phone who doesn't know to pretend they aren't in and you can hear them talking in the background
while it may be best to get the work done on your own and save reciepts, be prepared to battle with the management co. -
Saram, did they charge you the extra month because it was the first? Usually leases end on the LAST day of the month and you vacate by the first, not on the first. I could see that being a factor for them asking for the extra.
If they won't do the repair work, and you go through the proper procedure and end up paying for it yourself, all you need is the original reciepts and any other records, {like correspondence or pictures}, if they decided to take you to court to claim the deducted rent, which I would doubt would happen. If they won't update their internal records, there's not much you can do about it. The housing links in this thread are totally worth reading. -
sorry
re-reading my post, it's not very clear
in the middle of april I told them via phone I was moving out at the end of may and I sent a letter in writing stating the same
while finishing the last of the moving the last day of may, i was given a bill that said something like 'last day June 1' and the bill included rent for the entire month of June
this might seem like a typo or something, but another guy moving out at the same time as me was completely floored by it as well
i ended up having to call and call and call, eventually get someone on the phone after a few weeks who said they would take the june rent off of the bill and apply my deposit for the last month of rent, but then said they could not send me a corrected bill of zero balance (which seems a bit fishy to me)
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