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A landlord's failure to repair
is a serious issue, and tenants often feel powerless to force the landlord
to do fix an apartment. Nevertheless, every rent-paying residential tenant
is entitled to Warranty of Habitability - that is, the right to a safe,
habitable apartment.
There is no need for a rent-paying tenant to live in an
apartment that is unsafe or unsanitary, or that fails to provide essential
services. This fact sheet explains exactly how to get those repairs -
step by step.
STEP ONE: WRITE THE LANDLORD
Once you have called your landlord and the landlord fails
to repair the problem, remember that every action your take or communication
you have NOW may be reviewed by a court LATER. That's why the first step
is to put your request in writing.
Putting your request in writing makes you look good if you
have to go to court later. It leaves no ambiguity as to what you communicated
to the landlord. And a large number of landlord's who receive the written
request for repairs will act on it, thus avoiding court.
What should be in a repair letter? Cover all of the following
points:
1) PROBLEM DESCRIPTION. Describe the condition and give its exact location
within the apartment. For example: "Ceiling leak, master bedroom."
2) TIME FRAME. Give a reasonable time for the landlord to effect the repairs.
Repairs of an emergency nature obviously should be fixed within 24 hours.
3) CONTACT NUMBER FOR ACCESS.
4) ACCESS DATE. Even though the access dates you propose may not in the
end be convenient for the landlord, the fact that you proposed specific
dates in writing forces the landlord to defend the reason for rejecting
each access date.
5) WHAT HAPPENS IF THEY FAIL TO COMPLETE. You may want to write something
like, "Thank you in advance for your consideration. If you are unable
to repair this condition, I will hire a contractor to make the repairs,
and then deduct the repair from my rent."
Tone
Remember that the tone of the letter should be respectful,
because remember that this communication can be read by a judge if this
issue has to come to court. Using any harsh tone in the letter - even
if it is justified - can be taken out of context and make the tenant look
like the bad guy in front of the judge.
STEP TWO: CALL AN INSPECTION.
If the landlord fails to make the repair, call 311, describe
the problem, and provide access for the appropriate inspector to be there.
Inspectors usually do a good job of citing violations when
there's a problem with plaster, plumbing, windows, floors or ceilings.
Also they are good with citing rodents and vermin, because they leave
tracks.
What inspectors are NOT good at are noises and smells. It's
not their fault. For some reason, the loud banging noise that you are
complaining about always seems to mysteriously stop the moment that the
inspector shows up. (Of course, if the noise comes from an improperly-vented
restaurant exhaust fan, you will probably get the landlord violated for
that.)
After you call in the inspection, write down the complaint
number the 311 operator gives you, and follow up on the complaint number
if you do not hear from an inspector.
STEP THREE: SUE THE LANDLORD
After all else fails, when you don't get the repairs you
need, you should sue the landlord for repairs.
In Manhattan, a suit for repairs is the easiest lawsuit
you can do. Just go the housing court at 111 Centre Street with a list
of the repairs that need to be done (BRING YOUR LETTER!). Go to the clerk's
office, say you want to file an HP ACTION. Pay $45.00. Fill out a simple
form.
When you file an HP action, you can simultaneously request
an inspector from HPD. That way, when you get to court, the inspector
should have filed a report. In the overwhelming majority of cases, the
result of the HP action is that on the first court date, the landlord
signs a consent order agreeing to a timetable of access and repairs.
STEP FOUR: ORGANIZE
If you face a building-wide problem, the best way to fight the landlord's
failure to repair is to organize a tenant association in the building.
There are many community organizations in every area of the city who are
willing to assist in organizing tenants for better conditions. Tenant
organizations regularly band together to share legal expenses for attorneys,
to press jointly for repairs and other services, and when the landlord
is really intransigent, to organize rent strikes.
These are the basic steps. The best way to employ the methods
I have just described is to implement them in order, one after the other.
The process of pressing the landlord for repairs often takes a long time,
and thus, you should not delay from one step to another. Just like today's
discount stores, some landlords make a profit from poor customer service.
By methodically pressing for repairs, you are teaching the landlord to
provide services in a timely fashion or suffer the consequences.
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