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What are my options if my landlord is neglecting necessary repairs in my apartment in New York City?

Picture of Chris Battis By   ·  1 minute read

If your landlord is neglecting necessary repairs in your New York City apartment, you have several legal options:

  1. Request Repairs: According to New York State law, landlords have a legal obligation to provide safe and habitable housing for their tenants. As a tenant, you have the right to request necessary repairs from your landlord in writing. Your request must be specific and include a timeframe for the repairs to be made. You should send your request in writing via certified mail, return receipt requested, or email, and keep a copy for your records.

  2. Withhold Rent: If your landlord fails to make necessary repairs despite your written request, you have the right to withhold rent until the repairs are made. However, this option carries some risk, as landlords may take legal action to evict tenants who withhold rent. Before deciding to withhold rent, it is recommended that you consult with an attorney to ensure that you are acting within your legal rights.

  3. File a Complaint: If your landlord fails to make necessary repairs, you can file a complaint with the New York State Division of Housing and Community Renewal (DHCR) or local housing code enforcement agency. The DHCR is responsible for enforcing the New York State Housing Maintenance Code, which requires landlords to provide safe and habitable housing to their tenants. The local housing code enforcement agency is responsible for enforcing the housing code in your city or county, which may have additional requirements for landlords.

  4. File a Lawsuit: If your landlord continues to neglect necessary repairs, you may have grounds to file a lawsuit against them for breach of contract or violation of New York State law. It is recommended that you consult with an attorney before pursuing legal action.

It is important to note that tenants have certain obligations under the law as well. For example, tenants must allow their landlords reasonable access to the apartment for inspections and repairs. If tenants refuse to allow their landlord access, the landlord may have grounds to take legal action.

In conclusion, if your landlord is neglecting necessary repairs in your New York City apartment, you should start by requesting repairs in writing. If your landlord fails to make the necessary repairs, you may have several legal options, including withholding rent, filing a complaint, or filing a lawsuit. It is recommended that you consult with an attorney to ensure that you are acting within your legal rights.