Obtaining Services from Your Landlord in New York

 

You have a bad stove or refrigerator!

  • What are your rights as a rent regulated apartment dweller?

  • What are your rights as an unregulated tenant?

Use the following generic form letter to send to landlord.

Dear Sir or Madam:
 

My (stove/refrigerator) is in a state of disrepair.
I call upon you to have same repaired.

If same cannot be repaired to reasonable performance then I am entitled to a replacement that will be in good order and repair or if that cannot be provided then you are obligated to provide a new (stove/refrigerator).

Under all circumstances the replacement must be of the same size and dimension.

Thank you for your kind attention.
I await your prompt response.
 

Very truly yours,

  

As to this letter:

  • It should be sent to the landlord by certified mail, return receipt requested. Also, by ordinary mail obtaining a certificate of mailing from the post office

  • Open a file and record all matters to document the matter.

  • If landlord does not respond, you may use this letter within 10 days to 60 days as a predicate to an individual rent reduction (RSL 26-514). Write to DHCR, 25 Beaver Street, New York, NY 10004 for an individual rent reduction application (only if apartment is regulated).

  • You can also go down to Housing Court and use the letter as a predicate notice for an HPD petition at Housing Court. (Even unregulated apartments can use this.)

However, before you do this it will put you in a better position with the Court if you can have the appropriate government agency inspect and serve a violation, i.e. Department of Buildings (DOB), Housing Preservation and Development (HPD), New York State Division of Housing and Community Renewal (DHCR), Environmental Protection Agency (EPA), or Board of Health.

Also, if you have a defective stove Con Edison will inspect and will Red Tag your stove if they find an appropriate violation.

Also, if the condition complained of can be viewed as a fire hazard by all means request an inspection by the Fire Department.

  Essential Repairs of Your Rent Regulated / Unregulated Apartment in New York

If your ceiling is falling, or your toilet does not work, or some similar condition that must be addressed promptly has appeared in your apartment such as rodents or roaches or mold, I suggest you send the following letter.

Dear Mr. Landlord:

This will give you notice that the following condition has developed in my apartment.

[In this paragraph describe condition in detail and if the condition can be shown by a photograph then annex a clear photograph.]

I have already reported the [condition] to you or the managing agent by phone.

I expect you to address this condition within twenty-four hours of the receipt of my letter.

If this is not done I am prepared to do the following:

Report this matter to HPD. It is my understanding that HPD, if they agree there is a violation, can make emergency repairs and then charge you and that the charge may be made on an emergeny basis which will be more than three times the ordinary charge.

(or)

I am going to bring in a (plumber/exterminator/ contractor) to repair this matter and will deduct his charges from the next month's rent.

I commend this letter to your most prompt attention.

Very truly yours,

As to this letter:

  • Send this letter by certified mail return receipt requested.

  • Open a file to document the matter.

  • If it is a condition that shows in a photograph that it is becoming worse, by all means take progressive pictures as the damage escalates.

  • If the condition is mold, you may consider calling in the Board of Health, or hiring a laboratory to evaluate if it is harmful mold.

Blogspot

Copyright ©2003 Tenant-AdviceandAlert.com is a free information site of New York Tenant's Rights and Landlord Tenant Law.

Any person who copies the content of this website without the owner's permission, will be prosecuted to the full extent of the law