If you are a tenant in New York City, you have the legal housing right to a safe, decent, sanitary living environment. This right applies to the entirety of the apartment you rent, and the public areas of the building as well.
Steps to Request a Housing Repair
Under New York State law, tenants have the right to request repairs regardless of their rent regulation status.
If you need a repair, simply contact your landlord or super about what is needed. You can write them a letter stating what the repairs are and the date you need them done by, so the request is documented (be sure to make a copy for yourself.)
If the letter still does not bring a response, try contacting your building owner in person or by phone; make them aware that the repair is important, and if it is not done soon, you will have to contact the Department of Housing Preservation & Development.
How Much Time Does My Landlord Have to Make Repairs?
To avoid issues, tenants can negotiate with their landlord what the reasonable amount of time needed to make repairs is. According to state law, a reasonable amount of time is defined as:
- 24 hours for immediately hazardous conditions
- 30 days for hazardous conditions
- 90 days for non-hazardous conditions
* “Hazardous conditions” are anything that has the potential to cause injury, harm, or have adverse health effects on someone or something in that living space.
Can I Make Repairs Myself?
You may use rent money to make emergency repairs if your landlord has been made aware of the issue and has not taken action in a reasonable amount of time. It is important that you can prove making the repairs on your own was warranted, due to it creating a danger to the safety or health of occupants in the premises.
What To Do If Your Landlord Fails to Make Repairs
If your landlord or super is unresponsive after multiple attempts of getting repairs done, you have a few options. According to the New York Rent Guidelines Board, they include:
- File a complaint with the NYC Department of Housing Preservation & Development. They can order your landlord to make repairs and possibly fine them for not doing so in a timely manner.
- If your apartment is rent-stabilized, you can file a complaint for “decreased services” with NYS Homes and Community Renewal (HCR).
- If your living space maintenance problems are severe, you should consider filing an HP Action in Housing Court.
Housing Legal Support from IDG Legal
Although these steps can be taken independently, it is highly recommended that you consult with a knowledgeable housing lawyer regarding all issues discussed.
As a member of IDG Legal, you have access to a lawyer skilled in housing and landlord/tenant issues, for free. To learn more about the Housing benefit, tap here. To get immediate assistance for housing issues, fill out a form here.
