Yellow Sizzle: New York

How to "Repair and Deduct"
with an Unresponsive Landlord

Under the Warranty of Habitability law in New York State, tenants are entitled to safe and decent living accommodations. This provision is applicable whether or not you have a lease.

When you need repairs, or certain defective conditions have to be corrected, make your request to the landlord in writing. If the landlord does not respond and you end up in court later, you will have proof that he or she was aware of the problem, but willfully refused to make the repair.

Send several letters if necessary, and keep copies.

If the repairs are necessary but simple, or not that expensive, such as repairing a lock, you may need to do it yourself or hire someone to do it, if the landlord doesn’t act. If you elect to go this route, notify the landlord in advance of your intention to correct the condition, and mention that you’ll be deducting the cost from the rent. Do it in writing. If the landlord doesn’t reply in an appropriate amount of time, send a follow-up letter, unless the situation in urgent.

If you still don’t get a response, do the work and get receipts for labor and parts. When you pay your next rent, send a letter explaining what you did and include copies of the receipts. The costs need to be reasonable.

Alternatively, to get repairs in New York City, suing your landlord in Housing Court or in an HP Proceeding can be very effective.

Generally, if you’ve had problems with the landlord, anticipate them, or aren’t getting adequate response, then even with small repairs it’s a good idea to speak with a Tenants’ attorney first, before making any alterations.

Keep in mind that if you or your repair person damage the apartment in the act of making these corrections, you could have legal liability. In either instance, the landlord may sue to evict you anyway. However, you can raise defenses with the paper trail you show the judge, if you’ve documented the ignored requests for repairs, and the reasonable costs you sustained for making the necessary adjustments.

For repairs of a more serious nature, that involve building systems or that may pose a health or safety risk, you’re best off consulting a Tenants’ lawyer before taking any action.

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Withholding rent may be an option, but can jeopardize your tenancy, especially if you don’t have a solid case and proper representation.

Usually, it’s best to avoid altering anything in your apartment, leaving the responsibility to the landlord, but in some situations this may not be possible.

Attention New York City Tenants: See this new page that has just been added to the McAdams Law main site on Bad Conditions .

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Put The Tenant Fair Chance Act
to Work For You

In February 2011 new legislation was passed to protect tenants from blacklisting. The Tenant Fair Chance Act requires landlords, real estate brokers and management companies, that rent apartments in buildings with five or more units, to disclose whether they use a screening agency when selecting tenants, and to supply its name and address.

If your rental application is denied, you must be notified in writing and given the reason why. The law allows tenants to get a fee copy of the report. You can monitor what’s on it and ask the screening agency to correct any mistakes or stale information that should have been cleared.

If you do end up in a fight with your landlord and subsequently resolve it, there’s specific language you can add to a settlement agreement to help minimize the damage resulting from being named in a Housing Court proceeding.

Click here to see a sample of the wording in that kind of agreement, called a “stipulation,” from the City-Wide Task Force on Housing website.

Take 25% off any order of $75 or more at VitalMax Vitamins! Use coupon code 600910. Discount provided in shopping cart. Expires 7/31/2012If you discover a mistake or discrepancy, contact the tenant screening service. See the City-Wide Task Force on Housing’s sample letter for tenant screening bureaus at this link . In this case, the letter asserts that the suit was brought in error. Of course, any sample documents should be customized to the actual facts of your case, and be accurate in what they state.

By law, tenant screening companies are required to remove data that is more than seven years old. If you meet with refusal or failure to update your records when certain data should be deleted, you may have to pursue legal action to clear your name.

These samples give you an idea of how to proceed. Generally, when it comes to preparing written documents it’s best to consult an experienced Tenant’s lawyer. Drafting the right language can be tricky, and experienced Landlord Tenant attorneys know the traps to avoid. Your case may have certain unique facts that need to be accounted for in the wording.

When it comes to dealing with the effects of blacklisting, at present there aren’t any foolproof strategies or complete solutions. You may take these steps and still have difficulties. Nevertheless, it’s important to handle damage control as best you can.

Attention New York City Tenants: See this new page that has just been added to the McAdams Law main site on Bad Conditions .