It is important to note that these FAQs are not intended as a substitute for the definitions, interpretations, etc., contained in the respective rent regulatory statutes, codes, and regulations themselves, or any administrative or court decision construing such statutes, codes, and regulations, or any order of the New York City or County Rent Guidelines Boards.
- What steps do I have to take to get my landlord to make repairs?
- Can I repair/improve my apartment myself?
- How long should we be without our refrigerator until the landlord replaces it?
- Recent repairs were not sufficient! What can I do?
- My building is a mess! Are there rules regarding the time and duration of construction?
- Does the law require a Super to live in my building?
- Can the Super enter my apartment when I’m not there to make repairs?
- What are the rules for painting apartments?
- What is a 7A Administrator?
What steps do I have to take to get my landlord to make repairs?
Under a provision of state law called the “Warranty of Habitability,” tenants are entitled to an apartment fit for human habitation without any conditions endangering or detrimental to their life, health, or safety.
Consequently, all tenants, regardless of rent regulation status, are eligible to seek repairs and rent abatements for violations of this Warranty of Habitability. Note, however that your landlord may not be responsible for the cost of repairs if the defects were due to your negligence or the negligence or abuse of someone else in your household. Regardless of whether the landlord or the tenant is ultimately liable for the cost of a repair or maintenance defect, the owner is obligated to keep the premises in good repair.
If your apartment has defects and needs repairs, we generally advise renters to follow the following steps:
- Contact your super and/or landlord about the needed repair.
- If your superintendent or management company is not being responsive, and the repair has not been made in a timely manner, write a letter to the owner of the building detailing the problem and asking for the repair to be made by a certain date. If the super is simply lax about making repairs, this type of “prompt” to the owner may elicit action. Send the letter by certified mail (read your lease and be sure to follow the requirements for “notices” set forth in the lease) and keep a copy in your files. JustFix.nyc provides a free online tool to notify your building owner via certified mail of needed repairs. They also have a guide to calling 311 to get things fixed in your building.
- If the letter does not bring a response, try to contact the owner in person or by phone. Let them know that resolving the problem is important and that if it is not resolved you will have to file a complaint with the authorities.
If the owner still does not respond you can do any (or a combination of) the following:
- Read the NYC Dept. of Housing Preservation & Development’s (HPD) guide to Tenants’ Rights and Responsibilities and/or File a Complaint with HPD. HPD can order the landlord to make repairs and/or fine the landlord. A word of warning, however — this process may take time unless the problem is urgent, such as a loss of heat or hot water. Such problems receive a higher priority from HPD.
- Make the needed repair yourself (or hire someone to do it) and deduct the cost from your rent. Be certain that the expense was necessary to correct a violation of the City’s Housing Maintenance Code. Also, be careful to get bids for the work and to document both the needed repair and the costs. Bear in mind that this may result in litigation for non-payment of rent. You will need to justify your withholding. Before you take this approach, it is wise to consult legal counsel.
- If your apartment is rent-stabilized, file a complaint for “decreased services” with NYS Homes and Community Renewal (HCR), the state agency which administers the rent laws. Information on services can be found in HCR Fact Sheet #3: Required and Essential Services.
- You can you can file an individual apartment complaint of decreased services online. More information about decreased services is available in HCR Fact Sheet #14: Rent Reduction for Decreased Services.
- In the case of maintenance problems that are severe, you should consider filing an HP Action in Housing Court. For more information on housing court in New York City, see our Legal Assistance page. JustFix.nyc also offers assistance on filing an emergency HP Action proceeding on their website.
- The Legal Aid Society offers a useful primer on how to get repairs in your apartment.
Can I repair/improve my apartment myself?
Be careful to distinguish between a repair and an improvement/alteration. Most leases prohibit alterations to the apartment without the landlord’s permission. Also, a landlord is generally entitled to control repairs to an apartment. However, if you have notified the landlord of the need for a repair and they have failed to respond, making the repair yourself may be appropriate.
With respect to improvements/alterations, you may want to consider a few options:
- Approach the landlord with plans for the work and ask for their permission to carry it out. Many landlords will refuse, since they won’t have sufficient control over the construction and/or will not get any kind of rent increase if the work involves an improvement.
- Ask the landlord to make the improvements and agree to pay an increase in rent. The Rent Stabilization Law allows landlords to increase the rent for qualifying apartment improvements. However, when the apartment is occupied, the tenant must agree in writing to the improvements and the specific amount of the rent increase. For more information on Individual Apartment Improvements (IAIs), see HCR’s Apartment Improvements page, HCR’s FAQ on MCIs and IAIs, and HCR Fact Sheet #26: Guide to Rent Increases for Rent Stabilized Apartments.
How long should we be without our refrigerator until the landlord replaces it?
There is no specific regulation on the amount of time a stabilized tenant may be without their refrigerator as long as the owner makes a good faith effort to replace that service. You should be aware of the following:
- The landlord must repair a broken or faulty appliance that was provided in the lease when you rented the unit or replace it with a unit of the same type or quality if it cannot be repaired for no extra rent charge.
- The lack of a refrigerator may constitute a violation of your warranty of habitability and/or a reduction of services, so you may want to file a reduction in services complaint with HCR steps.
For additional information on how to deal with getting repairs accomplished, see the steps outlined in the first question at top.
Recent repairs were not sufficient! What can I do?
Follow the same steps outlined in the first question at top.
My building is a mess! Are there rules regarding the time and duration of construction?
The owner of the building should have a building permit for the work. Generally, permits specify the allowable hours of work. The NYC Department of Buildings is charged with enforcing the terms of the building permit. Find out more and file a Building Construction Complaint. If the company is not abiding by the terms of the permit you should document the company’s infractions and present this evidence to the Buildings Department.
Naturally, construction is a messy job, so you can reasonably expect somewhat dirtier conditions. However, if the building is a real mess and no effort is being made to clean up, or if you believe that the construction is resulting in exposure to hazardous materials, you should immediately contact the NYC Dept of Buildings.
You can file an individual apartment complaint of decreased services online with NYS Homes and Community Renewal (HCR), the state agency which administers the rent laws. See HCR Fact Sheet #14: Rent Reduction for Decreased Services .
You can try and argue that prolonged noise and dirt in the building constitutes a failure by the landlord to provide adequate services and that you should receive some sort of rent reduction or other relief.
Does the law require a Super to live in my building?
In apartment buildings with nine or more units the landlord must either:
- Provide janitorial/superintendent services themselves, if they live in the building;
- Provide a super who lives in the building, within 200 ft. of the building, or within one block of the building, whichever is greater;
- Provide for janitorial services to be available on a 24-hour basis.
In short, a super need not live in the building, but if they do not, the owner must make adequate provision for superintendent services. The name of the building owner, or super, or janitorial company (i.e. whoever provides janitorial services) must be posted in your lobby along with a telephone number for 24-hour contact.
Can the Super enter my apartment when I’m not there to make repairs?
If the repair is a severe emergency, and waiting to make it would have caused damage in the building or endangered others, then a super may enter the apartment to make repairs. However, in the absence of a clear emergency – such as a gas leak or water cascading through your floor into the apartment below – no one can enter your apartment without your permission.
Of course, if you have personal property missing or damage was done you may have a claim against the super and/or the owner.
According to the NYC Multiple Dwelling Law, tenants in multiple dwellings can install and maintain their own locks on their apartment entrance doors in addition to the lock supplied by the landlord. The lock may be no more than three inches in circumference, and tenants must provide their landlord with a duplicate key upon request. Note that “double cylinder” locks (with keys removable from the inside) are dangerous and unlawful. Nearly every year in NYC tenants die in fires because they cannot locate the inside key for a double cylinder lock in a smoke-filled apartment. Such locks are an extreme hazard and should never be installed.
What are the rules for painting apartments?
The New York City Housing Maintenance Code requires that: In occupied dwelling units in a multiple dwelling, the owner shall:
- Paint or cover the walls and ceilings with wallpaper or another acceptable wall covering; and
- Repaint or re-cover the walls and ceilings with wallpaper or other acceptable wall covering every three years, and more often when required by contract or other provisions of law.
To see the entire text, see the Housing Maintenance Code Chapter 2, Subchapter 2, Article 3 on painting. According to NYS Homes and Community Renewal (HCR), the state agency which administers the rent laws, the cost of painting can only be passed on to the tenant if they request something special (like a particular brand or color), or if the tenant caused damage to the unit requiring the need to paint.
What is a 7A Administrator?
Typically, a 7A administrator is appointed after a judge determines that a building contains conditions “dangerous to life, health or safety” which the building owner has failed to remedy. A 7A administrator may be appointed after the petition of 1/3 of the tenants in the building or if the City’s Department of Housing Preservation & Development asks the courts to appoint an administrator. The administrator basically takes control of the building from the owner and uses the rents to remedy dangerous conditions in the building.
Buildings with 7A administrators are typically in very poor physical condition. However, if the 7A administrator does their job, the building can be brought back to good (if not excellent) condition. The removal of an administrator may mean one of two things: 1) The administrator is not doing their job correctly; or 2) The administrator has successfully completed their job and the building no longer needs their assistance. Obviously, you would have to check to see which is the case. For more information, see HPD’s 7A Management Program.