Q: I are living in a rent-stabilized condominium in a medium-size, prewar construction in Brooklyn. A few months in the past, the ceiling in my bathe began leaking. Then, a bit of the ceiling above the leak collapsed. The tremendous lined the opening with cardboard however by no means in truth mounted the leak or ceiling. I’ve known as a lot of occasions, and he at all times says “the following day” however by no means fixes it. I’ve also known as control two times and despatched footage. The wall appears to be turning into moldy. The card is beginning to fall aside. What will have to I do?
A: There’s moderately so much you’ll be able to do. Get started via calling 311 to request an inspection from the Division of Housing Preservation and Construction. An inspector would perhaps factor a contravention, which won’t clear up your drawback right away however would create a paper path of proof.
“Usually, getting violations positioned doesn’t do a lot,” stated Samuel J. Himmelstein, a New york attorney who represents tenants. “Landlords will hardly reply.”
On the similar time, report what’s referred to as an HP continuing in housing court docket. It’s principally a lawsuit filed towards the owner, wherein you ask the court docket to reserve the upkeep. “That is the fastest option to get it executed,” Mr. Himmelstein stated. Those instances generally tend to transport briefly, and the owner most often settles and consents to the upkeep.
This procedure will have to definitely get your ceiling mounted. Resolving the mildew may well be extra sophisticated. Mildew remediation isn’t affordable and will every now and then be intensive. You would have to turn out that you’ve got mould, and your pictures by myself might not be sufficient. You possibly can even have to rent your personal skilled to resolve the level of the issue and make suggestions for remediation, Mr. Himmelstein stated. Mildew can pose critical well being risks, so, if you’re enthusiastic about it, chances are you’ll need to take this additional step.
You will have to even be entitled to a lease abatement for this time period. Get started via asking the owner for one. In case your request is rebuffed — because it most probably might be — you’ll be able to withhold lease completely. If the owner took you to housing court docket for nonpayment, your protection could be that the prerequisites violated your guaranty of habitability, a state rule. You possibly can in the end must pay again one of the crucial lease for that time period, however no longer it all.
Then again, as soon as your ceiling is repaired, chances are you’ll come to a decision that the lease abatement isn’t well worth the headache of every other day in court docket.
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