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Posted by Jack on June 14, 2000 at 14:15:53:

In Reply to: Dealing with landlord who won't paint posted by Ali on June 14, 2000 at 13:31:41:

: I've been renting a non-stabilized studio apartment in Manhattan, in a co-op building, for the past four years. It's a legal rental from the owner of the apartment; I have a standard lease. When I moved in, the landlord said it was an "as is" apartment -- i.e., take it or leave it. He refused to paint it or clean it up before I moved in, and he refused to reimburse me for the cost of painting. I know that he's legally required to paint every three years (and, I assume, when a new tenant moves in?). I'll be moving out soon, so I'm not interested in chasing him down to paint anymore, but I would like to get reimbursed for the painting I did when I first moved in -- and I'd like to report him to whatever authority I can for refusing to paint every three years. Any advice?

You'll probably have to sue him for the return of your security deposit anyway so sue for both. Better than withholding the last month or two of rent: better to sue than be sued.

Call Central Complaints now 212.960.4800: report the fact that it has not been painted in the last three years. Ask for an inspection so they can issue a violation. Then he'll have to either file a false certification of compliance or paint the place!

Here's the NYC law from the HMC Housing and Masintenance Code: http://www.tenant.net/Other_Laws/HMC/hmc002.txt

Before you call, research other possible violations in the NY Tenants part of Tenant.Net: report as many as you honestly believe exist.

It's a good idea to have a signed lease on your new place first as this guy will probably try to retaliate by giving you a bad reference.

After you move, send a copy of the complaint and the violations (if you have time to go to HPD in person to get them!) to the new tenant.

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: : I've been renting a non-stabilized studio apartment in Manhattan, in a co-op building, for the past four years. It's a legal rental from the owner of the apartment; I have a standard lease. When I moved in, the landlord said it was an "as is" apartment -- i.e., take it or leave it. He refused to paint it or clean it up before I moved in, and he refused to reimburse me for the cost of painting. I know that he's legally required to paint every three years (and, I assume, when a new tenant moves in?). I'll be moving out soon, so I'm not interested in chasing him down to paint anymore, but I would like to get reimbursed for the painting I did when I first moved in -- and I'd like to report him to whatever authority I can for refusing to paint every three years. Any advice?

: You'll probably have to sue him for the return of your security deposit anyway so sue for both.  Better than withholding the last month or two of rent: better to sue than be sued.

: Call Central Complaints now 212.960.4800: report the fact that it has not been painted in the last three years.  Ask for an inspection so they can issue a violation.  Then he'll have to either file a false certification of compliance or paint the place!

:   Here's the NYC law from the HMC Housing and Masintenance Code: http://www.tenant.net/Other_Laws/HMC/hmc002.txt

: Before you call, research other possible violations in the NY Tenants part of Tenant.Net: report as many as you honestly believe exist.

: It's a good idea to have a signed lease on your new place first as this guy will probably try to retaliate by giving you a bad reference.

: After you move, send a copy of the complaint and the violations (if you have time to go to HPD in person to get them!) to the new tenant.



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