Posted by DK on August 25, 1999 at 19:28:37:
In Reply to: Re: Duty to paint - not multiple family dwelling posted by Mark Smith on August 24, 1999 at 22:29:18:
: New York City's Housing Maintenance Code requires painting in a one-family or two-family house whenever necessary to keep the walls and ceilings sanitary [Administrative Code §27-2013].
: The leak that caused mold to grow may have been fixed. If the leak hasn't been fixed, there is no point in having that area scraped, plastered, repainted, etc. until the leak is fixed and the area has dried.
: : I recently moved into a very expensive garden apartment in a brownstone.
: : The landlords live upstairs, but they spend most of the summer at their second
: : home in Connecticut.
: : We have repeatedly asked our landlords to paint the apartment.
: : The paint is different colors in some places, as if someone had painted around
: : furniture. It is also chipped in the corners of the hallways, and the prior
: : tenants left holes in the walls that will need to be painted after they are
: : spackled. There is water damage has caused black mold that cannot be cleaned,
: : and made the paint in that area crack in several places (they have said they
: : would take care of that, but apparently they do not plan even to make an
: : appointment to have anyone look at it until after we have been in the apt for
: : five weeks). The landlords said they might have someone "touch it up", and
: : when we said "no it just needs to be painted completely" they started putting
: : us off. They keep telling us they will look at it "later" or "after our
: : vacation" which will not end until we have been in the apt for 5 weeks. We
: : suggested getting it done while they were gone, but they say they have a guy
: : who always does it and knows what color to use (although the contrasting paint
: : colors belies this argument).
: : Does the landlord of a two-family dwelling have any obligation to paint on a
: : regular basis? I know that a multifamily dwelling requires painting every
: : three years; am I just screwed because it's just two families, or is there someThe NYC Health Department has an excellent web page on mold problems.
The landlord is responsible for correcting the moisture problem that causes mold. If the
landlord ignores this responsibility, you could get a court order in housing court
to compel the necessary remedial work.
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