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Landlord not providing basic repairs: first steps to take?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Landlord not providing basic repairs: first steps to take?

Postby sr77 » Tue Feb 07, 2017 1:07 pm

It looks like I'm facing a situation of 'landlord not providing required services/repairs.'

Most currently and difficult to ignore: I have a broken flusher on my toilet.

I began phoning my super early yesterday morning, later emailing mgmt. when the super didn't respond. The response I got was that the super would be calling me yesterday.

So far no response from the super to my voicemails and landlord management has only replied with that email informing me that my super would be contacting me (which hasn't happened).

No doubt there are many message threads and other documentation here about how to handle this. Is there a best place to start?

Also, is this something I can withhold rent over? If so, should I notify the landlord that, e.g., I will be deducting a pro-rated per diem rent for all affected days from next month's rent?

Can a RS tenant hire their own plumber and deduct all costs from the rent?

Thanks.
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Re: Landlord not providing basic repairs: first steps to tak

Postby TenantNet » Tue Feb 07, 2017 2:30 pm

First, document that the problem exists - photos, video, etc. Then document that you've asked the LL to make the repair.

But it appears this has just happened and the LL/super have been delinquent for only a day or two. Too early to go to war. Give them a week or so.

Then you can consider a strategy ... file with DHCR or go to court. Do you want the repair, or do you want an abatement? You can either file a HP case, or withhold rent and be taken to court for nonpayment. If you want the repair, file the HP case.

I would not hire my own plumber unless you have water flowing all over the place and the super can't be found. That is called "repair and deduct." It can happen, but it's a heavy lift for the tenant.
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Re: Landlord not providing basic repairs: first steps to tak

Postby sr77 » Tue Feb 07, 2017 3:56 pm

TenantNet wrote:First, document that the problem exists - photos, video, etc. Then document that you've asked the LL to make the repair.

But it appears this has just happened and the LL/super have been delinquent for only a day or two. Too early to go to war. Give them a week or so.

OK thanks. I don't know how one could visually document a broken toilet flusher in any meaningful way -- particularly since the break is inside the tank and is just a piece of plastic that broke off from the handle -- but I think my written contacts should suffice. I may also try phoning just to see what they have to say.

As far as the time element is concerned ("a week or so"), it's true that this is not yet 48 hours old, however doesn't a non-flushing toilet have a certain urgency -- not as life or death, or being flooded out of your apartment, but in terms of, say, health and hygiene?

Or is this type of occurrence actually considered just an unpleasant but benign inconvenience? (It's true that one can pour large pots of water into the bowl to force it to flush, or stick your arm into the tank and pull that rubber stopper up each time you need to flush, but I'd have thought that housing regulations were a little more stringent about requiring landlords to take care of such matters without unnecessary delay. Not the case?)
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Re: Landlord not providing basic repairs: first steps to tak

Postby TenantNet » Tue Feb 07, 2017 4:05 pm

Don't know if it's the case or not. You can call 311 and try to get a HPD inspector to show. But then even the best would be to get a C violation (immediately hazardous), then your option is to file a HP case or wait until the LL sues if you withhold rent. That's why I suggested you put more pressure on the LL.
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Re: Landlord not providing basic repairs: first steps to tak

Postby BubbaJoe123 » Tue Feb 07, 2017 7:38 pm

A broken toilet flusher is a $10 and 10 minute problem to fix. Even if the LL isn't being responsive, is it really worth your time to try to file an HP case over this?
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Re: Landlord not providing basic repairs: first steps to tak

Postby TenantNet » Tue Feb 07, 2017 8:02 pm

Bubba, that's potentially bad advice. First, it's not the tenant's job to fix it. That's what you pay rent for. Second, most tenants wouldn't know how to fix it even if they had the right replacement parts. Third - and most important - if a tenant takes matters into his/her hands, he faces the possibility of being taken to court by the LL seeking his/here eviction for doing the repair. There are many variables in that last option ... including the scope of the repair. But tenants can be evicted for making their own repairs.

While every situation is different, there are possible liabilities. One such case, Nestor v. Diamond, can be seen here and here.
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Re: Landlord not providing basic repairs: first steps to tak

Postby sr77 » Wed Feb 08, 2017 3:08 am

TenantNet wrote:That's why I suggested you put more pressure on the LL.

You mentioned documenting the issue, if possible with visual evidence, but is that really putting pressure on the landlord?

The current situation with the flusher seems to me possibly/likely part of a pattern of intentional non-response, so I'm not asking about it as an isolated incident that I expect to be taken care of.

There have been other less pressing issues that have been left hanging for long periods of time, e.g., a CFGI outlet in the bathroom that keeps switching off -- even with nothing more than a night light connected, and when any connected device's own switch is turned off.

A non-working toilet did not seem to me something that one should be expected to wait a week on, but I'm not familiar with how NYC/DHCR view such things.

Can you direct me to the best articles here to review my options?

Thanks.
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Re: Landlord not providing basic repairs: first steps to tak

Postby sr77 » Wed Feb 08, 2017 3:20 am

BubbaJoe123 wrote:A broken toilet flusher is a $10 and 10 minute problem to fix. Even if the LL isn't being responsive, is it really worth your time to try to file an HP case over this?

I have to agree with tenant.net for the reasons stated in his reply to your post, as well as the fact that even if it was not a bad idea in terms of potential liability, I have no idea how to fix a toilet flusher.

As mentioned in my last reply, I would not be filing an HP -- or taking any other alternative action -- over this issue alone.

In a word, there are other repair issues that haven't been responded to and more generally there have been clear indications that I'm going to be facing increasing lack of services in the future.
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Re: Landlord not providing basic repairs: first steps to tak

Postby TenantNet » Wed Feb 08, 2017 9:53 am

You document the issue for several reasons ... so you can present it to a court, so you can prove it when the LL claims you are making it up, and because an inspector might not see it when he/she visits if it's an intermittent condition.

DHCR can take years in some instances.

Even the HP action might take months, or the LL might ignore that. Depends on the LL. Often the court will give the LL 30 days to make repairs.

Dealing with a non-pay proceeding brought by the LL can take a few months. Some LLs will rush to make repairs so they can try to convince the court that you're imagining things (Yes, I know that doesn't make sense). Or they might claim you refused to let them in ... that happens a lot.

All that is why I suggested you put more pressure on the LL. Send them letters, send emails. Knock on the super's door. Stop him in the hallway. Be persistent. Don't accept the bullshit they give you.

Some things are worth fighting in court over. But other things - like a working toilet - is something I presume you want ASAP.

Just to clarify my earlier post. There are things you should not do yourself. But other things might be worth doing yourself if a) it's really minor, and b) you don't tell the LL about it. I don't mean installing new devices, but small things like leaky washers on a faucet. Bubba will claim that fixing a flusher falls into the latter category. I'm not so sure. But even so, if you don't know how to do it, then that doesn't matter.
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Re: Landlord not providing basic repairs: first steps to tak

Postby sr77 » Thu Feb 09, 2017 2:37 pm

Thanks again, I got lucky this time, possibly because I cc'd the landlord himself on my last email.

Both the toilet and the GFCI outlet have now been fixed.

I'm noting your recommendations for future reference. Appreciate the help.
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