As a renter in the state of New York you have the right to a safe and healthy environment as outlined in the Warranty of Habitability, New York Real Property Law, Article 7, § 235-B. Within this vaguely written law it states that “the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety.” These rights are guaranteed regardless of whether a signed lease states otherwise.
Because mold is not directly named under the Warranty of Habitability law we must interpret the law ourselves. Since it has been proven that mold exposure can lead to chronic and, at times, extremely severe health problems, living in a mold-beset environment can be considered being exposed to “conditions which would be dangerous, hazardous or detrimental to their life, health or safety.” With this protection there are plenty of rights placed on you, the renter, to have a mold problem in or around your rental property remediated within a timely manner. If you, or anyone associated with you has caused or is directly linked to the issue at hand, then you are solely responsible for any financial burden that may arise.
If your landlord has been notified, whether verbally or written, and refuses to resolve the issue then there are some steps to be carefully followed in order to remediate the problem. Your first step should always be to send written notification to your landlord via certified mail. In this notice, you should try to explain the issue(s)in great detail. Try to estimate where and when this problem started, and explain why the matter must be resolved immediately in order to keep your family safe and healthy. It is also good to give him/her an acceptable time frame to have the work done in as well. Always keep a copy of any written material sent in the case that you have to take the landlord to court. In most cases your landlord will contact you so that the remediation process can begin.
In the event that your landlord does not reply to you about your initial written notice, now is the time to be prepared to take more extreme measures. Once again it is recommended that you send another written notice, via certified mail, letting the landlord know you will be taking legal action in order to resolve this matter yourself. Again give the landlord a few days to either get back to you or at least start the remediation process. If nothing has been done still, now you can start the process known as “Repair and Deduct”. You have the right to hire a professional to correct the potential health hazard. You will, however, need to make sure that the cost of the repairs will not exceed what you pay for one month’s rent. During this process it is good to have at least 3 or more quotes for the job at hand, making sure to keep all quotes in order to prove that you did your due diligence in making sure the price was fair. Keep in mind, you must have this done professionally in order to deduct the cost from your rent. If you decide to do the repairs yourself you cannot deduct any of the cost that you may have incurred.
Once the remediation process is completed, make sure to get a receipt. When you go to pay your next month’s rent, deduct the cost of the remediation job from your final total and include a copy of the receipt and the other written estimates you acquired so that your landlord can see that you spent a fair price on the work that was done. You are only required to pay the difference from the job, making sure that the job does not exceed the cost of one month’s rent. In addition, it is always good to have pictures and a few witnesses of the problem before the repairs have been done. This is all proof, which you may need if you do end up going to court.
If the cost of the repairs exceed one month of rent you do have the option to withhold rent. This is only for serious instances that your home is uninhabitable for you and your family. If you must go this route it is probably a good idea to also be looking for a new place to live. The best way to withhold rent is to open a separate bank account where your normal rent can be held. This will help you in court because your landlord will very possibly sue you for back rent. Having proof that you were not spending these funds elsewhere is always a good idea. You should follow the steps listed for the “Repair and Deduct Method” and always keep record of any letters or interaction you have with your landlord. Just keep in mind that you may very well have to appear in court to dispute any claim of not paying rent.
This is never going to be an easy process but you must act in order to protect your family and yourself from harm. Always remember that your landlord cannot evict you solely to get back at you, so if he/she is indeed not providing you with a safe and sanitary living situation then you have the right to take matters into your own hands. If you do get an eviction notice then it is recommended you contact a lawyer to further assist you.
Breaching the Warranty of Habitability always gives you the right to move, as well. You can serve your landlord with a 3 day notice and your lease will be voided. Again your landlord may try to sue you for back rent but you may also file a countersuit for the breach of Warranty of Habitability. If the situation has escalated to this then, again, it is recommended to speak with a lawyer since you may end up spending hours in court trying to resolve this matter.
In most cases your landlord will want to take care of any situation that may be causing you or your family health problems. Just remember that you do have rights as a renter.
For more information about tenant rights in the State of New York and how an inspection can help determine if you have a problem at your property, call us at 1-866-358-3838 or email us here.
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