A couple of weeks ago, I wrote a letter for my mother’s cleaning lady (in her name) to her landlord, asking him to make some repairs that the super had been ignoring: the stove was broken, the kitchen cabinets were falling apart, some tiles on the bathroom floor were cracked and broken, and a couple other things along those lines. She got a response, but today she shows me a rider to the lease that the landlord wants her to sign, detailing that, in exchange for making the repairs, replacing the cabinets, and providing a new (refurbished) stove, her rent will be increased by $134 (from roughly $750 now).
So, to what extent (and under what circumstances) is the landlord responsible for the cost of repairs such as these? To what extent might it depend on the specific provisions of her existing lease (to which I don’t have access at the moment)? We’re in New York City, and this, at least, suggests that she should not be on the hook for the stove.
I think he’s trying to pull a fast one. Write up something for the landlord to sign along the lines of “The tenant is not required to pay any rent increase for repairs conducted to meet the ‘in good repair’ provisions of Multiple Dwelling Law §78 and §80; and Multiple Residence Law §174”. Ask him if he refuses to sign, does she go to the “local housing officials” about it.
Approach this with a “nice try buddy, but no” attitude instead of being angry confrontational, see if he gets argumentative.
What were these things like when she signed the lease? In my not-legal experience in another city (Chicago), the landlord has to make repairs to things that break after you move in, but not to things that were broken when you moved in. So broken bathroom tiles need not be addressed, if they were cracked when you signed the lease (I’ve had three out of five rental properties with cracked bathroom tiles), but a stove that was working and now isn’t is indeed the landlord’s responsibility to fix or replace.
Cabinets are a tricky issue. Are they usable? What does “falling apart” really mean? If they still hold dishes safely and just look like crap, she’s probably out of luck. If, on the other hand, doors are literally falling off in her hand, that’s a safety and use issue.
In general, cosmetic issues are part of “normal wear and tear” and need not be addressed. Actual functionality and safety issues must be kept to the same level they were when she signed the lease.
I don’t know anything about New York, but in general, at the outset of a lease, the parties bargain for a unit of a certain quality for a certain price. They also bargain for the landlord to maintain that certain level of quality throughout the duration of the tenancy at that price.
The landlord typically has a repair duty as part of the price of the rent already being paid. A landlord’s failure to meet this duty can give rise to breach of contract and/or legal violations.
Further, a landlord’s attempt to raise the rent in the face of a tenant complaint may be seen as an illegal retaliation.
NYC has an EXTENSIVE regulatory regime with regards to housing. In particular the “habitability” requirements are fairly strict. The landlord has an affirmative duty to repair all appliances, as you have noticed in your link. He is in violation of the law by not repairing the stove, and deliberately misrespresenting the law to a tenant can be considered “harassment” punishable by a fine up to $5,000.
Very simply, she should call 311 and file a complaint about the conditions in her home and her landlord’s activities. An inspector will come and decide if there are violations or not.
Thanks for all the advice so far. I’m trying to figure out the quickest, easiest way to help her, because her personality is such that going through the process of actually filing a grievance would cause her to drop dead of a heart attack (or pretend to, at least). She’ll also be inclined to simply give in if pressed – she’s been taken in obvious confidence scams before, and she was going to just sign the rider before I suggested otherwise (she was asking me a tangentially related question when she showed it to me).
Most likely writing another formal, polite, and very subtly menacing letter for her is the way to go, but please keep coming with any info or advice you have, because I’m far from an expert in these matters.
In general a landlord has to ensure that the flat is liveable. Not that it is a nice life
For instance, my refridgerator is OLD. I mean it is OLD. I swear it must be from 1950, but it works. I recall a seal from my fridge fell off and, I looked all over online for it. (It was the weekend). I couldn’t find it and thought "Oh YES, my landlord will have to give me a new one.
I called on Monday and Monday night was the same old fridge with a brand new seal. I don’t know WHERE he found it
If the stove doesn’t work, the landlord must give you one that works. It doesn’t have to be a nice one though. If the cabinet doors are crummy but close, he doesn’t have to replace them. Just paint them. And believe you me every landlord in the world knows where to buy paint that lasts one month.
Now that said, you’re dealing with NYC which has a huge number of tenant/landlord laws, so anything “general” said here, may not apply to NYC.
Beyond that NYC is very shady when it comes to renting. It’s hard to find a decent flat that is cheap. What this landlord may be doing is this. If your mum left the flat he’d have to replace the items and since she was out of the building that would allow him to raise the rent by that much for the new tenant.
So from his viewpoint he’s seeing her as a new tenant.
The thing is once you start making issues for landlords, if they can easily rerent the flat, you have the problem. Any landlord worth his salt, can find ways to get rid of an unwanted tenant legally.
If she holds him to the letter of the law, he’s going to do the exact same thing to her. And the first time her rent arrives on the 2nd instead of the 1st, she’ll be up in hot water.
