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Required maintenance in Rent Stab apartmetns

Started by notadmin
over 14 years ago
Posts: 3835
Member since: Jul 2008
Discussion about
Hi, Need to ask my landlord to repair the floors (they have holes on them). Wonder if the city has minimal guidelines on whether a repair has to be done. And if so, are these regulations available online? Thanks!
Response by NWT
over 14 years ago
Posts: 6643
Member since: Sep 2008
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Response by West81st
over 14 years ago
Posts: 5564
Member since: Jan 2008

Step one: Send a polite letter to the management company, with delivery confirmation and a cc to the owner, assuming they aren't the same entity.
Step two: Follow up with a phone call.
Step three: Send another letter, noting that if the repair is not done by a specific (near) date, you intend to file for an individual rent reduction, based on diminution of apartment-specific services.
Step four: If all else fails, file for the reduction. It's a surprisingly simple process; you don't need a lawyer. Landlords dread it because DHCR is unpredictable and wields rent reduction as a very blunt instrument. The cost to the landlord can be wildly out of proportion to the actual diminution of service.

There's a ton of related info on Tenant.net - http://tenant.net/Rights/CTRC/index.html

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Response by West81st
over 14 years ago
Posts: 5564
Member since: Jan 2008

As usual, NWT beats me to the punch.

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Response by notadmin
over 14 years ago
Posts: 3835
Member since: Jul 2008

wow, thanks so much guys!!!

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Response by huntersburg
over 14 years ago
Posts: 11329
Member since: Nov 2010

Curious - what kind of holes in the floor are you talking about? Enough to trip on?

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Response by notadmin
over 14 years ago
Posts: 3835
Member since: Jul 2008

no, but the gaps are big enough not to be able to clean the floor well and it just keeps on getting worse. the problem originated when the building moved sideways during the construction of another building next to it, built by my landlord.

wouldn't have a problem fixing it myself, but it will not look as good i guess. could i do that and pass the bill to the landlord? the landlord fixed other apartments in the building already that had the same problem by putting a paste to fill the holes and then covering the whole floor with a film. that way it's more leveled so it doesn't deteriorate as much and it doesn't accumulate dirt in between.

it's not like we are about to fall onto the apartment below if we don't pay attention.

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Response by huntersburg
over 14 years ago
Posts: 11329
Member since: Nov 2010

>the gaps are big enough not to be able to clean the floor well

I belive, unfortunately for you, you'll have trouble with W81st's approach. DHCR is interested in danger, leaks, lack of heat, lack of hot water, out of service elevators, old people...

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Response by West81st
over 14 years ago
Posts: 5564
Member since: Jan 2008

Huntersburg: All true, but remember: the goal isn't to obtain a rent reduction. The goal is to get the floor fixed, and that goal requires motivating the landlord to do it.

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Response by columbiacounty
over 14 years ago
Posts: 12708
Member since: Jan 2009

but keep in mind what huntersburg's agenda is.

disrupt, disrupt and disrupt some more.

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Response by huntersburg
over 14 years ago
Posts: 11329
Member since: Nov 2010

Keep in mind columbiacounty's agenda. Be negative. Make other people negative. Promote misery. Look at the dark side. Make up for his own continuing extreme failings.

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Response by huntersburg
over 14 years ago
Posts: 11329
Member since: Nov 2010

>Huntersburg: All true, but remember: the goal isn't to obtain a rent reduction. The goal is to get the floor fixed, and that goal requires motivating the landlord to do it.

Of course, but if the landlord knows what I've stated, he's not going to be too worried about the DHCR, hence your bluff is called.

More likely than not, just being a pest will eventually get this fixed, but if you misplay your hand by trying for the DHCR who all parties know don't care about this issue, you won't get what you hoped for.

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Response by huntersburg
over 14 years ago
Posts: 11329
Member since: Nov 2010

>just being a pest

Hi columbiacounty

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Response by West81st
over 14 years ago
Posts: 5564
Member since: Jan 2008

Huntersburg: In a wholly rational universe, your view of gratuitous RR applications would be correct.

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Response by huntersburg
over 14 years ago
Posts: 11329
Member since: Nov 2010

That's just silly W81. Blue lobsters exist in nature, but for the most part, you can plan for catching a red lobster. The world doesn't have to be perfect to plan for normal circumstances.

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Response by West81st
over 14 years ago
Posts: 5564
Member since: Jan 2008

Huntersburg: Whether the rent-reduction lobster is red, blue or purple, the rational response is for the landlord to fix the damn floor; it will take less time and effort, and involve far less downside risk, than responding to a rent reduction application. There's also the possibility that a DHCR inspector may mistake a red lobster for a blue one, or stumble on a nearby blue lobster and open a whole new can of worms. Even a small, partial victory for the tenant can lead to a rent rollback and delays in other matters that are of far greater importance to the landlord, such as MCI increases.

Another key point: Notadmin mentioned that similar repairs have been done in other apartments. Refusing to perform work that has been done in the past may create the appearance that a service has been withdrawn.

By the way, if the landlord responds Dirty Harry-style ("Go ahead - make my day"), he may be calling a bluff with a bigger bluff. Landlords know that a tenant often won't follow through on the DHCR paperwork, especially after the landlord confidently dismisses the complaint as de minimis.

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Response by rb345
over 14 years ago
Posts: 1273
Member since: Jun 2009

If landlord doesnt repair you can file an HP proceeding in Landlord-Tenant
Court and the court will compel repair of all outstanding violations.

The clerk in room 225 and the court at 111 Centre Street will provide printed
forms which you only need to fill out. Does not take long.

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Response by notadmin
over 14 years ago
Posts: 3835
Member since: Jul 2008

Thanks all!

Several floors had been repaired, funny thing is that the management is asking the super which ones cause "they have no record of it". Super says "they know full well!". I even know about several that had been repaired given that i know some of my neighbors well.

Should I include a list of apartments that were repaired when submitting the DHCR?

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