What rights do tenants have when it comes to repairs and maintenance?
Tenants living in New York have certain rights when it comes to repairs and maintenance. The New York state law requires that landlords provide residential tenants with habitable and safe living conditions. This means that landlords must ensure that all building and dwelling units are in compliance with all applicable codes and regulations. This also means that landlords must keep the units structurally safe, and provide amenities including hot and cold running water, adequate heat in the winter, and secure entryways and windows. When the landlord fails to make necessary repairs and maintenance, New York state law allows tenants to take steps to fix the problems themselves and then deduct the costs from their rent. This is known as the right of repair and deduct. In order to exercise the right of repair and deduct, tenants must first issue a written complaint to their landlord and allow a reasonable amount of time for the landlord to make the necessary repairs. If the landlord does not make the repairs in a timely manner, the tenant is allowed to hire a professional to make the repairs and deduct the cost from their rent payment. In addition, New York law states that the tenant can refuse to pay rent until the repairs are made. This is known as the right of rent withholding. However, if a tenant decides to use this option, they must first give the landlord written notice and allow the landlord a reasonable amount of time to make the repair. Afterward, the tenant can then legally refuse to pay rent until the repairs are made.
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