The New York Times
Real Estate Q&A
229 W. 43rd St.
New York, NY 10036
December 31, 1995
Q.: My mother has lived in a rent-controlled apartment in Manhattan for more, than 50 years. The landlord rebuilt the apartment three floors above my mother, putting two bathrooms in place of one. Now, when someone flushes the toilet upstairs, water explodes out of my mother's toilet. We have brought this unsanitary condition to the attention of the landlord for a year, but he has done nothing to rectify it. Who do we contact to get this unsanitary and uncomfortable condition repaired?
Jenny Michael, Teaneck, NJA.: Alan Kucker, a Manhattan lawyer who specializes in landlord-tenant law, said that various options were available.
The tenant can file a Housing Part complaint against the landlord and the Department of Housing Preservation and Development (HPD) to obtain an order compelling the work to be done. Or she can withhold a portion of her rent, thereby forcing the landlord either to make the repairs or take the tenant to court and risk having to explain, why the repairs have not been made.
The tenant can also advise the landlord in writing that unless the landlord makes the necessary repairs within a reasonable time, the tenant will hire her own contractor to make the repairs and then deduct the contractor's charges from the rent. Or the tenant can file a complaint for lack of services with the Division of Housing and Community Renewal (DHCR).
"A DHCR complaint is probably the quickest and the easiest way for the tenant to get the repairs made," Mr. Kucker said. "The complaint can be filed by mail with the local office of the division."
If the landlord doesn't answer or if he contests the complaint, the division will then send an inspector to check the condition of the apartment. If the inspector finds that the complaint is justified, DHCR can enter an order reducing the tenant's rent. In addition, the division will likely take action against the landlord to compel him to make the necessary repairs.
"Once the DHCR gets involved, most landlords will get the repairs done," Mr. Kucker said.