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Infestation
(Bed Bugs, Mice & Insects)
Heat & Hot
Water
Noise
Apartment/Building Safety
Other
Infestation
(Bedbugs, Mice & Insects)
Heat & Hot
Water
Apartment/Building
Safety
Noise
Other
Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
I
have bed bugs in my apartment. How do I get rid of them?
Bed bugs have become more common in New York City and elsewhere in recent years. If you have a bed bug problem, first report it to your landlord. You may also call 311 to file a report with the City. Further information on what to do about eliminating them can be found on this NYC 311 web page and on this NYC Dept. of Health web page. A Web site called New York vs. Bed Bugs also has comprehensive information on bed bugs.
I
have mice in my apartment. What should I do?
- Call the super
or owners of the building. Let them know there is a problem in the building
and it is not being addressed.
- If the problem
is not addressed promptly, let the owners know that you will have to call
the City's Department of Housing Preservation & Development via the
City's Citizen Service Center by dialing 311 and arrange for a building
inspection (presence of rats and mice is a violation of the City's Housing
Code). Tell them you will also call the City's Health Department which
can also be reached via the City's Citizen Service Center by dialing 311,
since the rodent problem is a violation of the City's health regulations.
Tell the owners you don't want to take these actions, but if they don't
address the problem you have no choice.
- If the owners
do not respond, follow through on the above.
- If the placement
of violations fails to bring results you may bring what is known as an ""HP" proceeding
in housing court, to obtain an order for compliance. You may obtain information
on these proceedings by contacting the Civil Court of the City of New York
via the City's Citizen Service Center by dialing 311 and following the
teleprompts to Landlord/Tenant information, Or you may want to consult
the the Tenant’s Guide to the Housing Court.
You may also consider claiming a rent abatement due to violations of your
warranty of habitability.
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Can
my landlord demand I be present to let an exterminator in even if it means
taking a day off from work?
So long as the
landlord has provided reasonable notice and seeks access at reasonable times
he or she probably could require you or someone you designate to be at the
apartment to let the exterminator in. It is best to write to the landlord
and try to arrange access at a mutually convenient time. If this fails, try
and get someone you trust to allow the exterminator in and to monitor the
work.
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Is
my landlord required to exterminate on a regular basis?
According to
the City of New York's Housing Maintenance Code (HMC), eradication of rodents
or other pests means elimination through the use of traps, poisons, fumigation
or any other method of extermination. The HMC states that an owner is required
to keep premises free of rodents, and when the premises are subject to infestation,
shall apply "continuous eradication measures."
When the department
charged with enforcement, in this case the Department of Housing Preservation
and Development/ Office of Code Enforcement (via the City's Citizen Service
Center by dialing 311), determines that any premises are infested by rodents,
it may order "such eradication measures as the department deems necessary."
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I
am dreading the winter in my cold apartment - what can I do to get adequate
heat?
By law, building owners must provide all tenants with the following levels
of heat (During the heating season, October 1 through May 31):
- Between 6
a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when
the outside temperature falls below 55 degrees;
- Between 10
p.m. and 6 a.m., heat must register at least 55 degrees Fahrenheit when
the outside temperature falls below 40 degrees.
Tenants in New
York City with heat and/or hot water complaints via the City's Citizen Service
Center by dialing 311 and ask for the NYC Central Complaint Bureau's Hot
Line.
In addition,
rent stabilized and rent controlled tenants can file a complaint with the
New York State Division of Housing and Community Renewal (718-739-6400) if
the landlord is violating the above rules. For more details, see the relevant DHCR fact
sheet.
If you find that
the landlord IS in fact meeting the heating standards but it still feels
cold to you, you might talk with the landlord about repairing windows or
other openings that are allowing drafts to enter the apartment. Sometimes
some caulking, tape or insulation around windows will provide tremendous
heat saving benefits.
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I
didn't have heat or hot water for several days - do I have any recourse?
There are various
ways to deal with this situation:
- Contact the
super and request immediate repairs. The Housing Maintenance Code requires
that a number be posted for contacts for emergency repairs on a 24 hour
basis. Write a letter to the management company and owner and send it certified
mail. Document all instances of lack of heat. Have your neighbors do likewise.
- If no response,
call the Central Complaint Bureau's Hot Line via the City's Citizen Service
Center by dialing 311.
- File a reduction
in services complaint with the NY State Division of Housing and Community
Renewal, the state agency which administers the rent regulation system
(718-739-6400). For more information, see the Fact
Sheet. You may be required to fill out a form "Tenant’s Application
for Rent Reduction based upon the Owner’s Failure to Provide and Maintain
Heat and/or Hot Water Service(s)" or "HHW-1".
- If the problem
simply won't go away, and the landlord is not responsive, file an ""HP" action
in Housing Court. For more information contact the City's Citizen Service
Center by dialing 311 and ask for the Civil Court of the City of New York
or review the Tenant’s Guide to Housing Court or
this Housing Court Information Sheet.
- Although a
somewhat riskier strategy, you may consider withholding rent and claim
an abatement under your warranty of habitability. The landlord is likely
to sue you for non-payment of rent and breach of the warranty of habitability
can be raised by you as a counterclaim. This strategy is risky because,
if you lose, you may have to promptly pay the back rent (or face eviction)
and, depending upon the terms of your lease, you may have to pay the landlord’s
legal fees.
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There's
too much heat in my apartment - what can I do?
The first thing
you should do is to write a letter to your landlord. Send it via certified
mail. If the building is overly hot, it is the landlord's money going up
the chimney, out the window, etc. The landlord may not even know that the
building is too hot. If he does know perhaps he will hire someone to fix
the problem and save himself some money.
If this doesn't
work and you have steam heat, as many Manhattan buildings do, it may be possible
to put in radiator valves with smaller holes, which let out less steam & heat.
It is also possible to buy adjustable valves which limit the heat. Ask your
super to buy and install these valves.
Sometimes just
shutting off radiator valves will help. You should ask your super about this.
Of course, it
is easy to say "open the windows" but this is not an appropriate
long term solution and on cold days this could result in dramatic temperature
fluctuations.
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Can
I get my apartment tested for lead paint?
If
you have small children and believe that peeling paint or paint dust may
contain lead (as it may if the apartment was built before the
early 1960's), you can call the NYC Department of Housing Preservation & Development
or the NYC Department of Health and ask them to send out an inspector. They
will examine your apartment and may test for dangerous lead levels.
For
more information on lead paint and its hazards, and what you can do to protect
your family, see the Lead Paint information page.
To report violations contact the Department of Housing Preservation and Development
or the Department of Health, Division of Lead Poisoning Control/Prevention
via the City's Citizen Service Center by dialing 311.
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Are
NYC landlords required to provide smoke detectors and carbon monoxide detectors? And how much can they charge for them?
The
New York City Housing Maintenance Code requires landlords to provide and
install smoke detecting devices in each apartment unit. Renters are responsible
for maintenance and repair of the smoke detector(s) (i.e.; installing batteries,
etc..). If the smoke detector is battery operated, the owner may charge the
tenant up to $10 per smoke detector. For more information, see the Attorney
General's guide on smoke detectors.
Landlords
are also required to provide and install at least one approved carbon monoxide
alarm within each dwelling unit. The landlord may charge the tenant $25 per
carbon monoxide alarm (or $35 for a combined smoke/carbon monoxide detector but only when the smoke alarm needs to be replaced, i.e. it is missing or inoperable). More details can be found on the NYC
HPD website. This HPD webpage details Local Law 7 of 2004, which required installation of carbon monoxide detectors. A more recent HPD webpage details the passage of Local Law 75 of 2011, which requires owners to replace existing detectors, as their useful life expires, or by October 2012, whichever is greater.
Further details on requirements and permitted charges may be found in HPD's FAQs on Carbon Monoxide Detecting Device Requirements.
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The
water in my apartment seems contaminated - what can I do?
The
very first thing you should do is contact the City's Citizen Service Center
by dialing 311 and ask for the NY City Department of Environmental Protection
and file a complaint. The DEP will send out an inspector to see what is causing
the problem and to make recommendations.
The
problem could be due to bad piping in the street or in your building. If
the difficulty is within the building the DEP can ask the landlord to make
improvements. If the murky waters are beyond the landlord's control DEP will
take action to rectify the problem. You might also want to ask DEP to test
for lead in your water, especially if you have children, since this can be
a problem with older water mains.
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My
building looks like it's about to collapse - who can help?
You
should call Code Enforcement Central Complaint Bureau with your complaint
via the City's Citizen Service Center by dialing 311. If the Buildings Department
needs to be notified the Complaint Bureau will advise you accordingly. If
the building is structurally unsound, the City may place a vacate order resulting
in a temporary or permanent relocation of the tenants. If your building is
vacated, you should contact the NY State Division of Housing and Community
Renewal at (718) 739-6400 to ensure that you reserve your right to return
once the building is repaired or to obtain a relocation stipend if one is
available. This may involve payment of one dollar per month to preserve your
tenancy.
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I
have a noisy neighbor living upstairs - What can I do?
Noise problems
are nearly always very difficult to deal with. Tenants have different tolerances
for noise and landlords generally want to avoid tenant-tenant disputes over
noise. It is always best to try and work it out informally with the tenant
first, if possible. In extreme cases, a call to the local precinct may prompt
a visit and warning from the police.
Chronic disruptive
noise may constitute a legal nuisance for which court proceedings are available.
For this, we suggest that you contact an attorney.
You may want
to consider mediation, where a neutral third party hears both sides of a
disagreement and helps develop solutions that meet everybody's needs. The
following Community Mediation Centers provide free mediation services:
- Manhattan
Mediation Center (212) 577-1740.
- Washington
Heights-Inwood Coalition (212) 781-6722.
- Brooklyn Mediation
Center (718) 834-6671.
- Bronx Institute
for Mediation & Conflict Resolution (718) 585-1190.
- Queens Mediation
Network (718) 523-6868.
- Staten Island
Community Resolution Center (718) 720-9410 x23.
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Is
my upstairs neighbor required to carpet his floor to reduce the noise from
his foot-stomping?
There is no regulation
governing carpeting. However, many leases include a clause requiring the
tenant to cover a certain percentage (usually around 80%) of the floor space
with a rug or carpet. You may want to read your lease for this provision.
If it is contained in your lease, it is very likely that it is in the leases
of other tenants in your building.
In addition, under
a provision of state law called the "Warranty of Habitability," tenants are
entitled to an apartment fit for human habitation without any conditions
endangering or detrimental to their life, health, or safety. While there
are no specific regulations concerning when noise can be made, leases sometimes
contain clauses concerning this.
In any case, you
may want to follow the steps listed in the maintenance
section of our apartment guide in dealing with issues with your landlord,
who is ultimately responsible for your right to peacefully enjoy your apartment.
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My
view is being blocked by new construction - what can I do?
You
may not be able to do much, but here are some things to consider:
The construction company should be adhering to their building permit. The permit
specifies the hours that work can take place and other details. To find out
more, you can contact the City's Citizen Service Center by dialing 311 and
ask for the NY City Department of Buildings. If the company is not adhering
to the terms of the building permit, you can file a complaint.
If
you have a problem with the noise, call the City's Citizen Service Center
by dialing 311 and you will be put in contact with the Department of Environmental
Protection, which administers the City's noise ordinance.
In
some instances, if a rent stabilized building suffers from neglect or services
are removed (e.g. the tenant loses use of a balcony or window), the tenants
in the building (or an individual tenant) can file a "reduction in services" complaint
with the NY State Division of Housing and Community Renewal (DHCR), the state
agency which administers the rent laws (718-739-6400). If the DHCR finds
that a reduction in services has occurred, they can order appropriate rent
reductions. It is unlikely that the loss of a view from the balcony will
result in such an order, however, so long as light and air have not been
entirely cut off. For information on filing a reduction in services complaint,
see the relevant fact sheet.
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Can
my landlord relocate all the stabilized tenants to the upper floors of
the building?
Generally
the answer is no. You are entitled to a renewal lease for your original apartment.
There may be exceptions, however. First, tenants may move by voluntary mutual
agreement with the landlord. Second, if the landlord seeks the lower floors
for the personal use of his or her family, and the tenants being displaced
are over 62 or disabled, the landlord may offer an apartment on the upper
floors as alternatives (assuming it is an elevator building). Finally, if
hazardous condition exists and the lower floors must be vacated by order
of a City agency, the landlord may offer other apartments as temporary relocation.
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Can
a management company force me to have a visual inspection or to provide
access for repairs in my apartment?
According to
the City’s multiple dwelling rules, it is unlawful for a tenant to refuse
to permit an owner or the owner’s agent to enter the apartment for the
purpose of making repairs or to assess whether the apartment is in compliance
with the law. Reasonable notice is required. At least 24 hours notice is
required before an inspection and one week’s notice is required to before
repairs. Such notice must be in writing, stating the nature of the repairs
or improvement to be made. Access may only be scheduled during business hours
(9-5) on weekdays. In case of emergencies such as cascading water leaks or
gas leaks or collapsing ceilings, no prior written notice is required for
access. Access may be further authorized under provisions of your lease.
We advise that
you check your lease first. Usually such matters can be worked out at the
mutual convenience of the parties.
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We
are without cooking gas due to a faulty burner - how can I file a complaint?
A rent stabilized
tenant who experiences a decrease in service in an individual apartment should
first contact the owner. If that does not resolve the problem, the tenant
may file an "Individual Tenant Statement of Complaint of Decrease in
Services" (DHCR Form RA-81). For complaints involving a decrease in
building- wide services, still uncorrected after a tenant contacted the owner,
a tenant or tenant representative may file a "Statement of Complaint
of a Decrease in Building-Wide Services" (DHCR Form RA-84).
For additional
steps to take when facing maintenance problems, see the Maintenance
section of our Apartment Guide.
For additional
information, see the fact sheet on "Complaints
of Decreased Services."
If you need further
assistance, contact the NY State Division of Housing and Community Renewal
(DHCR), the state agency which administers the rent laws, at 718-739-6400.
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Is
there a legal amount of electrical input I am entitled to have in my apartment?
Your
landlord is required to provide sufficient electricity for all items or services
listed in your lease and to maintain a safe and habitable apartment. For
example, if your lease states that the apartment is provided with an air
conditioner, your landlord must provide enough power to run it.
If
there is an exposed plate or wiring, constant blowing of fuses or evidence
of electrical fires or a DECREASE in the amount of power provided to your
apartment, you may wish to call HPD Code Enforcement for an inspection.
For
more information or to request an inspection, call HPD Code Enforcement via
the City's Citizen Service Center by dialing 311. Regarding electrical wiring,
you can also contact the Department of Buildings complaints unit by contacting
the City's Citizen Service Center by dialing 311.
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My
landlord changed the wiring and now I have less wattage - what should I
do?
This recent change
by the landlord may constitute a "reduction in services." If the
landlord refuses to negotiate and improve your access to electricity, you
should contact the NY State Division of Housing and Community Renewal (DHCR),
the state agency which administers the rent laws, at 718-739-6400.
There are two
ways to file a complaint with DHCR: you can file an "Individual Tenant
Statement of Complaint (DHCR form RA-81) or the tenants in your building
can file a "Statement of Complaint of a Decrease in Building-Wide Services
(DHCR form RA-81). If you win your case with DHCR, they may grant you a reduction
in rent. For more information, check out the fact
sheet.
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Does
the loss of my terrace constitute a decrease in services?
It may depending
upon whether the terrace is considered part of your housing accommodation.
If it is physically configured to serve only your apartment or if it is provided
for in your lease you may claim a service reduction. Other circumstances
are less clear - such as shared terraces. A rent stabilized tenant can file
an Individual Tenant Statement of Complaint using the DHCR form RA-81 for
decreased services in an individual apartment. To obtain a rent reduction
based on service reduction, a tenant must specifically request a rent reduction.
DHCR will send a copy of your complaint to the owner/co-op board who/which
will be required to address the complaint.
For more information
on how to proceed, visit a helpful fact sheet from
DHCR on our website.
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Can
an owner rent rooms like hotel rooms or a bed & breakfast?
Operating
a rent stabilized apartment like a hotel or bed and breakfast on a daily
or weekly basis may be a violation of the rent laws, and probably violates
several other laws. First, charging more rent than the amount prescribed
by law is illegal. Second, occupants are entitled to one or two year leases
and imposing leases for a shorter period is unlawful. Third, no owner may
impose conditions such as forcing a prospective tenant to agree that the
apartment will not be occupied as his or her primary residence, in connection
with leasing space. Finally, building, health and zoning codes along with
consumer protection regulations may restrict or regulate the conditions under
which daily rentals and meals are provided.
Note,
however, that there is an entire class of stabilized dwellings that are located
in hotels, single room occupancy buildings and lodging houses. Rents for
these accommodations may be charged on a daily, weekly or monthly basis.
Nonetheless, tenants are afforded all of the protections of rent stabilization
- and they may even demand a lease.
If
you have any further questions, you may contact the State Division of Housing
and Community Renewal (718-739-6400), the agency which administers the rent
stabilization rules.
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Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
RGB Page Updated 10/3/2012
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