Need help with a tenant

[Will Bert]

Hi BP I received this text message below today from my tenant. Here is some info on the situation. Her lease has been over for 2yrs now so she is on a month to month lease. In her lease it stated she had access to the yard along with the other tenants in the 3 unit house. This summer I was doing work so no one had access. This December my boiler need some work & I couldn't get anyone there for 3days. Need some advice on how to handle the situation. Do i take off some money or tell her to keep the rent & vacate the apartment within 30 days...

Hey will just Checking in about:  1. How much to take off rent for heat not working first week of December.  2. Your discussion with investors regarding backyard work
Haven't paid rent yet - waiting on this information. Please communicate with me (not tim) on this stuff as I will be paying rent going forward

[Gail K.]

Tenants Rights and Guides for New York are outlined below.  Repairs are to be made within a "reasonable amount of time".   Was it cold during those 3 days?  If so, did you provide an alternative heat source?
Ignore any request for a rent reduction for no backyard access during last summer.  This would not make a rental uninhabitable.

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V. HABITABILITY AND REPAIRS

Warranty of Habitability

Under the warranty of habitability, tenants have the right to a livable,

safe and sanitary apartment, a right that is implied in every written or

oral residential lease. Any lease provision that waives this right is con-

trary to public policy and is therefore void. Examples of a breach of this

warranty include the failure to provide heat or hot water on a regular

basis, or the failure to rid an apartment of an insect infestation.

Public areas of the building are also covered by the warranty of habit-

ability. The warranty of habitability also applies to cooperative apart-

ments, but not to condominiums.

Any uninhabitable condition caused by the tenant or persons under

the tenant’s direction or control does not constitute a breach of the

warranty of habitability; in such a case, it is the tenant’s responsibility

to remedy the condition

(Real Property Law §235-b)

Seeking Rent Reduction

— If a landlord breaches the warranty of habiltatility

itability, the tenant may sue for a rent reduction. Alternatively, rent

regulated tenants can also file a rent reduction complaint with DHCR.

Before filing such a complaint with DHCR for breach of the warranty,

the tenant must communicate in writing with the landlord about the

problem. A complaint may only be filed with DHCR not less than 10

days and not more than 60 days from the date the tenant sent a notice

to the landlord. The tenant may also withhold rent, but in response,

the landlord may sue the tenant for non-payment of rent. In such case,

the tenant may countersue for breach of the warranty.

The court or DHCR may grant a rent reduction if it finds that the

landlord violated the warranty of habitability. The reduction is com-

puted by subtracting from the actual rent the estimated value of the

apartment without the essential services. For a tenant to receive a re-

duction, the landlord must have actual or constructive notice of the

existence of the defective condition.

A landlord’s liability for damages is limited when the failure to provide

services is the result of a union-wide building workers’ strike. However,

a court may award damages to a tenant equal to a share of the land-

lord’s net savings because of the strike. Landlords will be liable for lack

of services caused by a strike when they have not made a good faith

attempt, where practicable, to provide services.

In extenuating circumstances, tenants may make necessary repairs and

deduct reasonable repair costs from the rent. For example, when a land-

lord has been notified that a door lock is broken and willfully neglects

to repair it, the tenant may hire a locksmith and deduct the cost from

the rent. Tenants should keep receipts for such repairs and copies of all

communications with the landlord about the repairs.

If an apartment becomes uninhabitable due to fire or other damage

not caused by the tenant, and the lease does not expressly provide oth-

erwise, the tenant may vacate the apartment and cancel the lease. The

tenant will not be liable for subsequent rental payments. The landlord

shall be responsible to refund any rent paid in advance as well as any

rent security held by the landlord

(Real Property Law § 227)

.

If only a portion of the apartment is damaged, the rent maybe reduced

pursuant to a court order or by DHCR in proportion to the part of the

apartment that is damaged. The landlord must then repair those por-

tions of the apartment and return them to livable condition.

Landlord’s Duty of Repair

Landlords of multiple dwellings must keep the apartments and the

building’s public areas in “good repair” and clean and free of vermin,

garbage or other offensive material. Landlords are required to maintain

electrical, plumbing, sanitary, heating and ventilating systems and ap-

pliances landlords install, (such as refrigerators and stoves), in good

and safe working order. All repairs must be made within a reasonable

time period. Such time period may vary depending upon the severity

of the repairs. In New York City, the landlord is required to maintain

the public areas in a clean and sanitary condition

(NYC Admin. Code

§ 27-2011).