Living in a rental property shouldn’t have to mean compromising on safety or tolerating unsafe living conditions. Under New York law, landlords have a legal duty to ensure that their properties are free from hazardous conditions that could lead to tenant injuries. This includes maintaining structural integrity, ensuring proper sanitation, and promptly addressing any reported defects or dangers.
If you have been injured or adversely affected by unsafe conditions in your apartment, you do not have to face the situation alone. Legal recourse is available, and help is closer than you think. At Kucher Law Group, our experienced Brooklyn premises liability lawyers are committed to fighting for the rights of tenants and can help you hold your landlord accountable for their negligence. Don’t suffer in silence – let our team assist you in recovering the damages you deserve. Call us today at (929) 563-6780 to schedule a free consultation and start your journey towards a safer living environment.
Defining Unsafe Living Conditions and Legal Responsibilities
In New York, every tenant has the right to a livable, safe, and clean apartment. This standard is part of what is legally referred to as the “warranty of habitability,” a fundamental right included in all rental agreements, whether explicitly stated or not. Importantly, this right cannot be waived; any lease provision that attempts to waive this right is considered unenforceable by the courts.
The warranty of habitability covers not only the private living spaces but also the common areas of the building, ensuring that all environments within the property meet basic living standards. Under the Housing Stability & Tenant Protection Act of 2019 (HSTPA), this warranty was expanded to specifically include a duty for landlords to perform necessary repairs to maintain these standards.
Landlords are legally obligated to ensure that their properties remain habitable and safe at all times. This means that any condition that threatens the safety, health, or well-being of tenants must be addressed promptly by the property owner. If a landlord fails to uphold these duties, tenants have several recourses such as reporting the violations, requesting repairs, withholding rent, or, in severe cases, pursuing legal action to enforce their rights under the warranty of habitability.
Recognizing Common Types of Unsafe Living Conditions
Common types of unsafe living conditions in New York include but are not limited to:
- Structural Dangers: Issues like sagging ceilings, crumbling walls, or unstable flooring, which directly threaten physical safety. Such structural problems often result from neglecting regular maintenance and repairs, putting tenants at risk of accidents.
- Health Hazards: The presence of mold, lead paint, or pest infestations can lead to serious health issues. Exposure to these conditions can cause respiratory problems, allergic reactions, or other serious health complications, particularly in children and the elderly.
- Lack of Essential Services: Inadequate access to water, heat during winter months, or electricity, which are considered essential services under New York housing laws. A failure to provide these basic services can significantly impair the quality of life and well-being of tenants.
- Fire Safety Violations: Absence or malfunction of smoke detectors, blocked fire exits, or faulty wiring that increases the risk of fire. These violations not only endanger lives but also violate municipal codes that are designed to prevent fire incidents.
- Security Issues: Broken locks on doors and windows or inadequate lighting in common areas that compromise tenant security. Poor security exposes tenants to potential break-ins and can lead to a feeling of unsafety among the residents.
Understanding these common issues can help tenants identify when their rights are being violated and what steps they can take to protect themselves, including notifying their landlord and, if necessary, taking legal action. This foundational knowledge is critical for tenants as they navigate their rights and responsibilities under New York law.
Brooklyn Premises Liability Lawyers – Kucher Law Group
Samantha Kucher, Esq.
Samantha Kucher has dedicated her legal career to helping injured clients throughout Brooklyn and New York City recover the compensation they deserve. As a founding attorney of Kucher Law Group, she focuses on representing victims of premises liability accidents, including slip and fall injuries, unsafe property conditions, and negligent security claims. Samantha’s commitment to justice began early, inspired by her experiences at the Milton Hershey School, and continues through her compassionate representation of clients facing difficult physical and financial recoveries.
- Founding Attorney of Kucher Law Group
- B.A. from New York University; J.D. from New York Law School
- Volunteer experience with the New York County Family Law Pro Bono Program
- Fluent in English, Russian, and Spanish
- Focuses on premises liability, pedestrian accidents, and motor vehicle crashes
- Recognized as a Super Lawyers “Rising Star” and one of National Trial Lawyers’ “Top 40 Under 40”
Michael Roitman, Esq.
As a Brooklyn premises liability attorney and co-founder of Kucher Law Group, Michael Roitman is known for his tireless advocacy and outstanding results in complex personal injury cases. Michael’s background as the child of immigrants who fled persecution has instilled in him a deep empathy for those who feel powerless against large corporations or insurance companies. He brings both skill and compassion to every case he handles.
- Co-founder of Kucher Law Group
- B.A. from New York University; J.D. from Western Michigan University Cooley Law School
- Secured numerous seven-figure verdicts and settlements in premises liability, slip/trip and fall, labor law, and medical malpractice cases
- Admitted to practice in New York and New Jersey State Courts, and the Southern and Eastern Districts of New York Federal Courts
Alex Rybakov, Esq.
With more than a decade of experience handling premises liability and personal injury cases, Alex Rybakov brings seasoned judgment and a client-focused approach to every matter. As a founding partner of Kucher Law Group, Alex has successfully represented clients in a broad range of cases involving dangerous property conditions, construction site accidents, and negligent maintenance. His strategic approach and commitment to open communication ensure that every client understands their rights and the progress of their case from start to finish.
- Founding Member of Kucher Law Group
- B.A. from New York University; J.D. from Seton Hall Law School
- Extensive experience in premises liability, slip and fall, construction accidents, product liability, and wrongful death claims
- Develops detailed, customized legal strategies for each client’s unique situation
- Emphasizes transparency and consistent communication throughout the legal process
Documenting Unsafe Living Conditions
Proper documentation of unsafe living conditions is a critical step for tenants in New York who are considering legal action against their landlords for neglecting property maintenance and safety. This documentation not only serves as evidence in legal proceedings but also supports the tenant’s claims in negotiations or in requests for repairs. Below, key strategies for effectively documenting these conditions are discussed.
Conducting a Detailed Inspection of the Premises
Tenants should start by thoroughly inspecting their rental unit for any signs of unsafe conditions. This inspection should include all rooms, common areas, and any external parts of the property accessible to the tenant. During the inspection, it’s crucial to look for violations of New York housing codes, such as structural damage, inadequate fire exits, or any hazards that could pose a risk to health and safety. It’s advisable for tenants to use a checklist based on local housing standards to ensure all potential issues are noted.
Taking Photographs and Videos as Evidence
Visual evidence is highly compelling in any legal context. Tenants should take clear photographs and videos of all observed unsafe conditions. These images or videos should be dated and include timestamps if possible, which can be automatically done with most smartphones and digital cameras. This visual documentation should cover wide angles to show the extent of the problem as well as close-up shots to detail specific dangers or damages. It’s also beneficial to have sequential images showing the progression of any deteriorating conditions over time.
Recording Dates and Descriptions of Unsafe Conditions
Alongside visual documentation, it is important for tenants to keep a written log of all unsafe conditions. This log should include detailed descriptions of each issue, the date it was first noticed, and any changes in the condition since it was first observed. This written record should also document any verbal or written communications with the landlord about these issues, including the dates of such communications and any responses received. This type of documentation can be crucial in demonstrating the landlord’s response time and overall responsiveness to the issues, which can influence legal proceedings under New York laws.
Communicating and Notifying the Landlord
Once unsafe living conditions are properly documented, the next crucial step is communicating these issues to the landlord. This communication must be handled methodically to ensure there is a formal record of the interaction, which can be important if the matter escalates to legal proceedings or requires intervention by local housing authorities in New York.
Sending a Written Notice to the Landlord
In New York, tenants are advised to formally notify their landlords of any unsafe conditions by sending a written notice. This notice should clearly describe each of the documented issues and the expected remedies. The letter should be specific, detailing the conditions that violate New York’s housing codes and suggesting a reasonable deadline for the repairs. It is recommended to send this notice via certified mail with a return receipt requested, or any other method that provides proof of delivery.
Keeping Records of All Correspondence
It is critical for tenants to maintain copies of all correspondence with their landlords regarding unsafe conditions. This includes the initial written notice, any follow-up communications, and responses from the landlord. These records should be organized chronologically and stored securely. In addition to hard copies, it may be beneficial to keep digital copies as backups. This comprehensive record-keeping will support the tenant’s claims should there be a need to escalate the issue to court or to the local housing authority, demonstrating a clear timeline of attempts to resolve the issue.
Requesting Repairs or Remediation
After notifying the landlord, the tenant should formally request repairs or remediation. This request can be included in the initial written notice or in subsequent communications if the landlord does not respond to the first notice. In New York, if the landlord fails to make necessary repairs within a reasonable time after being notified, tenants may have several options depending on the severity of the issues. These options include repairing and deducting the cost from rent, withholding rent until the issue is resolved, or in severe cases, calling in city inspectors who can issue violations to landlords under local housing codes.
HPD Violations and Landlord Responsibilities
The New York City Department of Housing Preservation and Development (HPD) categorizes violations into three main types based on their potential harm to tenants’ safety and well-being. Understanding these categories is essential for tenants and landlords alike to address issues promptly and avoid penalties.
Non-Hazardous Violations (Class A)
These are the least severe and include minor violations that don’t immediately affect tenants’ health and safety. Examples might include small leaks, minor mold issues, or peeling paint in non-lead areas. Landlords are given up to 90 days to correct these conditions. If these are not addressed within the specified timeframe, HPD can impose fines ranging from $10 to $50 per day until the violation is resolved.
Hazardous Violations (Class B)
These violations pose a more direct risk to tenants’ health or safety but are not considered emergencies. Examples include moderate mold and mildew issues, non-functioning second exits that are not the primary means of egress, or significant plumbing leaks. Landlords have 30 days to remedy these issues. Failure to comply can result in fines of $25 to $100, plus an additional $10 per day, accumulating until the repair is made.
Immediately Hazardous Violations (Class C)
These are the most severe violations that pose an immediate threat to tenants’ health and safety. Examples include lack of heat or hot water during the winter months, major electrical hazards, or significant structural dangers. These require immediate attention, with landlords needing to address these problems within 24 hours. For buildings with 5 or fewer units, the fines can be $50 per violation per day. In buildings with more than 5 units, HPD may impose fines ranging from $50 to $150 per violation, with an additional daily penalty of $125 until the issue is fixed.
Heat and Hot Water Violations
Specifically concerning heat and hot water, which are considered Class C violations during the heating season, landlords failing to provide these necessities can face steep fines ranging from $250 to $500 per day per violation. This reflects the critical nature of these services, especially during colder months.
Tenant Actions and Landlord Compliance
Tenants experiencing any of these violations should report them to HPD, which can be done online, via phone, or through the 311 service. The tenants must also provide their contact information. Once a complaint is lodged, HPD will typically conduct an inspection to verify the issue and classify the violation. It is crucial for landlords to respond promptly to these complaints and commence repairs to avoid accumulating fines and further endangering tenant welfare.
| Category | Correction Deadline | Typical Penalty / Fine Range |
|---|---|---|
| Non-Hazardous Violations (Class A) | Within 90 days of issuance | $10–$50 per day until corrected; newer fines range from $50–$150 initial plus $25 per day |
| Hazardous Violations (Class B) | Within 30 days of issuance | $25–$100 plus $10 per day until fixed; newer fines range from $75–$500 initial plus $25–$125 per day |
| Immediately Hazardous Violations (Class C) | Within 24 hours of issuance (some exceptions up to 21 days) | For buildings with 5 or fewer units: $50–$150 per violation plus $50 per day; for larger buildings: $50–$150 per violation plus $125 per day; newer fines up to $1,200 initial and $1,200 per day |
| Heat and Hot Water Violations | Immediate correction required during heating season (October 1–May 31) | $250–$500 per day for first offense; $500–$1,000 per day for repeat violations |
| Tenant Actions and Landlord Compliance | Tenants report violations through 311 or HPD; HPD inspects and classifies issues | Landlords must certify repairs promptly to avoid civil penalties and potential legal action |
Initiating an HP Action
HP Actions represent a critical legal tool for tenants facing unresponsive landlords who fail to uphold the standards set by housing laws. This process not only ensures that necessary repairs are conducted and essential services are restored but also reinforces the legal obligations of landlords. Here’s a more detailed exploration of the process and considerations involved in filing an HP Action.
Here are the key steps to file an HP Action:
- Going to the Clerk’s Office: At the Housing Court’s Clerk’s Office, tenants can obtain and fill out the necessary forms to file an HP Action. The clerks can assist in understanding the forms and guide on how to fill them out.
- Service of Process: After filing, the court will issue a summons to the landlord, officially notifying them of the HP Action. This process, known as the service of process, is crucial as it legally compels the landlord to respond to the allegations in court.
- Court Proceedings and Follow-ups: During the court hearing, both parties present their evidence and arguments. If the judge decides in favor of the tenant, they will issue an order for the landlord to make the necessary repairs by a specific date.
It’s important for tenants to follow up and ensure that the repairs are completed as ordered. If the landlord still fails to comply, tenants may need to return to court for further enforcement actions.
Protections Against Landlord Retaliation
After taking steps to report unsafe living conditions or file an HP Action, many tenants worry about how their landlord might respond. It’s an understandable concern, but it’s important to know that New York law strictly prohibits landlord retaliation. Landlords cannot punish tenants for asserting their legal rights or reporting violations.
What Counts as Retaliation?
Landlord retaliation can take many forms, including:
- Trying to evict you shortly after you report conditions or start a legal action.
- Raising your rent without justification, especially if it occurs soon after a complaint.
- Refusing to renew your lease as punishment for exercising your rights.
- Reducing essential services, such as turning off heat, water, or electricity.
- Changing locks or making access to your apartment difficult.
These actions are considered unlawful when they occur within one year of a tenant engaging in a protected activity, such as:
- Reporting health or safety violations to the Department of Housing Preservation and Development (HPD).
- Filing an HP Action or other legal claim related to the condition of the property.
- Participating in a tenants’ association or organizing with other tenants.
What Tenants Can Do
If you believe your landlord is retaliating, you have several options:
- Document everything. Keep copies of all communications, rent receipts, and reports you’ve filed.
- Respond promptly to eviction notices. Retaliatory evictions can be challenged in Housing Court.
- File a complaint with HPD or take legal action. You can seek damages or other remedies for retaliation.
- Consult with an experienced lawyer. They can help you assert your rights and build your case.
Knowing that the law is on your side can help you take action with confidence. By standing up for your right to a safe and habitable home and knowing how to respond to retaliation, you protect not only yourself but also your community.
Injured by Your Landlord’s Negligence? Legal Help Is Available from Kucher Law Group’s Brooklyn Premises Liability Lawyers!
Going through the complexities of landlord-tenant law can feel overwhelming, especially when you are dealing with injuries or other serious consequences of unsafe living conditions. Remember, you have rights and there are paths to justice. If your landlord’s negligence has compromised your safety, resulting in injury, it’s not just about getting repairs done – it’s about holding them accountable for their actions and ensuring that your legal rights are fully protected.
Don’t let the negligence of a property owner diminish your quality of life or put your safety at risk. Kucher Law Group is here to support you through every step of the legal process, offering experienced guidance and strong representation to secure the compensation you rightfully deserve. Contact us today at (929) 563-6780 to schedule a free consultation, and let our team of skilled premises liability lawyers in New York help you make a strong case against your landlord.
