Legal Question in Landlord & Tenant Law in New York

unsafe living conditons

recently my apartment was flooded by a rainstorm. someone stopped up the drain pipes with sweaters and is being treated as a vandalism case. Now..the manager of the building has directed the super to come in a scrape the walls and paint over the stains. Now, there are not only stains,but a significant amount of major water damage and mold and mildew growth inside the walls and cielings. is this safe and should we with hold rent until it is repaired. The place smells and doesn't feel at all healthy


Asked on 11/12/03, 10:23 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: unsafe living conditons

This is terrible! I am allergic to mold myself and would become very sick in that environment.

You do have a right to have the apt fixed properly. If it is not fixed properly, you may withhold rent. (be sure to put the rent money in a separate bank account - that is important).

Make sure you are specific about the damages and are able to describe them and their impact as well as what you want the Landlord to do to fix the problem.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 11/13/03, 2:21 pm


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