Q: My wife and I have rented a market-rate two-bedroom apartment in Cobble Hill, Brooklyn, since 2013. During that time, I once commissioned a few rooms to be painted. But other types of wear and tear have also occurred over the years. The hardwood floors have lost their seal, some of the kitchen cabinet doors are chipped, and the wood under the bathroom sink is peeling. My refrigerator works fine, but it doesn’t look good. Is there a law that says a tenant is entitled to minor renovations after 10 years? I would like the landlord to fill this out.
answer: To be entitled to repairs like the one you describe, you must prove that the problems in your apartment violate a city ordinance aimed at ensuring livable apartments for tenants. .
Generally, the property you are inquiring about does not violate the City’s Habitability Warranty, nor does it violate the City’s Multifamily Housing Or Housing and Maintenance Act. If a floor or cabinet cracks or a refrigerator breaks, landlords must make repairs, said Samuel J. Himmelstein, a Manhattan lawyer who represents tenants. (Rent stabilized tenants have more rights than market rate tenants when it comes to unit maintenance.)
One of the upgrades required by law is paint. The city’s housing maintenance law requires landlords to paint their apartments every three years in rental apartment buildings with three or more units. For smaller buildings, homeowners should paint if necessary.
While you can ask for the desired repairs, keep in mind that the landlord can also choose not to renew the lease of the complaining market-rate tenant. Although this is not legal, claims of retaliation are difficult to prove in court, Himmelstein said.
You may be able to make some repairs yourself, but be sure to check your rental agreement to fully understand what changes your tenant can make. David A. Kaminsky, a Manhattan-based real estate attorney, said violating a lease can lead to eviction or non-renewal.
“Some tenants do their own repairs without consulting the landlord,” Kaminsky said. “But we don’t recommend that because there are insurance issues, the worker could get injured, and you’ll be angering the landlord for doing work without permission.”
If you want to ask your landlord to facilitate these upgrades, first ask for a quote to get an idea of how much it will cost. Then, spell out the work you want, the materials you’ll need, and a quote, Kaminski said. If the landlord refuses, you can also offer to cover the costs. If that is not possible, you can also offer to pay.
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