How to Stop Your Landlord From Making You Pay for Repairs

New York Times

3 days ago

Q: I have lived in a rent-stabilized apartment in a co-op building with a non-eviction plan since 1979. Recently, the super identified leakage, likely caused by the deterioration of the grout in my bathroom shower tiles. This is causing damage to other parts of the building. The owner of my apartment shares is financially responsible for maintaining the apartment, but is trying to make me pay for the cost of the repair, claiming that I was neglectful in keeping up the bathroom tiles and grout. Am I responsible for this?
A: Do not let the shareholder — your landlord — push the cost of this repair onto you. You have lived in the apartment for 45 years, and deteriorating grout over that time is a maintenance issue, not a result of your negligence.
'This tenant is not responsible for the cost of these repairs,' said Justin C. Brasch, an attorney who represents tenants in New York.
Cory L. Weiss, a partner at the Manhattan firm Tarter Krinsky & Drogin, who represents the landlords of rent-regulated tenants, agreed. 'The owner of the apartment is required to perform the repairs,' he said. 'The tenant would only be responsible for the landlord's cost of such repairs if the grout problem was caused by the negligent or otherwise wrongful conduct of the tenant.'
It's up to either the co-op or the owner to fix the problem. If it's within the interior of the apartment, as you describe, it likely falls to the owner. The building's governing documents should have the answer. If your landlord believes the co-op is responsible, then they can make a claim against the co-op.
New York's Division of Housing and Community Renewal outlines landlords' responsibilities under the rent regulation law, and states that an owner must provide and maintain required or essential services for tenants, including repairs.
You can write a letter to your landlord by certified mail describing the grout deterioration, and stating that the problem is ordinary maintenance and that you're not responsible. Mention that if the repairs are not made, you will call 311 or file what's known as an HP action in housing court to demand that they are.
If your landlord continues to insist that this is your responsibility, you can also bring a harassment claim against them in court.