Full question:
I rented an apartment in Albany 2 years ago. For the past 3 months I am troubled with the sanitary sewer clogging. I alerted my landlord several times, no action was taken thus far. Now the situation is so worse the sewage has started spilling out of the drains. Due to the health hazards involved, I hired a repair person to fix the issue. Do I have the option to deduct the repair costs from the rent?
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: New York
Answer:
In New York, if a landlord does not address essential repairs like plumbing and drainage, tenants have the legal right to either withhold rent until repairs are made or to repair the issue themselves and deduct the costs from the rent. This is outlined in Multiple Dwelling Law § 77, which mandates that all plumbing and drainage systems in multiple dwellings must be kept in good repair. If the plumbing or drainage is deemed dangerous to health, the department can order repairs (Multiple Dwelling Law § 78).
In your case, the severe sewage issue creates an emergency that affects the habitability of your apartment. Since your landlord has not acted on your notifications, you are entitled to have the repairs made and deduct the reasonable costs from your rent.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.