QUESTION

Who can help us resolve a dispute with our property’s management company about required floor repairs in our apartment?

Asked on Jan 05th, 2024 on Landlord and Tenant Law - New York
More details to this question:
My wife and I have rented our current apartment since 7/19/22. About a month after we moved in, we saw a corner of a piece of vinyl flooring in our dining room coming up. We filed a maintenance request, but the issue wasn’t fixed. We have since filed several more requests. A flooring company rep looked at the floor several months ago, but his company later said they wouldn’t do the work because his workers won’t wear masks (we are both immune compromised). The floor is getting worse and now a safety hazard (I am a fall risk). A rep of a different company who said they would mask estimates that repairs would now cost several thousand dollars. Our property manager requires a deposit of $2800 before work can begin. My wife and I are both disabled and on SSDI. We can’t afford the deposit, let alone the full cost. We don’t understand why we are being asked to pay for the repair when we first told management about it over a year ago.
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
I am puzzled as to how a "corner of a piece of vinyl flooring coming up" evolved into a "safety hazard" requiring "several thousand dollars" of repair over the course of a little more than a year. It really begs the question, how did that happen? If the entire floor was in such bad condition when you moved in, you should've notified the landlord about the general condition of the floor. The landlord now seems to be treating the floor problem as something you created.  Be that as it may, you can still report the condition to the Building Department if you live in a borough of New York City by calling (212)639-9675. If the floor is found to be a building code violation, the landlord will be served with a notice of violation and you can start a housing court proceeding (an HP action) and the landlord will have to fix it. You may even get a rent abatement. If you want the repairs done at no cost to yourselves, you'll need to let in inspectors and repair people regardless of whether they're masked. Since you're immune compromised you can always wear your own masks and ask everyone to keep their distance from you. But you can't force anyone to wear a mask.  You haven't said whether the landlord or super came into your apartment to inspect the floor, or just the flooring company, and whether you or the landlord arranged the company. But I'm guessing that neither the landlord or super has been in your apartment because they won't wear masks. That would be entirely understandable if it were April 2020, but it isn't. If it comes out in the course of a court hearing that you refused to give access for repairs or inspections because workers or inspectors wouldn't wear masks, there's no guarantee a judge wouldn't throw out your case.  You can always stay in another room while repairs are being made or conditions inspected.You can also call around until you find a company or repair person willing to do the repair at a reasonable cost, and pay out of pocket. Just because you were told by one company the repair will cost thousands of dollars doesn't mean it should. As for the landlord's demand for a $2800 deposit, that defies logic. If you choose to hire someone to repair the floor, make sure they're insured and don't alert the landlord.   
Answered on Jan 22nd, 2024 at 8:20 PM

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