This form is a generic complaint for the loss of property left for repair.
New York Complaint for Loss of Property Left for Repair
State:
Multi-State
Control #:
US-00890BG
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint For Loss Of Property Left For Repair?
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FAQ
New York has a law called the "Warranty of Habitability" (Real Property Law 235-b). "Warranty" means promise. "Habitable" means that the rental unit is a safe and decent place to live. Any landlord who rents you a place to live must keep it in safe and decent condition, and must do needed repairs.
Call 311 (212-New-York) or visit 311 Online. Provide 311 with as much of the following information as possible: Date and Time of Trip.
Justification for withholding rent The defects or habitability issues warrant rent withholding or repair-and-deduct. In other words, the defects in question must result from genuine wear and tear. You may not withhold or deduct rent to make repairs for damages that are your making.
While New York law does not specifically state what a reasonable amount of time is, the New York Attorney General's office has decided that one week for repairs and 24 hours for inspections is considered reasonable. In the case of an emergency, a landlord can enter the property without the tenant's permission.
Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.
Warranty of habitability Tenants have the right to a livable, safe, and sanitary apartment. This right is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void.
Warranty of habitability A landlord might violate a tenant's right by, for example, not providing heat or hot water on a regular basis, or not ridding an apartment of an insect infestation. The warranty of habitability includes public areas of a building in addition to individual apartments.
You may be able to sue your landlord for a rent reduction or withhold rent, if you landlord fails to make a repair or violates the warrant of habitability. Withholding rent can be risky because your landlord may sue you for non-payment of rent.
