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You may want to use your right to get your rent reduced or seek reimbursement from your landlord for any costs or hardship associated with the mold issues. You can start a case in small claims court if you have spent money on mold remediation that your landlord should have handled.
Conditions for Legally Breaking a Lease in New YorkEarly Termination Clause.Active Military Duty.Unit is Uninhabitable.Landlord Harassment or Privacy Violation.Domestic Violence.Senior Citizen or Health Issue.22-Mar-2022
Building RequirementsLandlords of buildings with three or more apartments, or buildings of any size where a tenant has asthma, are required to keep tenants' homes free of mold. This includes safely repairing water leaks and correcting persistently high humidity levels.
Your duty as a landlord As a landlord, it's both your legal responsibility and a duty of care to your tenants to make sure your property is free of damp and mould.
You may want to use your right to get your rent reduced or seek reimbursement from your landlord for any costs or hardship associated with the mold issues. You can start a case in small claims court if you have spent money on mold remediation that your landlord should have handled.
To report a mold problem in your apartment or common building areas, call the NYC Dept of Health at 311 (or directly to the DOH's Office of Environmental Investigations at 212-442-3372.) You can also report mold and any chronic leaks from pipes, improperly working drains, or roof leaks, to the NYC Dept.
Your landlord can be held accountable for addressing and correcting the mold problem. You might be entitled to withhold future rent payments until the landlord fixes the issue. You might even have a legitimate legal claim against your landlord if their negligence led to the presence of the mold in the first place.
Legally, you're not allowed to repair and deduct, withhold rent, or break your lease if you caused the mold problem. Make sure to promptly report spills and leaks to your landlord, and, if you do notice mold anywhere in your apartment, let your landlord know in writing before it becomes a more serious issue.
To report a mold problem in your apartment or common building areas, call the NYC Dept of Health at 311 (or directly to the DOH's Office of Environmental Investigations at 212-442-3372.) You can also report mold and any chronic leaks from pipes, improperly working drains, or roof leaks, to the NYC Dept.