As a renter, you move somewhere in good faith that your landlord will keep up their end of the bargain and take care of the property. Sadly, that’s not always the case.
More than two dozen tenants in Brooklyn are taking their landlord to court for what they say are unlivable conditions.
“How can you ask for rent under these deplorable conditions?” one tenant said in an interview with CBS News New York.
Even if the landlord agrees to repairs, tenants are still worried about losing their apartments in the process.
So what exactly is happening that the tenants are reacting this way, and what is their landlord doing about it?
What is the landlord being sued for?
CBS reports that tenants say their apartments at the Red Hook Gardens complex have had issues for years. Among them are trash buildup, rat and cockroach infestations, and leaks.
Lori Jones, one of the residents, said that “when it rains, sometimes it pours in my house” and “somebody gotta climb out the window to let us out the house,” referring to getting stuck in her apartment because of a broken lock on her front door.
In addition to the front door, CBS reporters noted that Jones’ upstairs bathroom door was also not secure, and that mold could be seen in multiple locations of her apartment during their tour.
Tenants say the lack of repairs as well as redevelopment plans by Carroll Gardens Association, the nonprofit that manages the complex, have resulted in them losing their Section 8 vouchers. Also known as housing choice vouchers, this government program is administered by public housing agencies and offers financial assistance for the elderly, people with disabilities and very low-income families to help pay for housing.
Without this assistance, tenants like the ones living in Red Hook Gardens could struggle financially.
Johnny Rivera, the tenant organizer from Brooklyn Legal Service Corp A, the organization currently representing the tenants, says the best solution is to make emergency repairs and put it in writing that tenants are guaranteed a place when they return.
In an official statement sent to CBS News New York, a representative from Carroll Gardens Association, the official landlord, says that it will be identifying repairs and creating an action plan to address them, as well as prioritizing the restoration of tenants' Section 8 vouchers.
The statement also says, “As part of the Red Hook Gardens redevelopment, which will bring 300 units of 100% affordable housing to Red Hook, all current residents are given a written document of their legal right to return upon completion.”
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What legal protections do tenants have in New York City?
The New York City Tenant Bill of Rights outlines the basic rights all tenants have, including additional rights for those living in rent-stabilized units.
As part of their rights, tenants are entitled to safe and well-maintained housing, clear of mold, garbage and leaks. Plus, landlords need to provide locks that work, and a safe environment, with smoke and carbon monoxide detectors, and reliable provisions for “essential services.”
If you're a tenant in New York City, living in a privately owned building like the ones at Red Hook Gardens, you have a right to make reasonable requests for repairs from the landlord.
If your building superintendent, property manager or landlord doesn't respond to your request, you need to ask in writing and follow up as necessary. Specifying what needs to be repaired and how it affects the livability and safety of your building is helpful.
You can also file a complaint with the New York City’s Housing Preservation and Development (HPD) if none of the above tactics work. Once you do so, you’ll receive a Service Request number — keep this for your records.
Then, the HPD will work with your landlord or property manager to correct the issue and contact you at a later date to see if your request was addressed. If not, an inspector will come to your home and inspect it to see if there are any violations, and send a notice to your landlord if the HPD finds any.
If the violation isn’t resolved within 70 days, you may be in a position to take your landlord to Housing Court (in some cases, free legal assistance may be available).
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Sarah Li-Cain, AFC is a finance and small business writer with over a decade of experience.
