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Posted by Anna on January 03, 2000 at 15:14:13:

In Reply to: Re: Yo, Rich! posted by Fred on January 02, 2000 at 16:23:41:

ALL DOORS must close properly, I don't remember if it is written in the HMC or MDL, someone could go to TenantNet Home and do a search for it. Even if is is not spelled out, HPD (and/or DHCR, if Jessica is rent regulated) would simply use the catch-all violation code for "if it is broken, fix it!". For those with children age 6 or under: report it also to the Dept of Health: violation of the new Lead Paint Law for doors or windows to bind or stick (because this causes lead paint dust).

ALL WINDOWS must be operational. Another violation, see door discussion above. If the window is also a fire exit, it violates the Fire Code in addition to the HMC/MDL.

DYING FRIDGE: ditto. How to avoid "MCI 1/40th" increase if you are rent regulated: the landlord is required to repair it or replace it with one that works properly. Do not ASK for a NEW one, just one that works properly. He can only increase the rent (BTW: no DHCR/MCI permission needed for this) IF you agree in writing beforehand that you will pay the increase for a new appliance.

Do what Fred suggests: the letters. BUT IF that window is a fire trap or is letting cold air in, give him only a couple of days to inspect and/or repair it. Then call HPD: stress the cold air coming in: otherwise it is difficult to get them to inspect this time of year. Also: report vermin, if any, they pay attention to that. Report several big items on the phone, have a complete list ready for their inspection date.

: Couldn't have said it better myself! Mean people suck.

: Now onto your concerns: fridge light. We're going to assume you are somewhat intelligent and if the fridge is as you described, "on its deathbed" then you have something to complain about. A landlord is required to keep appliances in working order and clearly this one is not. As for the window, if its broken (you said there was NO crank?) then that too is also a violation. Make a detailed list of repairs -- noting those things which are specifically in violation of the lease (non-working appliances, broken windows, etc) and send it (certified, return receipt) to the landlord. A reasonable period of time is 30 days -- if the list is long you might want to give the guy 60 days (just to show how "reasonable" you are). If you don't get any progress start filing all the forms -- maybe he'll get the message then. As for your closet doors, while they are not specifically stated in your lease, neither is the door to your bathroom (and I'm assuming you have one of those) so it's implied. You'll have a tough time proving it but give it a shot.

: Also, I don't think the landlord can charge you for the new fridge unless it's a MCI and to be a MCI I think it has to be an improvement made to the whole building. Does anyone else know the specifics on replacing broken appliances?

Follow Ups:

• Re: Yo, Rich! do not pay increase for fridge Jessica 01/03/00 (2)
  • Re: Yo, Jessica Jessica Jessica Jessica Richard 01/03/00 (0)
  • Re: do not pay increase for fridge Anna 01/03/00 (0)

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Comments:
: ALL DOORS must close properly, I don't remember if it is written in the HMC or MDL, someone could go to TenantNet Home and do a search for it. Even if is is not spelled out, HPD (and/or DHCR, if Jessica is rent regulated) would simply use the catch-all violation code for "if it is broken, fix it!".  For those with children age 6 or under: report it also to the Dept of Health: violation of the new Lead Paint Law for doors or windows to bind or stick (because this causes lead paint dust).

: ALL WINDOWS must be operational.  Another violation, see door discussion above.  If the window is also a fire exit, it violates the Fire Code in addition to the HMC/MDL.

: DYING FRIDGE: ditto.  How to avoid "MCI 1/40th" increase if you are rent regulated: the landlord is required to repair it or replace it with one that works properly.  Do not ASK for a NEW one, just one that works properly.  He can only increase the rent (BTW: no DHCR/MCI permission needed for this) IF you agree in writing beforehand that you will pay the increase for a new appliance.

: Do what Fred suggests: the letters.  BUT IF that window is a fire trap or is letting cold air in, give him only a couple of days to inspect and/or repair it.  Then call HPD: stress the cold air coming in: otherwise it is difficult to get them to inspect this time of year.  Also: report vermin, if any, they pay attention to that.  Report several big items on the phone, have a complete list ready for their inspection date.

: : Couldn't have said it better myself!  Mean people suck.

: : Now onto your concerns: fridge light.  We're going to assume you are somewhat intelligent and if the fridge is as you described, "on its deathbed" then you have something to complain about.  A landlord is required to keep appliances in working order and clearly this one is not.  As for the window, if its broken (you said there was NO crank?) then that too is also a violation.  Make a detailed list of repairs -- noting those things which are specifically in violation of the lease (non-working appliances, broken windows, etc) and send it (certified, return receipt) to the landlord.  A reasonable period of time is 30 days -- if the list is long you might want to give the guy 60 days (just to show how "reasonable" you are).  If you don't get any progress start filing all the forms -- maybe he'll get the message then.  As for your closet doors, while they are not specifically stated in your lease, neither is the door to your bathroom (and I'm assuming you have one of those) so it's implied.  You'll have a tough time proving it but give it a shot.  

: : Also, I don't think the landlord can charge you for the new fridge unless it's a MCI and to be a MCI I think it has to be an improvement made to the whole building.  Does anyone else know the specifics on replacing broken appliances?


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