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Who pays for replacement/repair of carbon monoxide detector?

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Who pays for replacement/repair of carbon monoxide detector?

Postby sr77 » Thu Oct 06, 2011 2:29 am

A sign posted in the building foyer where I live states that tenants are responsible for all upkeep and replacement of carbon monoxide detectors.

Particularly since these detectors are not the tenants' own property (even though they've paid their landlords $25 for them), it seems strange that a tenant should have to pay for the repair or replacement of any malfunctioning detector that was not caused by the tenant's own negligence.

Is there a legal basis for this claim?
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Postby ronin » Thu Oct 06, 2011 11:12 pm

This is actually easy. If the detector is not working and the LL tells you that you are responsible, just make a call to HPD about the violation.

Of course, since you already pay $25 for the $25 detector, it is an exercise in futility ultimately. But since you already paid he has to replace it.

IMHO
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Postby sr77 » Fri Oct 21, 2011 1:20 am

ronin wrote:This is actually easy. If the detector is not working and the LL tells you that you are responsible, just make a call to HPD about the violation.

Of course, since you already pay $25 for the $25 detector, it is an exercise in futility ultimately. But since you already paid he has to replace it.

Thanks, but that doesn't answer the question I asked -- i.e., whether the landlord's claim of a legal basis for charging the tenant to repair or replace a carbon monoxide detector (or, similarly, a smoke detector) is accurate.

If it is, then I would guess HPD would not get involved.

Has no one else here run into this?
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Postby ronin » Sat Oct 22, 2011 1:50 am

HPD will issue the LL a violation for not having a working detector in your apartment. It is the LL's responsibility. Unless you are willfully damaging the detector, you have no responsibility for its up keep and maintenance. Does that answer your question?

By now you should have made an HPD complaint. A broken detector could cost you your life whilst you quibble for clarity.
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