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Repair requests to Landlord- written vs recorded telephone

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Repair requests to Landlord- written vs recorded telephone

Postby structure » Tue Feb 15, 2011 3:16 pm

QUESTION: Can a landlord legally respond more slowly to a written repair request than to a repair request made to the landlord's new recorded line? The landlord says making RS tenants call a recorded line is their new procedure and that if the RS tenant submits a written repair request, the landlord's response will be slower because of their "internal procedures."

Building was built in 1920. The landlord is a non-profit. There are 13 units. 4 are rent stabilized and 9 are occupied by transients, who are part of a social service program run by an arm of the non-profit. It is not an SRO, regular apts.
Previously, all residents, RS and transient, were allowed to submit written requests for repairs directly to the super ( the LL is very bad about major repairs and RS tenants have had to file complaints). Now, RS tenants are only allowed to telephone a recorded line at the landlord's office to leave a message about a needed repair. We also have received in writing from the landlord that RS tenants may not ask the on-site super for assistance of any kind.Transient program participants continue to be allowed to request repairs directly from the on-site super. All repair requests to the super have always had to be made in writing, and, according to the super, still do- only RS tenants can't make such written requests anymore.
I do not receive timely responses from calling the recorded line ( I have never had a call back from the facilities manager whose telephone number the recorded line supposedly is) So, I started writing to the managing agent for repair requests to document my requests rather than calling the recorded line. I am waiting for the NYC inspector as I write, as I submitted an HPD complaint in mid-January for a written repair request from late December.
HPD called the landlord about my complaint on January 21st, and was switched to leave a message on the same recorded line. The landlord did not respond wit ha repair to the call from HPD. Clearly, calling the recorded line does not expedite repairs.
Now, I have received a letter from the landlord that writing repair requests to the landlord slows down their response because of their " internal procedures." I realize that what I should have done this time is called the recorded line and, then, written my repair request to the managing agent, noting in the letter when I telephoned the recorded line.Previously, I telephoned and sent a letter to the person whose number they say it is. Because I had slow or no responses to repair requests doing that, I switched this time to writing directly to the managing agent. The managing agent and senior officer of the owner never respond to any letters. Obviously, the landlord is trying to make it difficult for RS tenants to document that the landlord has received a request for repair from RS tenants.
The rent stabilized tenants have had all building-wide amenities taken away, reserving exclusive use for their program participants. The RS tenants have a current DHCR complaint open about the loss of building-wide amenities right now.
We think the institution of the new recorded line for RS tenants only is being done to give on-site priority in maintenance requests to their program participants, since the revenues from that program pays staff salaries , not the rents from our four RS units. Is is legal to allow one group of building residents access to the super and deny access to the super to RS tenants only?

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