landlord says we have to fix it....

[teshau2]

Our just moved into a house in Nassau Cty (w.hempstead) which we
just started living in as of Jan3. Since the beginning, we've had problems with the hot water, heating system (boiler) and plumbing. Although the landlord(s) [the house is one of 20+ properties owned by a local business that can't seem to keep track of them all] has attempted to remedy the boiler problem, he still hasn't sent anyone over to fix the plumbing/hot water issues except to have his 'maintenance man' (a fellow he has on the payroll for the business they operate) to "take a look at it".

He/they made a disturbing statement last time I talked to them:
something to the effect of "look, I'm responsible for the house structurally: iif the roof leaks or something's wrong with the foundation, or if the boiler actually blew up or hot water heater etc, I"ll replace it. But you're renting the house. It's basically your responsibility to take care of, including plumbing, electrical, heating: that's the maintenance portion of your lease, that's on you. You have to maintain it. We've done it this way for 20 years and there's never been a tenant who didn't do it this way".

I've rented houses and apts. east coast and west for 15 years and I've *never* heard anything like this in my life!!! Of course we have to keep it cleaned/mow grass/pick up trash and just take care of the place and pay for our utilities. That's a no-brainer. But I've read my lease over and over and over again, and they keep quoting "you signed the lease 'as is", but I'm still not seeing 'as-is' in the lease (which they claim is a 'basic Blumberg" lease contract)

I'm clearly seeing:

Paragraph 7: Repairs - "Tenant must take good care of the leased premises and all equipment and fixtures contained therein. Tenant is liable for damages cause by his acts or or neglect and any acts or neglect of his family, invitees and guests. Tenant must make all repairs and replacement *when it results from his act or neglect.(Of course! this is normal) If tenant fails to make a needed repair (I'm assuming if it's a result of previously stated act or neglect, or am I wrong?) Landlord may do it and add the expenses to the rent.
Landlord is liable for any major maintenance work not the result of tenant's acts or neglect.

I think the owner(s) is/are thinking that 'maintenance" includes repairs. I've been reading about this "warranty of habitability" all over the place for NY State rentals which seems to include these kinds of things. Am I missing something here, or is the landlord correct about this?

Remember: These problems were (1) pre-existing, and (2) affecting the habitability of the house.

Also, another issue: They are a corp. which includes the store next to our house. Anytime we have a complaint/issue to discuss with them, it has to go through their receptionist at the store (who becomes agitated and shrill when I have to discuss these problems with her) and only during store hours. We've never been given an emergency number for after hours. They said if something (like a repair emergency) occurs afer hours, to just call a plumber/electrician/etc or whoever to make the needed repairs and pay for it ourselves, and get back to them on Monday morning to discuss it.

Is this normal? I've never been told to deal with problems in this manner.
Do they have to provide us with alternate emergency phone numbers or what?


thanks,

Vickie