What Are a Landlord’s Legal Obligations Regarding Property Maintenance?

In Glen Cove, NY, landlord laws and tenant laws primarily follow New York State law, though there are some local city codes in play. Glen Cove does not fall under New York City’s specific Housing Maintenance Code, but state-level requirements apply. Local enforcement is done through the city’s Code Enforcement department.

Landlord Laws and Tenant Laws in Glen Cove, NY

New York Real Property Law § 235-b requires landlords to comply with what’s known as an “implied warranty of habitability.” This can be summed up by saying that landlords have to keep their properties safe, clean, and livable. In detail, landlords have to:

• Keep the premises in good repair
• Maintain electrical, plumbing, sanitary, heating, and ventilating systems
• Ensure any landlord-provided appliances are in good working condition
• Keep the property free of vermin, pests, and garbage
• Provide essential services like heat, hot and cold water, and structural integrity
• Address repairs within a reasonable time

What Landlords Aren’t Responsible For

Landlords are not responsible for repairs or damage that are caused by a tenant except for normal wear and tear. In other words, if a tenant has an accident and breaks the faucet in a shower, the landlord is not responsible to fix it. But if the faucet begins leaking under normal use, the landlord is responsible.

Glen Cove-Specific Requirements

The regulations here in Glen Cove mirror the state requirements for the most part. Residential premises have to be kept in a clean, safe, and sanitary condition and all common areas need to be clean and in good repair. For multiple dwellings or apartments, owners are required to repaint or cover the interior surfaces whenever inspectors deem it necessary, or at least every three years.

For one- or two-family rental properties, where the owner does not live on the property, the property needs to be registered with the city Building Department and is subject to bi-annual city inspection.

What Happens If the Landlord Isn’t Following the Rules?

If your landlord is failing to follow city or state regulations, your first step should be to notify your landlord in writing. Always keep records of all your communications about any request for a repair or maintenance. If the landlord violates a local enforcement code, you would contact Code Enforcement. For state violations, you would report the issue to either the New York State Attorney General’s office or the Division of Homes and Community Renewal (HCR), depending on the situation.

Your lawyer can help you with the details and make sure everything is done right, so you get resolution as quickly as possible. As a tenant, you do have some options under the law. In certain situations, you are permitted to withhold rent or to deduct the cost of repairs from your rent. You may also be able to bring a claim against your landlord in the courts. Always talk to a lawyer before taking these actions, however.

If your landlord is violating the law, or you suspect they are, call us today at Chiariello & Chiariello in Glen Cove, NY ​for a consultation. We also serve clients in Queens and Long Island.

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