Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Manhattan waterfront condo buildings
    Sell
    Manhattan deals hit new two-year high as inventory wanes
    apartment building in NYC
    Rent
    What is the certificate of occupancy and why is it such a big deal?
    The 14-story Nine Chapel luxury condominium is a new development in Downtown Brooklyn.
    New Construction + Condos
    20 crucial questions for buying a new or pre-construction condo in NYC
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    This is a photograph of brightly painted fire escapes on historic brick buildings in the Lower East Side of Manhattan.
    The Search
    NYC renters have filed hundreds of FARE Act complaints. Here’s what happens next
    NYC tenants marched to Gracie Mansion to protest a hike in rents
    Affordable Housing
    Tenants protest against Adams as increases for rent-stabilized apartments go into effect
    apartment building in NYC
    Rent
    What is the certificate of occupancy and why is it such a big deal?
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Manhattan waterfront condo buildings
    Sell
    Manhattan deals hit new two-year high as inventory wanes
    A living room staged by Urban Staging.
    Staging + Open Houses
    13 staging mistakes that can cost you the sale of your co-op or condo
    Modern residential buildings in Chelsea, Manhattan
    Negotiations + Closings
    What is a post-closing possession agreement and what are the risks for buyers and sellers?
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    A handheld gas detector
    Live
    Gas was seeping through our walls and my family is lucky our neighbor took action
    hidden camera brick underground
    Troubleshooting
    How to find a hidden camera planted by your landlord, Airbnb host, or another creep
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    insurance adjuster inspecting mold
    Products + Services
    How to tell if your apartment has mold—and how to get rid of it
    Woman on the phone to a plumber about a leaking sink
    Small Projects + DIY
    Here's what I learned to get our absentee landlord to fix things fast
    Apartment buildings in Lower Manhattan
    Renovation
    What repairs are co-op and condo owners responsible for, and what do buildings take care of?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Apartment buildings in NYC
    Rent
    Ask Altagracia: My landlord says there are too many people in my apartment. What are the rules about occupancy?
    Sponsored By Outerbridge Law P.C.
    Woman with dog at crosswalk in Central Park in NYC
    Rent
    Ask Altagracia: My landlord says no pets allowed but I have an emotional support animal. Can they evict me?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: Is my landlord obligated to upgrade my ancient kitchen?

By Himmelstein McConnell Gribben & Joseph LLP  | August 5, 2015 - 10:59AM
image
SHARE:
Share to Facebook
Share to Twitter
Print
More...

Dear Sam: Is there any type of requirement in rent-stabilized apartments for the landlord to update/upgrade the bathroom or kitchen after a certain amount of time? I moved in 18 years ago and the bath and kitchen are original to the building.

"The short answer to this one is 'no,'" says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. "The landlord does not have to upgrade the bathroom or kitchen after a certain amount of time."

Rather, your landlord's obligation is to make sure your apartment has working cabinets, a stove, sink, refrigerator, etc., that all function correctly, Himmelstein clarifies. "If one breaks, they're obligated to bring in a suitable, equivalent replacement," he says. "For instance, if all you have is a small $400 refrigerator and it breaks, they only have to bring in something of equivalent value. And it doesn't have to be new, it can be used."

And if you're hoping to talk your landlord into some upgrades, you may be facing an uphill battle. "In my experience, landlords do not want to upgrade rent-stabilized apartments, because it makes tenants more comfortable and less likely to leave," says Himmelstein. For absolutely necessary upgrades, you're likely to face two choices. Either the landlord will put in the minimum necessary replacements, or offer to put in something new and better if you agree to a rent increase for what's known as an Individual Apartment Improvement Increase. In this case, you'd agree to pay a permanent monthly rent increase of 1/40th the cost of the work if your building has fewer than 35 units, and 1/60th the costs if it has more than 35. 

"The planned improvements, and your consent to the increase, both have to be in writing," Himmelstein notes. If you're hoping to get some up-to-the-minute appliances but hang on to the protections of your rent-stabilized apartment, it may be worth paying the incease.

Related: 

Ask Sam: What kind of problems qualify me for a rent abatement? [sponsored]

Ask Sam: What's a "major capital improvement," and does it really mean my landlord can raise the rent? [sponsored]

Ask Sam: Can my landlord charge me extra if I build shelves into my apartment? [sponsored]

See all Ask a Renters' Rights Lawyer


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia boards major capital improvements Neighbors Renovation rent regulation renting staff
SHARE
TWEET
BRICK’S PICKS
empty nesters in modern kitchen
Empty nester checklist: What to consider if you are buying or renting in NYC
NYC apartment building with AC units
My neighbor's dripping AC is driving me crazy. What can I do?
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Apartment buildings in Soho
New Rent Guidelines Board report justifies a rent freeze, tenant advocates claim
Brooklyn apartment buildings
Understanding net effective rent: Here's how to calculate your real monthly rent
image
How much should you renovate your NYC apartment or house before selling?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS