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
    Hudson Yards area of Manhattan
    Sell
    Hudson Yards takes the top spot again among NYC’s most expensive neighborhoods for buyers
    1st Avenue in Manhattan
    Sales Market
    6 reasons why your mortgage application might be denied or delayed that have nothing to do with you
    Townhouses on West 78th Street on the Upper West Side
    Sell
    ‘Buyer beware’ offset by new ‘seller reveal’ requirement for townhouse deals in New York
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Zoey moves from OK to NYC
    Rent
    Why I moved from Oklahoma to NYC: I was ready for a big career move
    NYC apartment buildings
    Affordable Housing
    Ask Altagracia: Our building is badly neglected. Can we as tenants take over the building?
    Sponsored By Outerbridge Law P.C.
    Protestors outside City Hall
    Rent
    Should NYC relax rules for short-term stays at private homes?
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Townhouses on West 78th Street on the Upper West Side
    Sell
    ‘Buyer beware’ offset by new ‘seller reveal’ requirement for townhouse deals in New York
    Hudson Yards area of Manhattan
    Sell
    Hudson Yards takes the top spot again among NYC’s most expensive neighborhoods for buyers
    Manhattan waterfront condo buildings
    Sell
    Manhattan deals hit new two-year high as inventory wanes
  • 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
    houses in Astoria, Queens
    Troubleshooting
    Facing foreclosure? How a housing counselor (Mamdani's former gig) can help
    NYC buildings in winter
    Improve
    How to warm up your chilly NYC apartment: Brick Underground's best advice
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    washer dryer condo bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
    NYC buildings in winter
    Improve
    How to warm up your chilly NYC apartment: Brick Underground's best advice
    212 West 72nd Street
    Small Projects + DIY
    What's the best shade of white to paint your NYC apartment if you're trying to sell?
  • 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
    NYC apartment buildings
    Affordable Housing
    Ask Altagracia: Our building is badly neglected. Can we as tenants take over the building?
    Sponsored By Outerbridge Law P.C.
    NYC apartment buildings
    Rent
    Ask Altagracia: My landlord enters my apartment with no warning. What can I do to stop this?
    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: Can I get my landlord to replace the rickety door to my terrace?

By Himmelstein McConnell Gribben & Joseph LLP  | September 9, 2015 - 1:59PM
image
SHARE:
Share to Facebook
Share to Twitter
Print
More...

Dear Sam: I've lived in my rent-stabilized apartment for 20 years, and over time, the screen door to my terrace has developed tearing from normal use, and has gotten pretty old and dirty from the weather. Management told me it's not possible to repair or replace the door, even if I pay for the work myself, and I've been given the impression that they won't fix or replace it until I vacate the apartment, and a market-rate tenant moves in. Am I entitled to a new screen door, or no?

While no one wants to live with a broken screen door (or the accompanying insects it might invite into your home), in the scheme of things that could be wrong with your rent-stabilized apartment, this is relatively minor, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations.

"I don't think this qualifies as a breach of the Warranty of Habitability," says Himmelstein, referring to the landlord's legal obligation to provide you with a livable home. For this reason, he doesn't recommend withholding rent, and while some judges might side with you if you fix the screen door yourself, then deduct the cost of repairs from your rent, Himmelstein warns, "If the landlord wants to play hard ball, you could get dragged to housing court."

Instead, your best bet here is to file a reduction of services claim with the Division of Housing and Community Renewal—and, as in all landlord-related disputes, create a careful paper trail in the process. If you haven't already, put your request for repairs to your landlord in writing. Then, if they continue to refuse, you can file your reduction of services claim (more tips on that process can be found here), and if the DHCR finds that your problem qualifies, your rent will likely be rolled back to what it was before your most recent increase and frozen at that amount until the landlord completes the repair.

That said, if you're hoping to avoid legal headaches (and the ill will of your landlord), the best course of action may just be to pay for the repairs yourself. "I tell clients all the time to pick your battles," says Himmelstein. "You might end up saying to yourself, 'I want a screen door that works, but I don't want to go to the mattresses over this.' And since you've created a paper trail requesting the repair, the landlord can't claim that your improvements are an illegal alteration."

Related:

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

Ask Sam: How do I find out if my apartment should be rent-stabilized—and if the landlord owes me money? (sponsored)

Ask Sam: What kind of problems qualify me for a rent abatement?(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 landlords Neighbors outdoor space rent regulation rentals renting staff
SHARE
TWEET
BRICK’S PICKS
880 Fifth Ave., PHF, a two-bedroom co-op listed for $6.975 million
The pros and cons of owning a NYC penthouse apartment
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
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