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: There's mold in my apartment and my landlord offered to move me. Should I accept?

By Himmelstein McConnell Gribben & Joseph LLP  | May 8, 2019 - 10:00AM
image

Offering you an apartment elsewhere is actually going beyond what a landlord is required to do.

iStock

SHARE:
Share to Facebook
Share to Twitter
Print
More...

Mold was found in my apartment and my landlord says that I need to be out of there while it is being cleaned up. He offered me an apartment in one of his other complexes as a permanent move. What do I need to know about this situation? Should I expect them to pay a moving company to move me?

The extent to which you can negotiate in this situation depends on whether or not you’re rent-stabilized, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations.

“If you’re a market-rate tenant, it limits your bargaining power,” Himmelstein says.

Whether you are stabilized or market rate, there are limited circumstances under which your landlord is obligated to move you out of the apartment. Under NYC law, all tenants are entitled to a livable, safe, and habitable apartment under the warranty of habitability. Typically, though, this just requires landlords to address any problem that makes an apartment unsafe. In some cases—for example, if lead is found in an apartment where there are children under six years old—the landlord might have to temporarily move tenants out while making repairs.

“By offering the tenant another apartment, he’s actually doing something he’s probably not required to do, and in a market-rate apartment your bargaining power is limited,” Himmelstein says. “If the tenant pushes back, the landlord might decide not to renew the lease.”  

There’s also the matter of the mold in your apartment, which can cause plenty of health issues. Even if you’re not crazy about the idea of moving, it may be in your best interest to do so, especially if your landlord doesn’t do a perfect job of remediating the mold. 

As for moving expenses, theoretically you might be able recoup the expenses if you’re willing to go to court. But again, it’s probably easier to just go with the flow in this situation.

“Legally, if you sued the landlord and said he negligently caused mold to infest the apartment, you could get consequential damages, which would include moving expenses,” Himmelstein says. “But then, if you are a market-rate tenant, the landlord is likely to not renew the lease, and even though New York City has anti-retaliation laws, they’re hard to enforce.”

If you’re a rent-stabilized tenant, on the other hand, you have greater legal protections.  

“If the tenant is rent-stabilized, then they have every right to be returned to the original apartment,” Himmelstein says. “This is a contrast between stabilized and market-rate tenants. If the landlord wants you out to do repairs, you have every right to come back to the apartment you started out in.”  

Rent-stabilized and market tenants may also be entitled to rent reductions due to the presence of mold.

If you are stabilized and do end up moving back in, he adds, make sure to get a copy of your landlord’s post-remediation report and clearance testing, which must be done by a different company than the one that did the original testing, to make sure the mold problem has been fully addressed.

Related: 

Ask Sam: My apartment tested positive for lead. Now what? (sponsored) 

Ask Sam: What kind of problems qualify me for a rent abatement? (sponsored)

Ask Sam: My apartment's riddled with problems. Can I get my landlord to move me to a new one? (sponsored)

Ask Sam: What can I do if my landlord refuses to fix a bathroom leak? (sponsored)

Read all our Ask a Renters Rights Lawyer columns here.


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.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
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 health & safety landlords tenants tenants' rights
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