As a lawyer, if you are facing mold or water damage issues that your New York City landlord is not addressing, you may have several options available to you. Here is some legal advice to help you address the situation:
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Notify your landlord: Your first step should be to notify your landlord in writing of the issue. You can use a certified letter with a return receipt requested to ensure that you have proof that you provided the landlord with proper notice. Under New York law, landlords have a legal duty to provide their tenants with a habitable dwelling that is free from hazardous conditions. In the event that the landlord fails to address the issues within the time frame you give them, you may have legal grounds to take further action.
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File a complaint with the housing authority: If your landlord fails to rectify the issue within the legally required timeframe, then you may file a complaint with the housing authority in your area. This agency will investigate the mold or water damage and serve the necessary notices to the landlord.
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Hire an attorney: If you feel that the landlord is not responding appropriately to your complaint, you may wish to hire an attorney who can help you take legal action. An attorney can help you file a case with the housing court, which would require the landlord to remedy the issue or face penalties.
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Withhold rent: Under certain circumstances and pursuant to New York State law, you may be allowed to withhold rent until the issue is addressed. However, the exact situation and legal requirements for this will depend on various factors, including the severity of the issue and the amount or duration of rent withheld.
In any case, it is important to keep all communication with the landlord and the housing authority, and document the mold or water damage with photos and detailed notes. By following these steps, you can help ensure that the issue is addressed and that your rights as a tenant are protected.
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