A tenant in Manhattan who has lived in a rent-stabilized apartment for 45 years is facing ongoing issues with a persistently leaky south-facing window that the landlord has declined to replace. While other windows in the building were updated about two decades ago, this window continues to allow water intrusion during storms, raising concerns about mold and potential structural damage.
Legal experts say that under New York City and state laws, landlords are obligated to address maintenance problems such as leaking windows. David A. Kaminsky, a real estate lawyer based in New York, confirmed that "leaky windows are maintenance issues that must be corrected by the landlord." Rosalind Black, citywide housing director at Legal Services NYC, emphasized that windows causing leaks violate the warranty of habitability established by New York State law. This warranty ensures tenants are not subjected to conditions detrimental to their health or safety, including exposure to water damage that can lead to mold and other hazards.
Tenants are advised to formally document their complaints by sending a certified letter to their landlord, outlining the issue, its duration, and any previous correspondence. Organizations such as JustFix provide tools to assist tenants in drafting and dispatching such letters. Additionally, tenants can report the condition to New York City government by calling 311, which may prompt an inspection. According to Ms. Black, a leaky window constitutes a Class B hazardous violation under the city’s Housing Maintenance Code. Landlords receiving violation notices must rectify the problem within 30 days or face fines and penalties.
Rent-stabilized tenants have further recourse through the New York State Division of Housing and Community Renewal. They can apply for a rent reduction based on diminished services until the repair is completed. If these administrative steps fail to resolve the issue, tenants may bring a Housing Part action in Housing Court to compel the landlord to make necessary repairs.
These mechanisms provide tenants with multiple avenues to address chronic maintenance issues and help preserve safe living conditions in rent-regulated apartments across New York City.
