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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111492
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have lived in a rent stabliized apt in nyc for several

Customer Question

i have lived in a rent stabliized apt in nyc for several years now. about 2 years ago in the winter in noticed a bubbling in the walls. i deduced this was from the radiator and hot water pipes. i notified the super who said yeah i'll come take a look at it, he did look at it, but then never returned to fix it. the same happened to a leak in my ceiling, i complained, he took a look, said he fixed the leak and not to worry about the bulging in the ceiling and never came back to fix it.
i lived with it figuring it must not be a big deal. and what's a little bubbling in the paint anyway?
Last week I came home to find my ceiling collapsed in , debris everywhere, insulation dangling from the ceiling. They sent some to kind of clean it up and assess what needs to be done and now they said they will fix it, just have to arrange the time, etc.
This weekend i come to find inside one of the closets there is black mold all over. I asked a friend and he said black mold is incredibly toxic- my guess this is a direct result of them not fixing the radiator and the extreme overheating in the winter time.
Aside from getting all this stuff fixed and repaired up to health code, should i be getting additional compensation? in the ways of free rent or reduction in rent?
I also will see a doctor to make sure i'm not going to die...
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is a breach of the warranty of habitability and a breach of your lease. If the landlord has not properly responded to your complaints to come out and make necessary repairs previous to this and you can prove that this mold has made you sick, the landlord is liable for your medical bills if it made you sick along with pain and suffering for you becoming sick as a result of the mold. Aside from you becoming ill, for breach of warranty of habitability, they are liable to not only make repairs but pay for you to live elsewhere or give you money off of your rent for the time that your premises is not able to be lived in because it is not habitable. If they refuse to do any of this, then it is grounds to sue the landlord for damages.

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