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[Tenant US-NY] My NYC apartment has been leaking a lot through the roof for six months. Lots of mold. Landlord dragging feet.
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My NYC apartment has been leaking through the roof for six months. Literally the weekend I moved in, there was a huge storm, and now my apartment is just constantly wet.

Itā€™s damaging the sheetrock and the paint, which I can live with, so long as landlord doesnā€™t try to stick it to me. But bigger problem is thereā€™s LOTS of mold, and the leaks are so bad that itā€™s knocked out my electrical once before, requiring significant electrical repairs. This, of course, is a fire hazard, not to mention very irritating practically. Furthermore, I am very allergic to mold, and I have had to have approximately five ear and sinus surgeries due to mold exposure in the pastā€”so Iā€™m not exaggerating about how unsafe the conditions are, at least for me personally.

Landlord just isnā€™t doing anything at all because he says the neighbor wonā€™t give him roof access next door to repair the leaky roof. So heā€™s thrown up his hands and given up on his landlordly duties of fixing the roof, and he certainly isnā€™t doing anything about the mold inside the unit because that would be a ā€œwaste of moneyā€ until the roof is repaired ā€¦

Iā€™m an attorney (but not this kind), so I am generally familiar with my legal rights here and know that it doesnā€™t look good for landlord. However, as a practical matter, what are my rights and best/most practical course of action?

I think best recourse from a cost/time perspective is to complain to the city, but it will still take a long time for that process to resolve. Alternatively, I could seek to terminate the lease early. Not sure itā€™s worth my trouble to sue so long as landlord cooperates with move out, but this living situation is not sustainable. Really, I donā€™t want to move out, because thereā€™s will be a significant cost associated with finding a new place and moving again. I like the apartmentā€”I just wish they would maintain it, at least to the point of habitability.

I spoke with landlord by phone today (again, for like the 15th time) to relay my health concerns given than I now have an active ear infection from the mold, and he told me to move out because he knows Iā€™m going to sue him anyway. Thereā€™s six months left on my lease, but landlord made it clear he doesnā€™t want to deal with me and my annoying habitability concerns anymore.

If I pursue legal remedies with the city complaint process, lease termination process, or the courts, what happens at my next place when landlord wonā€™t give me a good recommendation? I hear whispers about a formal or informal blacklist of tenants among NYC landlords. All my prior landlords will give me positive references, though ā€¦ Iā€™m actually friends with most of them because Iā€™m a good tenant. Lol.

Thoughts?

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5 months ago