Repair and Deduct Provisions in New York

Barbara Katsos
Jul 25, 2017 · 2 min read

A dedicated attorney in New York, NY, Barbara Katsos serves as the owner of the Law Offices of Barbara H. Katsos, PC. In leading the firm, she assists clients with a wide range of legal needs and handles numerous real estate matters, such as leases.

As in many states, New York maintains a repair and deduct provision for tenants who have an unresponsive landlord. Under this provision, tenants have the right to schedule and pay for significant repairs using their own money. The cost of the repair services can then be deducted from the rent during the next month.

Although this provision is available to tenants, it can only be used in specific circumstances. Repairs that qualify for the repair and deduct provision must be impeding the tenant’s ability to live in a safe and sanitary location. Further, the repairs must be significant, such as structural problems or lack of running water.

Minor repairs, such as paint touch-ups and new light fixtures, do not qualify. Nor does damage that was caused by the tenants, their guests, or their pets.

If a problem is affecting safety and health, tenants should notify their landlord of the problem immediately through either email or written letter. This correspondence should discuss the needed repair, mention whether it’s an emergency or not, and ask for an expected repair date. Tenants can then send another letter requesting repairs if their landlord does not respond and does not complete the repairs.

Tenants who decide to continue with a repair and deduct scenario should discuss the situation with a lawyer to ensure they are legally protected. Assuming they are, they can send their landlord a letter indicating their intention to repair the problem themselves and deduct the cost from the rent.

Barbara Katsos

A member of the American Bar Association, Barbara H. Katsos received her juris doctor from the University of the City of New York Law School in Queens.

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