If the conditions in your building are horrendous and the landlord has been egregiously negligent in addressing them, you may want to consider initiating a 7A proceeding. This is an action in which you ask the Court to remove control of the building from the landlord. A Court-appointed administrator is then assigned to make the necessary repairs and manage the property. You’ll need to have at least one-third of the building’s tenants participate in making the request. In this instance, it pays to organize a Tenants’ Association, since if the conditions are extremely bad, you probably will be considering a rent strike as part of your legal strategy to enforce your rights. However, once a 7A administrator is appointed, tenants have to pay full rent – there aren’t any rent reductions for bad conditions because all funds collected will be used for repairs. From a practical perspective, each building’s situation needs to be individually evaluated to see whether it’s best to pursue rent reductions and a court order forcing necessary repairs, or getting a 7A administrator involved.
Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.
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