Sit Right Down and Write Your Landlord a Letter

If you have a complaint about conditions in your apartment, the first thing to do is to tell the building's superintendent or telephone your landlord or your managing agent. If your landlord doesn't take care of the situation, you can always call 311, the New York City hotline number, and complain. They will send an inspector to your apartment, who may - or may not - write a violation. If a violation is written, it will be sent to your landlord. You may - or may not - be able to arrange to be at home when the inspector is scheduled to arrive.

The most effective thing to do is to open a file and engage in a telephone and letter-writing campaign. If you call the managing agent's office, "Kate" may promise to send a plumber next Tuesday. Tell Kate that you can't sit home all day, and you want to know when the plumber will arrive. Probably, the best Kate can do is to tell you that Josephine the plumber will arrive during a certain three or four hour window - for example, 9:00 am to 1:00 pm. Then immediately sit down and write a letter to the landlord and the managing agent's office confirming your telephone conversation with Kate. The letter should include a description of your complaint, what you said to Kate, what Kate promised to do about it, and a brief explanation about how the condition has interfered with your enjoyment of your apartment. Send two copies of the letter to the landlord - one by regular mail, with proof of mailing, and one by certified mail, return receipt requested. Of course, retain a copy of your letter.

The letter should be sent to the address the landlord or managing agent indicated on the Multiple Dwelling Registration Statement ("MDR") on file with the Department of Housing Preservation and Development ("DHPD") of the City of New York. To find the MDR, go to DHPD's web site: www.nyc.gov/html/hpd. If you do not live in a multiple dwelling, send the letter to the address where you send your rent.

Of course, be there when the plumber is scheduled to arrive. It would be best to have someone wait for the plumber with you - this person will later be able to testify in court that the plumber did not arrive. If the plumber doesn't arrive, continue the campaign: telephone call to landlord, followed by a letter confirming the telephone call, etc.

If your campaign is not effective, it's time to contact an attorney, who may ultimately advise you to withhold all or part of your rent. Never withhold rent without the advice of an attorney. Withholding rent may result in your eviction. Bring your file to the attorney's office: your attorney will be thrilled to see your file filled with letters and proofs of mailing.

If you telephone - but do not write - your landlord, and the matter ends up in court, your landlord may deny receiving the phone calls altogether, or may tell the judge a different version of the conversation. Put yourself in the judge's place: what is s/he supposed to believe? If you never bothered to write a letter, and the landlord denies receiving phone calls from you, the judge may end up concluding that you never did have a serious problem, and that the reason you withheld your rent was simply due to lack of funds.

So no matter how busy you are, or how hard it is to get to the post office, sit right down and write your landlord a letter.

P.S. Landlords note: For the same reasons, write letters to your problem tenants!