There are currently no federal or local laws regulating a landlord’s responsibilities regarding Manhattan mold removal in their buildings, but a mold infestation can still result in a number of figurative and literal headaches. Follow these guidelines to mitigate issues with mold in rental properties.
What Are Tenants’ Rights?
Despite the lack of specific language addressing mold problems, landlords are bound by the legal doctrine known as “implied warranty of habitability.” Simply put, a landlord must maintain rental units in livable condition.
If tenants are faced with mold infestations, they have recourse with two self-help methods recognized by New York courts:
• Rent withholding allows tenants to stop paying rent on the basis of unlivable conditions.
• Repair and deduct is when tenants seek Manhattan mold removal on their own and subtract the costs from their rent payment.
Legal and Financial Consequences
In an effort to make it easier for tenants to report mold problems, New York City offers an online complaint form through its 311 non-emergency services program. All complaints generate a service request number for use in tracking progress.
A landlord may be liable for damages if a court finds that a mold problem was due to negligence. Conversely, if a problem was caused by a tenant’s neglect, clean-up costs may be deducted from their security deposit.
Manhattan Mold Removal for Commercial Properties