Skip to main content

[NY] When does a landlord’s conduct toward a tenant who is withholding rent for repairs become harassment?

Lawyer, Esquire
Lawyer, Esquire

25 satisfied customers

View context
Solved

Based on your situation, there are several legal arguments and tenant protection laws in New York that could potentially support your case:

In New York, tenants have the right to a habitable living environment, which means landlords are required to maintain rental properties in a condition fit for human habitation under the warranty of habitability (NY Real Prop L § 235-B). This includes addressing issues like gas leaks and lead remediation promptly. If a landlord fails to make necessary repairs, tenants may have the right to withhold rent, but it's crucial to follow the legal process for doing so.

Harassment by a landlord or property manager is illegal in New York (NY Real Prop L § 235-D). This includes actions intended to force tenants to vacate their homes or give up their rights. Blocking your vehicle or sending intimidating messages could be considered harassment.

Retaliation by a landlord, such as threatening eviction or cutting off services because a tenant has exercised their legal rights (like requesting repairs), is also prohibited under New York law (NY Real Prop L § 223-B).

Let me know if you have any questions.

0

Harassment Cease and Desist Letter

Full Conversation


Hi

Lexi

Lexi, Chatbot

Where are you located? It matters because laws vary by location.

Syracuse, NY

Lexi

Lexi, Chatbot

Has anything been filed or reported?

Not yet, I've been working off and on with legal aid, but i have questions I need real answers to and they cant get back to me until Tuesday next week.

Lexi

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your legal questions.

No.

Lawyer, Esquire

Lawyer, Esquire

Hey there! Welcome to our service. I'm Trevor, an attorney with many years of experience. I understand you're working off and on with legal aid in Syracuse, NY, but have questions you need real answers to before Tuesday next week. Is that correct?

Yes.

Lawyer, Esquire

Lawyer, Esquire

Could you tell me a bit more about the legal questions or issues you're facing? This will help me understand your situation better.

Okay, so on March thirtieth I sent a notice to my landlord saying that I was going to be withholding rent until the repairers that are needed to the unit that I'm in have been made, and that includes lead remediation, my landlord is [name redacted] here in Syracuse. He's failed to provide any form of acceptable temporary housing for us in order for us to leave the unit so that they can do that work. And now, over the last three days, his a property manager has been messaging me. And I feel like this is bordering on harassment, intimidation and retaliation. But I need to make sure that I'm not just exaggerating things. And I'm not just imagining things that this is something that is legitimately concernable.

Lawyer, Esquire

Lawyer, Esquire

Thanks for sharing those details. Could you describe the nature of the messages you've been receiving from the property manager? Are they threatening or demanding in any way?

So on march thirtieth, we had a gas emergency. I immediately called the gas company and said, hey, we have a gas leak. The pipe from the stove is hissing, and then when I got off the phone with them, I messaged the property manager and let him know what was going on his response was. "I'll be there in the morning, what's going on with rent" word for word. I didn't have any contact with him again. Until april 11th when after verbal conversation about him saying that we are responsible to find ourselves housing. I sent him two screenshots of two Airbnbs that would fit our family. We have a family of five with three children. I received no response to that. Then on the 12th he blocked me into the driveway, like he parked behind me in the driveway so that I would have to talk to him in order to get him to move his car. I recorded that interaction, because I knew something wasn't okay. Then, may nineteenth I messaged, because he had blocked me and again and it was the middle of the night and I needed to go get my husband from work. I messaged him and asked him to not block us into the driveway again. He responded the following morning with "you guys said you were moving out today. So I don't see the point in this message" he's referencing us moving out into our house, and we are currently waiting on a closed date. We don't have one yet. And we told them this, so there's been no official anything in writing that says with that we were going to be out on may twentieth. He then has proceeded to message very late into the night saying that we're not tenants, we don't have rights, we cant park in the driveway anymore, were being difficult, we just don't want to pay. Then last night at after 10 PM he said, well, we're gonna be there in the morning, and you have to let us in. Because we need to get in there to do repairs. And I said, okay, you need to provide me with repair scope. Who's coming in? And how long they're gonna be here for and what they're working on. He said, stop texting me with all that red tape.We're gonna do things how we've always done them.

I've offered several windows of time throughout the week. That we are available for them to come in and do repairs? But I've also said that I need that information. Prior to confirming any kind of maintenance appointment, and he has refused every single time that I have texted that he has refused to give that information. And he keeps trying to force in person contact, tried to avoid written communication even though I've specifically requested written communication only several tines, upwards of 13 times in the text message thread.

Lawyer, Esquire

Lawyer, Esquire

Based on your situation, there are several legal arguments and tenant protection laws in New York that could potentially support your case:

In New York, tenants have the right to a habitable living environment, which means landlords are required to maintain rental properties in a condition fit for human habitation under the warranty of habitability (NY Real Prop L § 235-B). This includes addressing issues like gas leaks and lead remediation promptly. If a landlord fails to make necessary repairs, tenants may have the right to withhold rent, but it's crucial to follow the legal process for doing so.

Harassment by a landlord or property manager is illegal in New York (NY Real Prop L § 235-D). This includes actions intended to force tenants to vacate their homes or give up their rights. Blocking your vehicle or sending intimidating messages could be considered harassment.

Retaliation by a landlord, such as threatening eviction or cutting off services because a tenant has exercised their legal rights (like requesting repairs), is also prohibited under New York law (NY Real Prop L § 223-B).

Let me know if you have any questions.

So my question is, I need to know if the responses that I've been giving him are the ones that I need to be giving him because I don't want to appear as excessively difficult or unwilling to allow repairs, but there's a lot going on here. There's lead paint in the apartment. He doesn't have a renters registry for this apartment. And he hasn't for quite a few years, code has never been in here to inspect this apartment. The entire six and a half years that we've lived here, we've been using the parking space for the last 6 and a 1 years. And now the property manager is parking in that space and locking the mutual access door into the house at night, and we've never been provided a key for that.

Every time I respond and ask for things to be put in writing and for any kind of maintenance to be scheduled with a reasonable amount of time inside the timeframes that I've given them that were available, which are a Monday, Tuesday, Thursday, Friday, Saturday, Sunday  option between certain hours because that's when my husband is home.

We have cockroaches in our kitchen. There's leaking sinks. The bathtub is leaking. The bathtub drain is rusted. There's multiple holes in the walls in these apartments where the walls have just kind of crumbled away.Because the house is so old that have never been fixed. He keeps claiming that i'm denying them access.But my response is this:

"Good morning. We are not refusing necessary repairs or lawful access. To schedule access, please provide in writing: the specific repair scope, who will be entering, the expected time needed, and the proposed time window. Once that information is provided, we can confirm a scheduled appointment during one of these availability windows: Monday: 8:00 AM to 1:00 PM Tuesday: 3:00 PM to 7:00 PM Thursday: 8:00 AM to 11:00 AM Friday: 1:00 PM to 8:00 PM Saturday/Sunday: can be discussed for specific availability. These windows are not open-ended permission to enter; access still needs to be scheduled and confirmed in writing beforehand. Thank you. "

Is that ridiculous? Or difficult?

Lawyer, Esquire

Lawyer, Esquire

Your response is clear, reasonable, and professional. You're not being difficult; you're simply setting boundaries and ensuring that repairs are conducted in a way that respects your rights and schedule.

It's important to maintain this level of communication to protect yourself and ensure that everything is documented. If the landlord continues to ignore your requests, you might consider seeking legal advice to explore further options. Please let me know if you have further questions.

So tonight, he parked in our parking space, forcing us to park on the street, which we have not had to do in six and a half years, he locked the outer mutual access door which we have never had a key to. He waited until we left. We only left for about twenty minutes and came back, and in that time he had come out, moved his car from the road, put it in the parking space and locked the outer door from the inside. Is that illegal?

Lawyer, Esquire

Lawyer, Esquire

It sounds like your landlord's actions could potentially be considered harassment, especially if they are intentionally making it difficult for you to access your home or park your car. In New York, tenants have rights to peaceful enjoyment of their rental property, and actions like blocking access or changing locks without providing keys can be problematic.

Okay, this is ask a lawyer. So I am asking as a person. I'm seeking legal advice.. what do I do now?

Lawyer, Esquire

Lawyer, Esquire

It sounds like you're dealing with a very challenging situation. Let's break down the steps you can take to address this issue:

  1. Document Everything. Continue to keep detailed records of all interactions with your landlord and property manager. This includes saving all text messages, emails, and any notes from phone calls. Your request for written communication is reasonable and helps create a clear record of events.
  2. Understand Your Rights. In New York, tenants have the right to a habitable living environment. This includes addressing issues like lead paint, gas leaks, and pest infestations. Your landlord is required to maintain the property in a safe and livable condition.
  3. Responding to Harassment. Blocking your vehicle and sending intimidating messages can be considered harassment. You've done well by recording interactions and requesting written communication. If the harassment continues, you may want to consider sending a formal cease and desist letter.
  4. Requesting Repairs. It's reasonable to ask for a repair schedule and details about who will be entering your home. Your landlord should provide this information. If they refuse, document your requests and their responses.
  5. Temporary Housing. Since the repairs involve lead remediation, your landlord should provide temporary housing. If they fail to do so, this could be a violation of your rights.
  6. Legal Action. If the situation doesn't improve, consider seeking legal advice. A local tenant's rights organization or attorney can help you understand your options, which may include filing a complaint with the local housing authority or taking legal action.

Please let me know if you have further questions.

Lawyer, Esquire

Lawyer, Esquire

25 satisfied customers

Lawyer, Esquire
Welcome! Have a similar question?

12 lawyers online now

0:00

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Disclaimer


By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.

Ask a Lawyer Logo
Ask a Lawyer Logo
Intake Questions
Step  of 3
Loading...

What's your legal question?

Lexi, Chatbot

How would you like your legal question to be answered?

Online

Loading...

How do you like to pay?

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

After connecting, your chat will begin with an attorney. After choosing, your chat will continue with Legal AI.

It looks like you already have an account with Ask a Lawyer.

We have sent you a magic link to . Click the link in your email to sign in and continue your chat.

spin

Step of 6 •

You'll receive an email at as soon as the lawyer joins the conversation 🙏🏻😊

Over 90% of lawyers connect within 5 minutes. If you're not online at that moment, don't worry — the lawyer will reply to your message while you're away.

You're also welcome to stay in the chat while waiting to be connected 💬✨

Waiting for lawyer

We couldn't send your message. Please try again.

Your lawyer will reply as soon as possible

If there’s a delay, please don’t worry. Your chat will stay open, and they’ll get back to you as soon as they can. There’s no rush on your end either. You’ll receive an email notification as soon as there’s a new message.

You've reached your AI chat limit

Upgrade your plan to continue chatting and get instant domain-specific answers.

0:00