Health Code Violations?

[Ajiana]

I live in a condo unit which is part of a 4 unit building. I moved in on June 1, 2005 and did a walk through with the landlord who just bought the building in September 2004. We noted that the bathroom linoleum was peeling by the tubs and showers and that they would fix them. They are now telling me that this unit is a money pit and they can't afford to fix everything right away.
My issue is with the peeling floor because there is mildew growing for who knows how long and I feel it is a health hazard for my family, including a 10 year old and a 9 month old. Is there an organization where I can file a complaint of this nature?

Any constructive input would be highly appreciated.

[elklaw]

Talk to the landlord and maybe it may be better for you two to agree for you to move and for you to be let out of the lease and explain why you need to be let out give health concerns for the kids. Even if you report the violation, it sounds like there is no money to fix it, so you would probably eventually have to move anyway, so it may be best to do that sooner and not later.

[grasmicc]

"My issue is with the peeling floor because there is mildew growing for who knows how long and I feel it is a health hazard for my family, including a 10 year old and a 9 month old. Is there an organization where I can file a complaint of this nature?"

1 - Concentrated bleach should kill the mildew, though you'd have to leave the place for a few hours to let the vapor go away. Warning: Don't mix bleach and other cleaners, and keep young kids away from the stuff.

2 - The place that you file complaints of this nature is with the local branch of your state's judiciary - i.e., you sue the landlord.

If I were you, I'd write a letter that says:

"Dear Landlord: As per our several previous discussions on dates (xx/xx/xx, xx/xx/xx), I am waiting for you to take care of the mildew problem in the bathroom of my unit. I think that this stuff may pose a health hazard to my young child. Your failure to repair this in a timely fashion violates the warrant of habitability on the unit, and is a violation of your duty to repair. Therefore, I will not be paying rent until the situation is resolved. Please contact me to make appropriate arrangements to have the repairs made."

Then, just like it says, don't pay any rent until the landlord fixes the problem.

[cactus jack]

Grasmicc in such a case, if she doesn't pay rent until the repairs are made, would she be liable for back rent? Example, In june person "X" notifies landlord of repairs that need done. July and August pass, no repairs. Rent is paid for July and August. In Sept. "X" tells landlord this- fix or else no rent, and thus witholds the Sept. rent. Repairs are finally completed in November. Would the Sept. and Otc. rents still be due or....?

I have seen people do it that way and get away with it. Unsure of the legal standing for this though.

[grasmicc]

General answer: No. Not liable for back rent.

Specific answer: Depends on a lot of factors, including which state one is in. If the condition of the unit is bad enough to violate the warrant of habitability, then no rent must be paid. Definition of "Warrant of habitability" varies by state.

I have been watching a housing court trial in NYC where a guy didn't pay rent for 5 months due to claiming that there is a violation of the warrant of habitability. Only, the catch is, he is renting FIVE FLOORS of a building on Park Ave. and supposed to be paying tens of thousands in monthly rent. He claims warrant of habitability is violated on his luxurious unit because the owner failed to get a proper certificate of occupancy for a multi-family dwelling - which, in this jurisdiction, is in itself a violation of habitability warrant.

Interestingly, last I checked he was on his way to winning the case.

The real issue is whether, in your state, the repair you are awaiting is one that is necessary in order to prevent violation of "Warrant of habitability".

A breach of the duty to repair would only entitle the lessee to the amount of damages that represents the difference in the rental value of the unit due to the failure to repair. So if a broken dishwasher reduces the rental value by $10/month, lessee could withhold only $10/month.