Before
any cleaning work is done the leak has to be stopped which is, of course,
the landlord's responsibility. If this fails to get immediate action,
follow the steps you would take with any serious repair problem:
To
report a mold problem in your apartment or common building areas, call the New
York City Dept of Health at 311 (or directly to the DOH’s Office of
Environmental Investigations at 212-442-3372.) Also report mold and any
chronic leaks from pipes, improperly working drains, or roof leaks, to the
NYC Dept. Of Housing, Preservation and Development, Central Complaint at
311. See more New York
Contact Numbers.
You
should treat mold as you would any serious repair problem. Write a
letter to the landlord describing the problem and the steps you have taken
to get the problem fixed. (In other words, if you spoke to the super and
showed him the mold, include that in your letter.) Be sure to date the
letter, keep a copy and send it to the landlord either by certified mail
or with a receipt of mailing. You can include the letter with the rent
check if it is close to the time you are paying the rent. Share with
the landlord information about mold (see below) so the clean up is properly
done.
If
the landlord fails to act promptly, you can take the landlord to court in an
HP Action, file a complaint with the DHCR (complain about reduction in
services and ask for a rent reduction – get the forms by calling
718-739-6400 or at www.dhcr.state.ny.us) and/or continue filing complaints
by phone with both the city’s housing department and health department.
Get advice from Metropolitan
Council on Housing or another housing group if you want to
take the landlord to court. Take pictures of the mold and the leak
condition. If the mold growth was caused by the landlord’s
negligence, and has made part of your apartment unusable, or destroyed your
personal property you might be able to get an abatement on the rent or money
from small claims court for your destroyed belongings. If you hire a
mold specialist to inspect your apartment or to do abatement work, keep all
the receipts. If you or other household members feel that the mold is
affecting your health, seek medical help and keep a record of what the
doctor says and any medical bills you have to pay because of the problem.
You might be able to get compensated for your expenses by negotiating with
the landlord (or suing if that fails).
If
you think the problem is building-wide and get them involved in as a group
to pressure the landlord. Keep in mind that the landlord’s insurance
company will want to know about these problems as well.
