Q: My wife and I have rented a market-rate two-bedroom apartment in Cobble Hill, Brooklyn since 2013. During this time we once asked to have some rooms painted. However, other signs of wear and tear have also developed over the years: the hardwood floor is losing its seal, some kitchen cabinet doors are splintering, and the wood under the bathroom sink is peeling. Our refrigerator is functional but unattractive. Is there a law that says the tenant is entitled to some minor renovations after 10 years? We would like the landlord to fill this out.
A: To be eligible for the repairs you describe, you must prove that the problems in your apartment violate city regulations designed to ensure tenants have livable housing.
In general, the items you request do not violate the City's Warranty of Habitability, the Multifamily Housing Act, or the City's Housing and Maintenance Code. If your floors or cabinets crack or the refrigerator doesn't work, the landlord has to repair them, said Samuel J. Himmelstein, a Manhattan attorney who represents tenants. (Rent stable tenants have more rights than market rate tenants when it comes to unit maintenance.)
A legally required upgrade: paint. The city's housing maintenance code requires landlords to paint rental apartments in buildings with three or more units every three years. In smaller buildings, the landlord is obliged to paint if necessary.
You can request the repairs you want, but be careful: the landlord may choose not to renew the lease of a market-rate tenant who complains. That's not legal, but retaliation claims are difficult to prove in court, Mr. Himmelstein said.
You could do some repairs yourself. However, check your rental agreement so you know exactly what changes the tenant can make. Violations of the lease could result in eviction or non-renewal, said David A. Kaminsky, a Manhattan-based real estate attorney.
“Some tenants would simply do these repairs themselves without even consulting the landlord,” Mr. Kaminsky said. “However, I would not recommend this as there are insurance issues and possible injuries to workers, as well as upsetting the landlord for carrying out work without permission.”
If you want to ask the landlord to make these upgrades possible, get estimates first to get an idea of what the costs will be. Then describe in detail the work you want and the materials you need, as well as the written estimates, Mr. Kaminsky said. If the landlord refuses, you can suggest sharing the costs. Otherwise, you could offer payment.
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