East Meadow, NY asked in Landlord - Tenant for New York

Q: Landlord won't replace air conditioner.

Air conditioner is thirty years old and broke. Called landlord he sent a technician he said it is to old cant fix it. The landlord says he will replace the air conditioner if I agree to pay an additional $20.00 a month. I said no he said he won't replace it. Is it his responsibility to replace it since it came with the apartment? Just like it would be if the stove or refrigerator broke? It's a built in unit if that makes a difference. I live in New York State, Nassau County.

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Do you have a lease? If you have a current lease, does it provide that the landlord agrees to provide air conditioning for the term of your lease? If so, you may be entitled to insist the landlord make the repair.

Unless you are living in a rent-regulated apartment, if you do not have a current lease, the landlord can ask for a rent increase without any increase in services or other expenditure. Of course that does not mean you have to agree to the rent increase but the landlord could commence a holdover proceeding to evict you if you cannot come to an agreement.

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