Q: What would be my next option for repairs not made within 90 days?
I notified my landlord of a broken AC unit over 3 months ago through email, their portal, the phone, and in person. At this time it is still not working and I have not been given an expected timeline as to when it will be repaired. The AC unit is listed both in my current lease and the one that will take effect soon. I am not sure if I have any options.
A:
Dear Latham Tenant:
Very few, but I am not able to tell you what to do because I am not your lawyer. Unlike Texas [https://guides.sll.texas.gov/landlord-tenant-law/failure-to-repair], New York does not allow a tenant in the circumstances you described to make a repair legally and deduct it from rent.
Nor does the Statutory Warranty of New York State (NYS Real Property Law Section 235-b [https://www.nysenate.gov/legislation/laws/RPP/235-B]) because New York State's version of that tenant statute is not self-enforcing and is not useful in most circumstance to coerce a repair in court and also secure a rent reduction.
Nor does New York State recognize Air Conditioning as an essential service. A local code enforcement office will not write a housing code violation for a defective air conditioner.
Tenants are left to what makes sense for their own situation since The Law provides no help. Tenants will purchase their own Air Conditioner, whether a window or a portable.
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