When you pay rent on your apartment, you have a right to livable conditions in your home, and coops are no exception. Whether the ceiling falls in your kitchen, there’s mold throughout the house, or you have excessive water damage or flooding, you need to know your rights when it comes to unlivable conditions in New York coops.
When you live in a coop apartment, things work differently than if you were renting from a landlord. In a coop situation, you own a share of the building you live in through a cooperative corporation.
You still don’t own your apartment, which makes the corporation something like a landlord, but with some discrepancies. You’re responsible for certain fees, which can include property taxes and maintenance fees, among other bills. What does that mean for the condition of your apartment?
Because the cooperative corporation is still the owner of the building—not you as the person who owns the shares—they are still responsible for its condition. You can find more details in the proprietary lease regarding who deals with what problems, but the cooperative corporation has a responsibility to keep living spaces livable.
Yes. The Warranty of Habitability is a law that pertains to leased living spaces, like apartments and condos. It states that any leased living space must be fit for human habitation and stay that way as long as someone resides in it.
There are no exceptions for coops in New York, which means that if your apartment becomes unlivable, the cooperative corporation is breaking the Warranty of Habitability law. If you have already notified the corporation of any damages and they have failed to fix them, you need the help of an attorney.
If your coop apartment has become unlivable, DDC Law Firm can help you file a claim against your cooperative corporation. Call us at 718-667-1301 or contact us online for a consultation.
